01-17-2006 - Dawn Ehlers vs. City of West Covina• • City of West Covina
MEMORANDUM
TO:
SUBJECT:
Andrew G. Pasmant, City Manager
and City Council
Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. D-2c
DATE January 17, 2006
DAWN EHLERS VS. CITY OF WEST COVINA
RECOMMENDATION:
It is recommended that the monetary loss claim of Dawn Ehlers be denied and the claimant be so
notified.
DISCUSSION:
This claim arises from allegations that a City employee provided misinformation to claimant
regarding the requirements for making a reservation for a picnic shelter at Cortez Park. As a result
of this misinformation, claimant alleges that on July 10, 2005, her family was forced to vacate the
shelter and move her son's birthday party to another park location that was unsuitable for her party.
Claimant is seeking reimbursement for the entire cost of her party the amount of $357.73.
Investigation by the Community Services Department does not substantiate liability on the part of
the City. Staff recalls providing information to claimant regarding making a reservation for the
shelter at Cortez Park; however, claimant did not complete the required reservation forms or pay
the fee required to reserve the shelter. Subsequent to claimant's inquiry, the shelter was reserved
and the required fee paid by another family to reserve the shelter on July 10, 2005. When City staff
arrived at the park around 5:00 a.m. on the morning of July 10'', they removed signs and tape that
claimant had hung the night before and replaced them with the City's reserved signs and tape
indicating the shelter was reserved. However, claimant arrived at the park early on the morning of
the 10t' and removed the City reserved signs and set up her party. Later in the morning the party
that had reserved the shelter arrived and claimant refused to vacate the shelter. At some point, the
police were called to intervene. Since it was clear to the officers that the shelter had been properly
reserved, claimant was forced to move her party to another park location.
After a review of the investigation in this matter, staff and the City's claims administrator, Ward
North America, Inc., determined the City was not negligent and recommend denial. In fact, the
City itself was forced to incur indirect costs in the form of the police response that was necessitated
by the claimant's refusal to relinquish the premises to the party that had rightfully reserved the
shelter for that day.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
FISCAL IMPACT:
Claimant is seeking damages in the amount of $357.73 which staff is recommending be denied.
Prepared by:
Debbie Dominguez
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager