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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />A-2018-119 <br />6-, Al—ls ETTLEMENT AGREEMENT AND RELEASE <br />This settlement agreement and release ("Agreement") is made by and between <br />` oc� WvV'° �` e`following parties: NICOLE QUIJAS ("QUIJAS"), BRANDON SONTAG ("SONTAG"), <br />(collectively referred to as "OFFICERS"), SANTA ANA POLICE OFFICERS <br />ASSOCIATION ("SAPOA") and the CITY OF SANTA ANA ("THE CITY"), SANTA ANA <br />POLICE DEPARTMENT (DEPARTMENT) and CARLOS ROJAS ("ROJAS'), collectively <br />the CITY, DEPARTMENT and ROJAS are referred to as DEFENDANTS. All parties <br />herein are collectively referred to as "AGREEING PARTIES". <br />RECITALS <br />A. WHEREAS, in May 2015, the OFFICERS were involved in the service of a <br />search warrant at a marijuana dispensary that gave rise to allegations that members of <br />the Santa Ana Police Department (SAPD) committed misconduct. SAPID initiated an <br />investigation into the allegations. <br />B. WHEREAS, during the administrative investigation, the SAPOA, on the <br />OFFICERS behalf,brought a lawsuit alleging certain violations of their rights under the <br />Public Safety Officers Procedural Bill of Rights Act and Penal Code §632 and 637.2. <br />The CITY denied all liability. This litigation is referred to as Santa Ana Police Officers <br />Association, et al. v. City of Santa Ana, et al., Orange County Superior Court Case No <br />30-2015-00801604-CU-OE-CJC and California Court of Appeal Case No. G053126. <br />C. WHEREAS, in or about April 2016, the Chief of Police terminated the <br />OFFICERS based on alleged misconduct and the OFFICERS filed requests for <br />administrative appeals before the Santa Ana Personnel Board. <br />D. WHEREAS, QUIJAS filed a second lawsuit claiming additional violations of <br />her rights under the Public Safety Officers Procedural Bill of Rights Act and the California <br />Labor Code. The CITY denied all liability. This litigation is referred to as Nicole Quijas <br />v. City of Santa Ana, et al., Orange County Case No. 30-2016-00850502-CU-OE-CJC. . <br />E. WHEREAS, SONTAG, prevailed at his Personnel Board hearing, and <br />was ordered reinstated. The CITY appealed that decision, but later withdrew its Petition <br />for Writ of Mandate SONTAG believed that the CITY and others violated additional <br />rights under state and federal law, and filed legal action against the CITY. This <br />litigation is referred to as Brandon Sontag v. City of Santa Ana, et al., Orange County <br />Case No. 30-2017-00902039-CU-OE-CJC. <br />F. WHEREAS, the OFFICERS allege that she/he/they suffered damages as a <br />result of the subject incident. The CITY denies all liability. <br />G. WHEREAS, the Agreeing Parties each recognize that the dispute and any <br />subsequent litigation as between themselves requires substantial time, effort and <br />Page 1 of 7 <br />