HomeMy WebLinkAbout07 CONS OF CLAIM OF JOE W. TURNER (07-18) 07-03-07Agenda Item 7
Reviewed:
A ENDA REPORT Cit Mana er
G y g
~~ ~;
. ~ ~ ~'' Finance Director
MEETING DATE: July 3, 2007
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO. 07-18
SUMMARY:
The Claimant reported that he turned in three weapons (firearms) for safekeeping purposes to the
Tustin Police Department. He was informed that a State Justice Department release was needed
to re-claim the weapons and stated he sent in the forms and fees on time but the processing took
over a year. After he received his eligibility, he found the firearms had been destroyed and he is
asking to be reimbursed $2,775.00 for the loss of his property.
RECOMMENDATION:
That the City Council deny Claim Number 07-18, Joe Willie Turner, Jr., and direct Staff to send
notice thereof to the Claimant's attorney.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator has determined that City of Tustin personnel acted lawfully and
within policy in the destruction of the Claimant's property. Mr. Turner was sent the required written
notices to contact the Police Department to claim his weapons, and he had ample opportunity to
advise them if his paperwork was delayed at the Department of Justice. As he did not respond in
the time frame allowed nor request an extension if one was needed, this Claim is being denied.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-18
ConsiderationOfClaimOfJoeWillieTurner. doc
LLAIM AGAINST THE CITY OF TUS~~ IN
(For Damages to Person or Personal Property)
Received Via:
^ U.S. Mail
^ Inter-Office Mail
^ Over the Counter
Times{ahTpY OF TUSTIN
clai~}~Td:JUN - 8 A I I ~ 41
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the City of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be fled no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Government Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City-may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
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Name of Claimant. 0 ~ ~ ~ ~ ~ j U('t~P~
Home Address: a-~~- FYI e.~ L(a~*~ c~Tl-J QL.. ~7g
Home Telephone: ~ l l{ ~~ /9 ZZ Work Telephone: ~j ~-~ °~~~ ' 77 ~
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Telephone:
Post Office Address:
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
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Date of Occurrence: ~uL ~~~ ~ ~~ Q ~ Time of Occurrence: Q~rwwJ g~ - nn,
Location: ~ '~~~- h/I .~, LL.~~ l~ ~.
Circumstances giving rise to this claim: ~N~ ~, ~M~ ~/ rf ~t~'S QJIN ~~~~ti~, l.~
,,x" , ~~ ~ S~'~ Utz U +~~. C'a~~br~t *~" 7 J a aQ- nc~!-~ ~ bc-~ ANa ~..~' Wc'r~
~P~~' w.~c- -.)P~ '~"~a ' tr+~- n1 , il~C t'~~~~, ci<. - L,/C/~ ~ p•~ l ~n+e ~~ta:~~ o~Je!~p i-~'c~
~.o `t !'~~e~..3~ "Ta~~ ~J ~pL.ti.~'~~-S`rp ~ .~Tt~'Caf~~C'~,.PAr~~k'v`l+~ ~° ~jtgf •Z~N~ ~vr h+y c~~~`iY~k°'~-
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. ~~~'1~
c~ c~~t C'r~r~~*~'. ~~"~ . ~, ~'.~ ~ct~~c-r`- cA:~- ~~ ~ ~ Ni h~ s~>~- ~ eL~ s ~Nb,^~t~ ~ ~
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Page 1 of 4
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5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
6.~ ~ . .I~ amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousanc
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation o
the amount claimed (include copies of all bills, invoices, estimates, etc.)
~~
Amount Claimed and basis for computation: - ~-- ~ ~3~ ~~~~ ~ynb ~ ~~~ ~~~
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do no
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does nc
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP ?
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government Coc
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, tl
Ci of Tustin re nests that ou answer the followin uestions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the Clair
arises:
8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephon
number of any doctors or hospitals providing treatment:
t`~ I ~A
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street comers. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
CURB
CURB ~,
--
PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seeN
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in gooc'
faith and with.teasonable cause.
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Signatur ,
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Date: D~ ~ ~D~
Page 3 of 4
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4 State of California =~~ o
EDMUND G. BROWN JR. DEPARTMENT OF JUSTICE
Attorney General
DIVISION OF LAW ENFORCEMENT
P.O. BOX 820200
SACRAMENTO, CA 94203-0200
Public: (916) 263-4887
Facsimile: (916) 227-3763
Joe Willie Turner
17252 Medallion Ave
Tustin, CA 92780
May 8, 2007
RE: Receipt Confirmation for Firearm~sl reported as either Operation of Law, Intrafamili
Transfer or Law Enforcement 1~'irearm Release -
Deaz Joe Willie Turner:
This is to acknowledge that the Department of Justice has processed your request and has
made an entry into the Automated Firearms System for the following firearm(s):
MAKE MODEL SERIAL NUMBER CALIBER
BRO 425 425PM03512 0380
CLT Commander CLW041143 0045
A firearms eligibility check has been completed confirming your eligibility to possess
firearms. If this is pertaining to a firearm being held by a law enforcement agency, the agency
may return the firearm to you only if you present this letter to the agency within 30 days of the
date on this letter. If you have any questions concerning this information, please contact the
Bureau of Firearms at (916) 263-4887.
Tustin PD
OS-5555
Sincerely,
EDMUND G. BROWN JR.
Attorney General
STEVE BUFORD, xogram anager
Bureau of Firearms
o~
June 4, 2007
Chiei of Police
(714) 573-3300
Administration
(714) 573-3306 Mr. Joe Willie Turner
community Res. 17252 Medallion Avenue
(714) 573-3285 Tu$tin, CA 92780
Traffic Section
(714) 573-3219 Dear Mr. Turner:
Tustin, CA 9278
Direct: 714/573-320
Fax: 714/730-802
www. TustinPD.O~
Communications
(714) 573-3225 qs a result of your conversation with Lieutenant C. Celano on May 10, 2007, we
Records Bureau have conducted an in-depth inquiry as to the status of the guns booked for
(714) 573-3201 safekeeping in July 2005. (TPD CR#05-5555)
Investigations
(714) 573-324° Our records indicate you were notified in November 2005 of the need to obtain
Property/Evidence clearance from the De artment of Justice before these uns could be returned to
(714) 573-3232 p 9
you. This notice also alerted that the guns would only be retained for 120 days.
Office of Professional A second courtesy reminder notice was forwarded to you in February 2006. The
Standards & Training
(714) 573-3189 guns were destroyed per department policy in April 2006, after no response was
received from you. It has now been over one year since the destruction of the
weapons in question and your last contact with this agency.
In summary, our inquiry has revealed the guns were destroyed within policy and
time frames established by law. and mandate, and that all proper notifications
were made prior to the destruction. I am sure you can appreciate that the
massive amount of property and evidence processed by the Police Department
simply does not allow us to maintain items past the mandated time frames.
It is unfortunate your letter of approval :from the Department of Justice has
arrived approximately one year after the weapons were appropriately and lawfully
destroyed.
If you still have questions, please contact Lieutenant Charlie Celano at (714)
573-3392.
Sincerely,
~'
SCOTT M. J DAN
Chief of Police
SMJ:cs
CITY OF TLJSTIN
300. Centennial Wa
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