HomeMy WebLinkAbout04 CLAIM OF JOE WILLIE TURNER, JR. (07-18)- • Agenda Item 4 ~= ~~ ~\' * AGENDA REPORT Reviewed: .., ~, ~~ ~~~ City Manager ~- ~___. Finance Director MEETING DATE: JULY 17, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RON NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO. 07-18 SUMMARY: At the request of Council, this item was continued from the July 3, 2007 Council Meeting. 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. Ronal A. Nault Finance Director CLAIM AGAINST THE CITY OF TUS~~ IN (For Damages to Person or Personal Property) Received Via: ^ U.S. Mail ^ Inter-Office Mail ^ Over the Counter TimesGhTpY OF TUSTIN Clai~}~d: 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 filed no Eater 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: r-- Name of Claimant. 0~ ~ ~ ~ / U('1-~Pf Home Address: ~-~ ~ Home Telephone: ~ Work Telephone: ~ ~~ ~ 2. Post Office address to which the person presenting the claim desires notices to be sent: (1f 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. Date of Occurrence: VUL ~~jf ~ ~~ ~ ~ Time of Occurrence: Q~arWJ g• - M, Location: j '~~~- ~f ~ ~+~ ~ ~ 1 Circumstances giving rise to this claim: nN~ ~, '~; Me ~/ ~~ QJIN ~~~i~, l~ I ~ LL /~~~ ~o G ~w T~o~ ~ _e p*-d ~ ~ ~~D~s~ ~ -x• , ~ ~ St~~ u-~ v Nc. ca~(~a~ ~ ~5 o ae. o~~ 3Sa ~ bG+~• ANA ~..~ ~~~~ ~~~~ (~ ~ D 1"'v ':!l 1t f 'iJ~'~ ~" N t1 ~L. Sf~I r I~ ~~r ~ rN Ywl~-~Il.~. (..i ~-.il~(~r J 'r - ,L,~%' ,~ wo.r- IJP '~°~a +n-- na ITC ~~n~C' 4- • W~~ ~ ..~ T~A+e fiat~C oJerp ~~ '~-o '~~n:~S..T ~o'~,~ ~.•3 ~~;~- S-rP ~ ~1t'C a L, pF~~~GK,°u~l ~ A ~~t B~ .~ FNS c+~T n•y c~~~S iR1~c°j'e- 4. General d scription of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.l~Cm; 1 ~' ~L~ Ur-~1llKQ~1~~ , ~ . r - ;~'.t ~Cv~bc'K. (' o ..`' P_ ~ 'J ~ r' N i ~'1~ S ~ ~ ~`~ S 0 Nl~ ,~ L~+~ ~ 1 '~. ~ f"1 ~`.~S~l'~ ~ {~t~f C~-~ c"?~"^~t' (+S~ ..~J4q-i- L~C~ Page 1 of 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. I ~~ ~ / , ' 6.~ ~ ~ If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousa dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future inju damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation the amount claimed (include copies of all bills, invoices, estimates, etc.) _ ~`~- ~,~ Amount Claimed and basis for computation: ~ ~~~ ~~ P ~yflb ~ ~ ~ ~ ~ .~MvSs 'tx7 `~I r If amount claimed exceeds x10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do ~ provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil ca A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does i exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCF 86.) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government C~ §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, 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 cl~ arises: 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephc number of any doctors or hospitals providing treatment: ~~I~A !f 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 MakelYear: 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 CitylAgency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw CURB City/Agency Vehicle; location of City/Agency vehicle at time c accident by "A-1" and location of yourself or your vehicle at th 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 proper diagram signed by claimant. SIDEWALK CURB -3, '// Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may see to recover all costs of defense in the event an action is filed which is later determined not to have been brought in goy faith and wjth,leasonable cause. ~ Signatur ~~. , Date: D ~ ~ ~D~ PARKWAY Page 3 of 4 { • ~ EDMUND G. BROWN JR. ~ State of California ~~i, Attorney General DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEME>\ P.O. BOX 82021 SACRAMENTO, CA 94203-02~ Public: (916) 263-48. Facsimile: (916) 227-37i Joe Willie Turner May 8, 2007 ~: ~~pt Confirmation for Firea~rrn(s~-rip°rted as either C}ueration of Law. Intrafam~lial Z'ransf r, ox Law E,ntorcement 1~'irearm Release - Dear 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): ~{E MODEL SERIAL NUMBER CALIBER BRO 425 0045 A firearms eligibility check has been completed confirming your eligibility to possess fuearms. 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 lettex 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 05-5555 Sincerely, EDMUND G. BROWN JR. Attorney General STEVE BUFORD, xogram anager Bureau of Firearms CITY OF TUSTIN 300. Centennial ~ June 4, 2007 Chief of Police (7J4) 573-:3300 Administration (714) 573-3306 Mr. Joe Willie Turner 17252 Medallion Avenue Community Res. x714) 573-3285 Tustin, CA 92780 Tia/flc Section r714) s73-3119 Dear Mr. Turner: Tustin, CA 92~ Direct: 714/573-3~ Fax: 714/730-8t www. TustinPD. Communications (714) 573-3225 As a result of your conversation with Lieutenant C. Celano on May 10, 2007, we Records 6ureat, have conducted. an in-depth inquiry as to the status of the guns booked for x714) s73-3201 safekeeping in July 2005. tTPD CR#05-5555) lnvestiga bons (7J4) 573-3240 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 g you. This notice also alerted that the guns would only be retained for 120 days. office of Proressiona/ A second courtes reminder notice was forwarded to ou in Februa 2006. The Standards & Training Y Y ry (7J4) 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, L~ /~ SCOTT M. J DAN Chief of Police SMJ:cs y~.~./w!_ lfri s~wnr - /verwr..~ ~~.rillirii ~ ^odicatio,, _