HomeMy WebLinkAbout05 CLAIM #03-28 10-06-03rlT~l
AGENDA REPORT
MEETING DATE: OCTOBER 6, 2003
Agenda Item ~'-
Reviewed:
City Manager
Finance Director
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT:
CONSIDERATION OF CLAIM OF STEPHEN BARTZETT (AKA BARTLETT);
CLAIM NO. 03-28
SUMMARY:
Claimant is alleging $5,000.00 in emotional distress because of his detention by the
police. The claimant was on probation and was subject to seamh and seizure of his
person and vehicle. The search of his vehicle revealed a drug smoking pipe. He was
subsequently arrested and transported to the Tustin Police Department. While at the
Department, he was issued a citation for his possession of drug paraphernalia and
released. A criminal complaint against the claimant was not prosecuted by the District
Attorney due to a lack of sufficient evidence that the drug paraphernalia in the
claimant's car actually belonged to the claimant, This was despite claimant's criminal
history. In this instance, the police had every reason to detain and cite the claimant.
The fact that the matter was not pursued by the District Attorney's Office is not
indicative that the City's actions were wrongful. The claim should be denied.
RECOMMENDATION:
After investigation and review by this office and the City's Claims Administrator, it is
recommended that the City Council deny the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
ATTACHMENT:
Copy of the Claim
cc: William A. Huston, City Manager
LOIS E. JEFFRI~ Y Y 0
I?$00~.1
AUG-~8-2003 17:27 CITY OF TUSTIN 714 ~Z bJ~ ~.~z/ub
CITY OF TUSTIN
FAX TRANSMITTAL
DATE: August 28, 2003
TO: Bambi Whitehead - Woodruff, Spradlin & Smart
Fa.)( IVO: ('714) 83..~-7787
FROM: f4arcia Brown, Administrative Secretary
FAX: (714)832-6382 Phone: (714)573-3026
Number of Pages (including this form):
Attached is a claim that was received in our office today.
Thank you.
CITY OF TUSTIN
RECEIPT OF CLAIM
Re .ceipt of Claim/Summons and Complaint by the City Clerk's Office:
Date:
Time:
By:.
,./P~Pemonal Service Upon the Undersigned
Regular Mail
Certified/Registered Mail -
City Clerk's Office
Office of the City Clerk
August 28, 2003
Alex Barrios
Ward North America. Inc.
P.O. Box 2422
Tustin, CA 92781-2422
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573,3026
FAX 714.832.0825
Re:
Transmittal of Document(s)
Claimant :Stephen S. Bartzett
City Claim No: 03-28
Filed With City: 8/28/03
X Receipt of Claim/Summons/Complaint
By: Personal Service
The enclosed records were presented to this office as indicated above and have been
referred to the appropriate City department for investigation and also to the offices of
Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are
authorized to commence the necessary investigation of this claim on behalf of the City.
We request that you give such notices as may be appropriate to the City's insurance
carrier(s) and further request that you submit your preliminary and all subsequent reports
to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so
request Upon receipt of advice from the City Attorney, we will plan to present this matter
to the City Council and/or take such other steps as are directed by the City Attorney.
A copy of this letter and enclosures were sent on August 28, 2003 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department,
Sincerely,
Marcia Brown
City Clerk's Office
C: City Attorney
Department
Finance Department (orig copies)
CLA'- )' IM C~TY OF TUSTIN )
AGAINST THE CITY OF TUSTIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6)
montl), s after the incident or event occurred. Be sum your claim is against the City of Tustin, not another
public entity. 'Where 'space is insufficient, please use additional paper and' identify information by
paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Tustin, 300
- Centennial Way, Tust~n, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following, claim and information relative to damage to person
and/or property:
e
a. NameofClaimant: S'I-~"~'/,~ fv/ S. .~ ~"~[_~' ~,
b, ' Address of Claimant:
c. C~ipCode:_. ~/ _~~ ~ ~ ~- ~'~ .
d.. Telephone Number: '
e. Da~ of Bi,h:
[ Social Secud~ Number: '
g.. DdverLicense Number:.
Name, telephone, and post office address to ~h[ch claimant desires notices to be sent (if other than
able): ~ ~- ~ ~~ '
~is ~ai~s subm~ed against:
a. ~ The Ci~.of Tusfin only.
b. ~ ~e follo~ng employee(s) of the C~ of Tustin only:
The City of Tustin and the following employee(s) of the City of Tustin only:
Occurrence or'event fTom'which the claim arises'._
a. Date: ~d VC~) I'~"-- ~.~0 ~
b. Time: C)..~.,~ "~"t ~ c-~ ....
c. Place (Exact and Specific Location):. ~b/~,.-~ i'xv)
How and under what circumstances did damage or injury occur?. Specify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional
./
AU~-~E)-~OB~ 17:28 CITY OF TUSTIN 714 832 G38~ P.OSX06
e. Wha pa~cular a~on b7 ~e C~, or ~ employees,
~i~~ ,i .... ,~rx~-~ , i~1~ ~,-~.,-~ v ~ ~ ....
~ive ~ de~c~pfio~ of the i~ju~, prop~ dam~ or loss so f~r know~
there were no injuries, ~ate "no injuries".
6. Oiv~me na~(s) of the ui~ emblO~oe(sj oausin9 ~he oamaBe or inj~: -- --
7. Name and address of any other pe ' '
-8. Name and address of the owner of any damaged proper~y:
a. ~unt claimed as of this date: ~ ~ ~ ~
b, EMimated amount of~tum costs~ ~u~ ~'-
o~ To~am~ntdamed: / ~. ~, ~r
d. A~ach basis for ~mput~n of a~°u~s claimed
estimates, etc.) . ~/~ ~ ~ d ~ ~g~
10, Names and addresses of all wl~esses, hospitals, doctors,
WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALSE ~LAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the same to be true of my
own knowledge, except as to those mat~ers stated to be upon information or belief and as to such matters I
believe the same to be true, I certify unde[ penalty of perjury that the foregoing is true and correct,
Date filed this day of ~, 20 ~
~CtAJM
C/TY OF
August I2, 2003
~ Mr. stepla~n Sanderson Baxlz~"
m~, s,~j~ot P.O. BOX 3~" '
.,. . ,~' F~I~'CA 92834
300 Centennial Way
Tustin, CA 92780
Direct; 714/575-$200
Fax: 7~4/~30-8027
www. TustinPD. Org
A zeview by the Onmge County District Attorney's OffiCe determines that there are
iast~dent grounds to pursue a criminal complaint agains~ you for the charges Usted
bdow:
Report Date:
Charge(s):
CR Number:
Cite Number
.luly 18, 2003
H&S 11364 - Possession of Paraphernalia
03-5310
As ~quired by the provisions of Pens! Code Section 851.6, I h~reb~ certii~i~e..'
taking imo oustody of the above was a detention only, pursuant to the provisions outlined
under Penal Code Section $49(c).
Sincerely,
st~v~ ]:os?~ . .: ;..~..
Chief of Police '. '~'.'.
MICHA~ SHANAHAN, Captain
Comm',~/er
lnvesiigaiions Division
SF'.MS'.Is
TOTAL P. 1~6