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HomeMy WebLinkAboutClaim #712 - M. RamosX-C CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#712) BY MALAQUTAS RAMOS IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: October 11, 2012 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 712 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Background Based on a review of the subject Claim and the recommendation of the Claims Adjuster, Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected. Discussion of this item should be held in Closed Session pursuant to Government Code Section 54956.9(b), potential litigation. Submitted by: Ap -t v . Ce' RA HELLE D. KLASSE , MMC HN M. WOHLMUTH CITY CLERK C Y MANAGER CITY U CILACTION rdk APPRO D ✓ DENIED Attachments(as noted) RECEIVED oTHER MEETING DATE AYES: n'4�r,)oncnl NOES: L )Qe- ABSENT: 1\1 M e-- ABSTAIN: W o L VERIFIED BY: Original on File with City Clerk's Ice I I I y of PRIM 73-5 to FRrD WARING DR1Vr PALM Diisriur, CALIFORNIA 9226o-2578 TEL: 760 346-o6 i i i n fo(a)c i tyo fpa I mdesc rt. or}; TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, HUMAN RESOURCES MANAGER, RISK MANAGER FROM: CITY CLERK DATE: SEPTEMBER 5, 2012 SUBJECT: CLAIM NO.712 -CLAIM AGAINST THE CITY BY MALAQUTAS RAMOS IN AN UNSPECIFIED AMOUNT The attached Claim No. 712 is being transmitted to you for the following: ❑ Information only. or Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by October 5, 2012, for timely response to the Claimant. Note: If there is a current project or contract that may be referenced in this matter, please let me know or provide me with the appropriate materials. RACHELLE D. KLASSEN, MMC L' CITY CLERK Attachment (as noted) i P414Il00Y P((f<aO PAPH X/V/e 2012 SEP 12 AM 10: 44 September 9, 2012 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim Claimant D/1 vent Rec'd Y/Office Our File Ramos vs. The City of Palm Desert Malquias Ramos 3/6/2012 9/6/2012 S-1763445-PMQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. cc: C.1PIA w/enc. Attn.: Executive Director Very truly yours, CART. WARREN & COMPANY Ric rd D. Marque COPY TO core P AW DATE �. C C Klassen, Rachelle From: Greenwood, Mark Sent: Tuesday, September 11, 2012 9:42 AM To: Klassen, Rachelle Subject: Claim No. 712 Rachelle, It is recommended that Claim No. 712 be denied as the claimant has filed a Workers Compensation Insurance claim, and the matter will be resolved through that process. Mark Greenwood, P,E, Director of Public Works City of Palm Desert 73- 525 EL PASEQ, SUITr L: 251Cs CITY OF, PALM DESERT PALM IDrmu, CA 92260 � `..:.,..., . ASSIGNEQ CJA1M N0. f'. "rf"1'T lm T A %r ATTORNEYS AT .LAW 817TH SNIT", L, WF,'15MAN OFFICE: (760) 674-0998 CETI,:(fiS4)603.07t5 FAX: (760) 674.-0925 EMAIL: STePHANlr3.(41A.NDERHOl..TWt3l'rTAKER.CQTA FACSIMILE TRANSMISSION To: NAME FAX PHONE Rachelle D. Klassen, MMC 760-340-0574 SENbER: Stephanie L. Weisman DATE: September 5, 20'12 TIME: No. OF PAGES, INCLUDING COVER:f�j RE: Claim Against the City of Palm Desert FILE: MESSAGE: ro s A_ - =1 �r =rrn O r*x =vim -4©Q r > n' rn CAUTION - CONFIDENTIAL: THE DOCUMENT BEING TELECOPIED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTORNEY-CLIENT/WORK PRODUCT PRIVILEGE. It is -intended only for the person to whom it is addressed. If you are not the intended recipient or an authorized agent, then this is notice to you that dissemination, distribution or copying of this document is prohibited. If this was received in error, please call us at once and destroy the document. IF YOU EXPERIENCE ANY DIFFICULTY WITH THE QUALITY OR COMPLETENESS OF THIS TRANSMISSION, PLEASE CALL CHRISTINA L. DE LEON AT (760) 674-0998, EXT. 304. ✓�f u✓t mutt tU. ✓ I ! UVV f YV JLJ rrnar_ G'4t rJ:I CLAIM AGAINST THE CITY OF PALM DESERT (For Damages) to Person(s) or Personal Property) Received by: via: U.S. Mail _ interoffice Mail Over -the -Counter CITY OF PALM DESERT ASSIGN5D CLAIM NO,,_lLf2 A CLAIM MUST BE FILED WITH THE CI MERK OF THE CITY OF PALM DES,M_T WITKW 5LX MONTHS AFTER WHICH THE INCIAENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PLI13LIC ENTrrY. WHERE SPACE IS INSUFFICIENT, PLEASE USE ADI)MONAL RAPER AND IDENTIFY INFORMATION BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK CITY OF PALM DESERT Z3-VO FRED WARING DRIVE PALM DESERT. CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s) and/or personal property: 1. CLAIMANT INFORMATION: NAME � � G ,(A 1 !lt �.GtYYt aS AADDRESS� S PHONE NO. -- - DAT7'nF BIRTH: SOCIAL SECURITY NO. � DRIVER'S I.at.,cN6E NO- 2. Dame, telephone number and post office address -to which claimant desires notices to be sent : , if other than above 3. Occurrence or event from which the claim arises: Cagy,(& se C4k-ouc 4 v2A. C.r lGLi vn a• DATE: b. TIME; c. PLACE (exact and specific location d. How and under what circumstances did damage or Injury occur? Specify the particular occurrence, event, act or ommis 'on you claim caused the injury or damage. (Use additional paper If necessary.) .moo—��n �,-1�i.r•�.' ._..-- _ e. What partlar action by the City, or its ,employees, caused the alleged damage or Page I of 2 /bOb lob l:C's 7E0-360 9432 p•2 9. 10. I►, PAGE 92/ R2 ac tine'nQ0'>teAnesa, GWIP aiM% inj�NYr darhxge, or .toss incurred so star as it m,aX be mown at the tlrne of Injusles, artate'%o ln}urles►►: ��} � �vn on cal��e Cie m. I there w¢re nQ Glve t xmeis) of the City wnploXft(g) causpng the damage or injucyt Name and address of any other person(s) .In)ure(tt Nnrne .end cu40v e* „s -k- Drlmages claimed:.p„��..32L. e- A,mtlunt claimed as of rids date: b. Estimated amount of A.isure casts: ". TOM) RT71OUM c9aune at --- -- d. masks ur cowp natjon 01 a,mounia clQlrncd xltrde copies all bllla, nYoiCea, estimateu, etcl� Vtarnes and addresses ad all wltr:esses, hospis,als, dactacA, &nc; Any additional jorarM&tion, kIcludin,g pWlce re brts wttioh ml hr be hep l felt in considering this claim►: .. r��. f�rl�adfi ;., $ INSURANCE CiE3i YA: ). 1 haws, teald •tha rhat aro and etntetr",e..ra., I.. Ar shis *be" ^�..�rr1, Anct i ra uw the same GO � R7'Ll@ GTI My own kn 910 a t a rs.rta". 1m n �nfriNr,,.«r......., 0-91_s -- CORRECT. - .•- -- a"�C' ��R2 �tos �r°s�i�j ur�di er Penalty obi pes)ury that the ,foregoing is TRUZ- A!'�1D Sig�ne►►M1M1dthis // _ day of ' 20 G2, et G AT4,rWQV CLAIMANT 4:ffice of the CATY CJerk, Palm Desert, California DOC. NO. _ ' DATE FILED Rage 2 Qf 2 _' I M\dC U`Y7 UJ 1 2 3 4 5 6 7 8 91 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROMAN M. WfiTTTAKER, Bar No. 202406 STEPHANIE L. WEISMAN', Bar No. 274043 ANDERHOLT WHITTAKER LLP 73-525 El Paseo, Suite E=2516 Palm Desert, California 92260 Telephone: (760) 674-0998 Fax: (760) 674-0925 Attorneys for Claimant MALQUTAS RAMOS M, .A,LQUTAS RAMOS, an individual, Claimant, V. CITY OF PALM DESERT; and Does 1 -10 inclusive, Respondents. GOVERNMENT CLAIM FOR PERSONAL INJURIES PURSUANT TO GOVERNMENT CODE §910 GOVERNMENT CLAIM OP MALQU AS RAMOS I TO THE CITY OF PALM DESERT AND iTS ATTORNEYS: 2 1 • You are hereby notified that MALQUTAS RAMOS ("RAMOS"), whose address is 3 , claims damages from the CITY OF Pi.kf M DESERT 4 ("CITY") in. the amount, computed as of the date of presentation of this claim, of at least 5 $200,000. 6 2. This claim is based on personal h..ijuries sustained by RAMOS in or about April. 7 2012, in, the County of Riverside, State of California and on circumstances including, but not 8 l.inuted to, the following: 9 a. Both RAMOS and CARLOS HE",RNANDEZ (".HERNANDEZ") started working 10 in the same Department for the CITY in the same year — 1986. Th ouglaout their tenure with. the 0 N 11 CITY, both RAMOS and. HERNANDEZ were offered promotions to supervisory positions. F a 12 RAMOS declined those promotions, while HERNANDEZ ultimately accepted a position which 00 W 13 led to co-worker HERNANDEZ, becoming RAM..OS's supervisor in early 2000. W W 14 b. In late 201.1, RAMOS and another employee complained to HERNANDEZ's LnA 15 su ervisors, including Mark Greenwood r, p g (Director of Public WorlcsA. ), City Manager (John 16 Wolmuth), Human Resources Director (Laurie Carney), and Chairman of Palm Desert Ernplayees 17 Organization (Ron Tucker), about unsafe work place practices in their department that 1.8 HERNANDEZ would not .remedy. RAMOS and the co-worker also complained to those same 19 1 persons about an increasingly hostile atmosphere in their department, due to the supervisory style 20 of, and treatment of subordinates by, HERNANDEZ. 21 C. After those complaints were made by RAMOS and a co-worker, RAMOS endured 22 increased hostility and humiliation from HERNANDEZ, in retaliation for RAMOS's protected 23 activity, including reports of unsafe work. conditions and the hostile work environment to the 24 HERNANDEZ's superiors. 25 d. The retaliatory acts culminated on. March 6, 2012. On that date, the CITY, without 26 warning or explanation, designated to .RAMOS a new Parking Stall, located farther lrom his work 27 place and remote from others who had similar. seniority. 28 e. Upon infon-nation and belief, HERNANDEZ and Isis superiors arranged .for. 1 GOVERNMENT CLAIM OF MALQUTAS RAMOS rMUt YJb/ YJ7 1 RAMOS's parking stall to be taken from him, and for the new Parking Stall to be assigned to 2 RAMOS in order to put RAMOS "in his place." Because RAMOS and HERNANDEZ had the 3 same tenure and seniority with the CITY as its employees, and RAMOS bad previously been 4 provided the prestigious parking place as a result of that seniority, the CITY's elimination of th..e 5 employment benefit was a form of informal demotion and retaliation for his protected activity. 6 f. Following this March 6, 201.2 event, RAMOS's health deteriorated dramatically 7 and he determined that he his health would be impaired further if he continued to work in 8 HERNANDEZ's department, where RAMOS bad worked for 26 years. As a .result of his sudden 9 decline in health., he was required to seek.Faxtily Medical Leave and took leave from his job at 10 the CITY beginning on or about April 26, 2012. 0 N N 11. g. As a result of the CITY's treatment of RAMOS, RAMOS suffers from. extreme ao 12 emotional distress and was diagnosed with stress -related high blood pressure, depression and o 1.3 anxiety that rendered him incapacitated, such that he could not perform, and has not yet been able a x w W l.4 to continue to perform, the requirements of hi.s position with the CITY, according to the medical WNO a 1� 15 o uni.ons of his treatment providers. 16 h. On or. about April 26, 2012, RAMOS began seeing therapist Kelly Lewallen, 1.7 .LMFT, located at 44672 Monterey Avenue, Palm. Desert, CA 92260. Shortly thereafter, RAMOS 1.8 began seeing psychiatrist Dr. Shashito Inamdar., M_D, Ph.D DAPB, located at 9255 Towne Centre 19 Drive, Suite 810, San Diego, CA 92121. RAMOS is currently prescribed Glipzide, A.bilify; 20 Escitalopram, Trazodone, and Siinuastatin. 21 3. The name of the public employee causing RAMOS's injuries under the described 22 circumstances is CARLOS HERNANDEZ. HERNANDEZ irtton. tionally inflicted emotional 23 distress on RAMOS, in his position of authority as RAMOS's supervisor. Other CITY 24 employees who participated in the decisions to demote and/or retaliate against RAMOS, reduce 25 his employment benefits by eliminating his previous parking stall, inflict emotional distress on 26 RAMOS, or ratify any of such conduct, including but not lira ted to Mark Greenwood (Director 27 of Public Works), City Manager (John Wolmuth), Human Resources Director (Laurie Carney), 28 and Chairman of Palm Desert Employees Organization (Ron Tucker), are also public employees 2 GOVLRNMFNT CLAIM OF MALQCJIAS RAMOS UJI UJ/ LU.L4 LU. Jf 1UU0f4UJ4J 1 "U. Uf / UJ 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14. 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 responsible for RAMOS's injuries. CITY employees are responsible for. intentional and/or. negligent infliction of emotional distress, as well as other tortious conduct. The CITY, through its employees' conduct, is liable to RAMOS for failure to prevent harassment, negligent supervision of employees who engaged in harassment and retaliation, retaliation against RAMOS for engaging in protected activity, and other torts or unlawfid conduct. 4. The injuries sustained by RAMOS, as far as known, as of the date of presentation of this claim, consist of extreme emotional distress with resulting stress -related high blood pressure, depression and anxiety, These injuries required RAMOS to take Family Medical Leave and require birn to continue to stay off work indefinitely, according to W..s physicians' medical opinions. 5. The amount claimed, as of the date of presentation of this claim is computed as follows: Damages incurred to date: Expenses for Dr. Sbashita $750.00 Expenses for Dr. Allen $85.00 Expenses Kelly .Lewallen $1,475.00 Prescription Medications $1,747.92 Loss of Earnings At Least $1.6,000 To Date Special Damages for Mileage to and from San Diego at $0.55 per mile (268 miles .roundtrip) $442.20 Attorney Fees At Least $1. 0,000 To Date Estimated prospective damages as far as known: AT LEAST $28,752.20 Future expenses for medical care Approximately $880.00 per month 3 GOVERNMENT CLAIM OF MALQUTAS RAMOS F'AGE 08/09 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Future expenses for prescription medication �er At Least $873.96 per month Future Loss of Earnings Unknown at this Time Loss of potential .retircm.ent and other employment benefits Approximately $3,500 or more per month Special Damages for. Mileage to anal from San Diego at $0.55 $1.47.40 per month per mile Other Special Damages Unknown at this Time. Prospective general and exemplary datna.ges At Least $150,000 Attorney Fees and Costs of Lifigafio4 if necessary Unknown at this Time, Total amount claimed as of elate of presentation of this UNKNOWN AT THIS claim TIME Total estimated prospective damages AT LEAST $200,000 6. The witnesses to this incident .include, but are not limited to: Abel Zaterian, City of. Palm Desert, Gerry Zaterian, City of Palm Desert, Rl'onda Herderson, ; Sergio .Rosas, City of Palm Desert, Cyril Snake, City of Palm Desert, Jose Ramos, City of Palm Desert, Ron Tucker, City of Palm Desert, Jessee Padilla, City of Palm Desert, rran.cisco Torres, City of Palau Desert, Shawn Kilpatric, City of palm Desert. Daniel Lopez, 4 GOVEILNMENT CLAIM OF MAUQUTAS RAMOS I MULL U J/ U J 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 1.9 20 21. 22 23 24 25 26 27 28 John Wolm. uth, City Manager, I Captain Saul, Citizen. on Patrol, Ray Alzulda, Park House Tire, J.C. Valley Welding, Marls Greenwood, Public Director, Marcos Zamudio, City of Pahrn Desert,,, Sergio Sernanigo, City of Palm Desert, "- Ernesto Navarete,.City of Palm Desert, 7. All notices or other communications with ,regard to this claim should be sent to RAMOS's legal counsel, Roman M. Whittaker, Esq. at Anderh.olt Whittaker LLP, 73-525 El Paseo, Suite E-2516, Palm Desert, CA 92260. 8. Claimant reserves his right to amend this Claim as tn.ore information is discovered or more losses are incurred. Dated: September 5, 2012 :gy: LT ROAN M. WHITT, Attorney for Claim,-mt MALQUTAS RAMOS 5 GOVERNMENT CLAIM OF MALQUTAS RAMOS