APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO COMPROMISE AND SETTLE THE CASE OF DENA DELAVIZ V. CITY OF OAKLAND, CHRISTOPHER CHE KING , AND DOES 1 -10,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
24CV084224, CITY ATTORNEY FILE NO. 3 6917, IN THE AMOUNT OF
FOUR HUNDRED SEVENTY -FIVE THOUSAND DOLLARS AND ZERO
CENTS ($475,000.00) (OAKLAND FIRE DEPARTMENT - EMPLOYMENT
DISCRIMINATION AND HARASSMENT)
WHEREAS, Delaviz was employed as a Program Analyst in the Oakland Fire Department Emergency Medical Services Division from August 23, 2021 to January 30, 2024. Delaviz alleges that former employee Christopher Che King harassed and discriminated against her; and
WHEREAS, Delaviz alleges Delaviz suffered loss of income and emotional distress as a result of the harassment and discrimination; and
WHEREAS, Delaviz filed a lawsuit in the Superior Court of the State of California, County of Alameda, Case No. 24CV084224, alleging sex discrimination, sexual harassment, failure to prevent discrimination and harassment, and retaliation claims against the City; and
WHEREAS, Delaviz seeks to recover money damages for lost wages and emotional distress, and attorneys’ fees and costs; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing, fault or liability; and
WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Dena Delaviz v. City of Oakland, Christopher Che King, and Does 1 - 10, inclusive, Alameda County Superior Court Case No. 24CV084224, for the sum of Four Hundred Seventy-Five Thousand Dollars and Zero Cents ($475,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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