HomeMy WebLinkAboutItem 4.08 Wayne Robinson Claim CITY OF DUBLIN 1 -10 - 60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 27, 1986
SUBJECT Claim on Behalf of Wayne Robinson
EXHIBITS ATTACHED Notice of Potential Claim dated February 21, 1986
RECOMMENDATION Deny the claim and direct Staff to notify the claimant
and the insurance carrier .
FINANCIAL STATEMENT: Amount of potential damages is not disclosed.
DESCRIPTION The City received a notice of potential claim
submitted on behalf of Mr. Wayne Robinson on February 21, 1986 .
The attorney representing Mr . Robinson indicated that
his letter should be considered as notification of a potential claim. The
City Manager has had a review of the allegations conducted and informed Mr.
Robinson ' s attorney of that review. As the City Council is aware, Building
Inspection Services are provided through an independent contract with
Taugher and Associates .
Staff recommends that the City Council deny the claim
and advise the claimant and insurance broker.
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COPIES TO: G. Judson Scott, Jr. ,
Attorney for Claimant
Victor Taugher,
Building Official
Ben Fernandez,
Insurance Broker
ITEM NO. 7�• 8
41`3
FEB 2 i966
SMITH, ETNIRE, POLSON & SCOTT
A PROFESSIONAL LAW CORPORATION U77/ 0j: DUBLIN
LAWRENCE G. SMITH FOOTHILL PROFESSIONAL CENTER
GEOFFREY J. ETNIRE $820 STONERIDGE MALL ROAD. SUITE 200
EDWARD W. POLSON
G. JUDSON SCOTT, JR. PLEASANTON, CALIFORNIA 94566
JAMES J. PHILLIPS (415) 463-2850
NOAH SHERMAN
CLAUDIA W. MONTANTE
SHARON T. GRAY
PAUL S. BUNT February 21, 1986
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Richard Ambrose
City Manager
City of Dublin
P. 0. Box 2340
Dublin, CA 94568
Dear Mr. Ambrose:
j
We represent Wayne Robinson and Wayne Robinson Co. The
purpose of this letter is to bring a serious matter involving
Robert White, the City Building Inspector, to your attention
for appropriate remedial action.
on February 13 , 1986 , Mr. Robinson was telephoned by
Mr. White regarding the reinspection of property located at
7777 Castilian Road in Dublin. During the telephone conversation
Mr. White accused Mr. Robinson of violating building codes and
criminal conduct and threatened to turn the matter over to the
local District Attorney for criminal prosecution. All of this
conversation occurred in the presence of Mr. Robinson ' s business
client, Mrs . Athey.
In actual fact, Mr. White was flatly incorrect in his allega-
tions and was totally out of line in threatening Mr. Robinson with
criminal prosecution. In actual fact, the inspection he was
referring to had been previously completed on September 10, 1985 .
A copy of the inspection record, apparently signed by Mr. White,
is enclosed with this letter. You will note that there is no
notation on the building inspection record to give it any indica-
tion that this was any sort of partial inspection or that the
work was to be held open pending any further inspections . More-
over, a structural pest control inspection. was made on August 23 ,
1985 , which documented the work to be performed, and which work
had been completed and inspected by Mr. White during his September 10 ,
1985 inspection. Moreover, the repairs to the property were also
inspected by Scott Amarant, a licensed general contractor, and
Mr. Richard Ambrose
February 21, 1986
Page 2
certified to be correctly performed per his letter of September 13,
1985, a copy of which is also enclosed.
As you can imagine, these false and slanderous accusations
against Mr. Robinson in the presence of his business client may
have been extremely damaging to his professional reputation and
his business relationship with that client. Mr. Robinson has
not yet decided whether to pursue a claim against the City of
Dublin for this malicious, unjustified and tortious conduct,
however, this letter will also constitute our notification to the
City of this potential claim pursuant to the applicable provisions
of the Government Code. Mr. Robinson ' s eventual decision as to
whether or not to pursue further legal action will depend, in
large part, upon the remedial and disciplinary action undertaken
by the City against Mr. White. Accordingly, please contact the
undersigned within 20 days to notify us what action has been
undertaken by the City of Dublin to discipline Mr. White and to
ensure that such abuses do not ever occur in the future.
Very truly yours ,
SMITH, ETNIRE, POLSON & SCOTT
A Professional Law Corporation
G. Ju' n Scott,, Jr.
GJS/sn
Encl.
cc : Wayne Robinson