COUNCIL AGENDA: 9-26-2023
ITEM: 2.7
SAN JOSE Memorandum
CAPITAL OF SILICON VALLEY
TO: HONORABLE MAYOR FROM: Nora Frimann
AND CITY COUNCIL City Attorney
SUBJECT: SETTLEMENT OF HAIDAR v. DATE: September 14, 2023
CITY OF SAN JOSE
RECOMMENDATION
Approve a settlement in the case of Haidar v. City of San Jose in the amount of $400,000.00 and authorize the City Attorney to execute a Settlement Agreement.
OUTCOME
Settle the lawsuit brought by Plaintiff Nabil Haidar with a payment by the City of $400,000.00, each side to bear their own costs, including attorneys’ fees.
BACKGROUND
Plaintiff is a former San Jose police officer who retired in 2022. Plaintiff sued the City and several department members alleging causes of action for discrimination, harass- ment, and retaliation based on race, national origin, and religion in the form of jokes made by department members, culminating in incidents in late 2017 and early 2018.
ANALYSIS
Under the proposed settlement, Plaintiff will release all claims in exchange for payment from the City in the amount of $400,000.00. This is a negotiated settlement between the parties to avoid the risks inherent in litigation.
PUBLIC OUTREACHI/INTEREST
This memorandum and the Settlement Agreement have been posted on the City’s website for the September 26, 2023 agenda.
COST SUMMARY/IMPLICATIONS
The settlement will be paid from the City’s claims reserve fund.
CEQA
Not Applicable. Not a Project; File No. PP10-066(h), Settlement Agreements.
NORA FRIMANN
City Attorney
ay lta
MAREN CLOUSE
Chief Deputy City Attorney
L-36066-18
HONORABLE MAYOR AND CITY COUNCIL
September 14, 2023
Subject: Settlement of Haidar v. City
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900 L-36066-18