Spitzer Criticizes County Settlement Policy

Supervisor Todd Spitzer on Tuesday criticized Orange County’s policy of bypassing the board and authorizing large out-of-court settlements of claims involving the county and its employees.

Spitzer, whose point drew support from board Chairman Charles V. Smith, brought up the issue of secretive settlements during a budget hearing that gave straw-vote approval to the county’s proposed $3.85-billion budget for next year. Final approval of the budget is expected at the board’s June 29 session.

“I believe the public has this perception that the board approves all these settlements when the board never hears about them,” Spitzer said. “In fact, we end up reading about them in the newspapers just like everyone else.”

During the hearing, supervisors learned from other county officials that $10 million annually goes into a liability reserve fund for potential awards in lawsuits filed against the county and its employees.

Spitzer asked why some settlements are authorized without the knowledge of the board, including large awards to plaintiffs in the case involving the death of Sheriff’s Deputy Darryn Leroy Robins, who was fatally shot by his partner during a training exercise in 1993, and in a recent sexual harassment lawsuit against former Assistant Sheriff Dennis LaDucer.

Five sexual harassment lawsuits were filed against LaDucer. Last week, one of the trials was halted a day after it began, giving a strong indication that the parties may settle.

In March, two women who accused the former high-ranking official of making lewd comments and groping female department employees settled their cases for $325,000 each.

Robins’ family in 1998 agreed to accept $900,000 to settle a $15-million lawsuit they had filed against the county.

Sharon Lightholder, the county’s risk management manager, explained to supervisors Tuesday that the current policy was established after a 1992 study recommended giving authority to a panel of top county officials in the legal and risk management divisions.

But Spitzer, who is a lawyer, said, “When you hear the County of Orange paying out huge settlements, I would like to know the arguments. In a case like LaDucer’s, it’s incumbent on the board to discuss some policies to prevent this from happening again.”

The board instructed Lightholder to analyze the earlier report, prepare an overview and submit it to them.