Hanson John v. City of Carmel Claim

8/12/2019 Hanson John v. City of Carmel Claim

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CITY OF C A R M E L - B Y - T H E - S E \ ; ~ .BOX CCCARlv1EL-BY-THE-SEA CA 93921

RE EI\lELiDE 72 13

CLAIM FOR DAMAGES AGAINST THE CITY OF CARMEL-BY-THE-SEAPursuant to Section 910 of the Government Code of California, the following claim for damages issubmitted:1. Name and mailing address of claimant:John Hanson c/o Law Offices of Michael W. Stamp

479 Pacific Street Suite One Monterey CA 939402. Mailing address to which claimant wishes notices sent:Same as above.

3. Date, Place and circumstances of the occun-ence or transaction giving rise to the claim:See attached incorporated herein.

4. If you are filing a claim for bodily injury, please provide the following:Date of Birth: on file with City; confidential Social Secmity u m b e r ~ with City; confidential

5. General description of the indebtedness, obligation, injury, damage or loss incuned, so far as isknown to claimant.See attached response to Item 3 above and attached.

6. Amount claimed:A. If less than 10,000, state the amount$-- ----------....,--;-;--B Ifmore than 10,000, is it more No:

Dated: December 17 2013IMPORTANT CLAIM MUST BE SIGNED BY CLAIMANT OR BY SOME PERSON ONCLAIMANT'S BEHALF (GOVERNEMENT CODE SECTION 910.2)

S Drive: City Hall/Data/ FonnsiRisk ManagemenUClaim for D m n a g r ~ < > Jan 2010


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1 Claimant John Hanson has been employed continuously by the City of a r m e l ~2 by-the-Sea since October 16 1988 (25 years). Mr. Hanson was first hired by the City in3 1988 as Equipment Operator and over the years he was promoted several times. Mr.4 Hanson has worked in the Building Department since 1997, and his previous titles were5 Building Maintenance Specialist, and Building Inspector. In 2007, he became the City6 Building Official.7 Throughout his 25-year career with the City, Mr. Hanson performed his duties in8 an exemplary manner and was frequently commended for the high quality and9 professionalism of his work. Mr. Hanson always received positive reviews and was

10 never subject to criticism, reprimands or discipline. Since 2007 Mr. Hanson was also a11 reserve police officer with the City's Police Department. Additionally, Mr. Hanson has12 been with the Army National Guard from August 1998 to August 2013, which13 occasionally required periods of absence from City employment, including tours of duty14 in the war zones of Iraq (2003-2005) and Afghanistan {2009-2010).15 As of 2007, Mr. Hanson was a permanent public employee with the City's16 Building Department, and held a Constitutionally-protected property interest in his17 continued employment. In 2007, the City Administrator approached Mr. Hanson about18 a City demand that Mr. Hanson give up his protected property rights and submit to a19 written employment agreement drafted by the City. Mr. Hanson was not advised that20 he was being required to relinquish his protected employment rights, that he was being21 required to give up his due process rights, and that his legally-protected status with the22 City was being effectively revoked. The employment agreement drafted by the City23 was internally inconsistent and one-sided and advised Mr. Hanson that he had no24 employment rights, while at the same time advising him that he was a contract25 employee with rights specified in the written contract. The City did not advise Mr.26 Hanson that he was giving up valuable employment rights at the City's insistence that27 he do so. Mr. Hanson did not make a knowing and voluntary waiver of his property28 rights, his rights by ordinance, his due process rights, and his right to a hearing on all

JOHN HANSON, CL IM NT NOTICE OF GOVERNMENT CLAIM


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1 matters related to his employment with the City. At the same time, the City purported to2 deprive Mr. Hanson of his rights to compensation for his losses. Mr. Hanson became3 the City s Building Official in 2007, and the City repeatedly stated and ratified Mr.4 Hanson s status as a permanent employee with the title of Building Official.5 Beginning in March 2013, and leading to unlawful action taken against Mr.6 Hanson in August 2013, the City undercut Mr. Hanson, interfered with his performance7 of his duties, and misrepresented his work. The incidents giving rise to this claim show8 a course of conduct whereby top City administration (Jason Stilwell and Susan Paul,9 among others), interfered with Mr. Hanson s duties and Building Department

10 operations, sometimes without conferring with, or even informing Mr. Hanson, unduly11 criticized Mr. Hanson about his job performance and qualifications, took contradictory12 and inconsistent positions, discriminated against Mr. Hanson based on age, medical13 condition/disability, and status as an active duty member of the military, and generally14 created a hostile work environment for Mr. Hanson, leading to his termination without15 any basis and without any due process given.16 On August 5 2013, Mr. Hanson was asked to come into the Carmel Police17 station where he met the Police chief and City Administrator Jason Stilwell. Mr. Hanson18 was informed that he was terminated immediately. Mr. Hanson inquired about his19 severance package but got no response. The City subsequently stated that it would not20 pay Mr. Hanson the severance called for by the written agreement that the City had21 previously required Mr. Hanson to sign. City officials, including one or more elected22 officials, then began an effort to vilify and discredit Mr. Hanson, describing him in ways23 that the average listener knew his identity, and then declaring him unfit for his24 employment, all the while leaking confidential personnel information about Mr. Hanson,25 or purporting to be about Mr. Hanson.26 The actions of the City of Carmel-by-the-Sea and its agents constitute a27 continuing course of conduct in violation of California and United States Constitutions28 and laws as follows:

JOHN HANSON, Cl IM NT NOTICE OF GOVERNMENT Cl IM


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1 The City o Carmel-by-the-Sea violated Mr. Hanson s rights under the United2 States Constitution, the California Constitution and California and Federal law including3 the City s own governing ordinance, by among other things, placing and maintaining4 Mr. Hanson on involuntary leave without good cause, failing to give notice to Mr.5 Hanson prior to disciplinary or other action depriving Mr. Hanson o his employment and6 impairing Mr. Hanson s property interest in his employment, failing to provide Mr.7 Hanson with due process and an opportunity to be heard, preventing Mr. Hanson from8 performing his job duties, and unlawfully and unfairly interrogating Mr. Hanson, all in9 violation of Mr. Hanson s right to due process of law and his legal rights.

10 The City of Carmel-by-the-Sea s actions constituted wrongful termination of Mr.11 Hanson in violation o California law.12 The agents o the City of Camel also violated Mr. Hanson s rights concerning13 privacy secured by the United States and California Constitutions, and by California and14 Federal law, by disclosing confidential personnel information concerning Mr. Hanson to15 City employees and the public, and in the other ways described above.16 The agents o the City of Carmel-by-the-Sea defamed Mr. Hanson by publishing17 to other employees, the general public and other persons false, unprivileged,18 defamatory, and slanderous statements charging Mr. Hanson with misconduct and lack19 of credentials and other statements which exposed Mr. Hanson to hatred, contempt,20 ridicule or obloquy, causing him injury and tending to injure him in respect to his21 profession and employment, and causing irreparable loss of his reputation in the22 community.23 The agents o the City of Carmel-by-the-Sea further violated Mr. Hanson s legal24 and Constitutional rights by depriving Mr. Hanson o his property interest in his25 employment by purporting to change his permanent status by requiring a contract which26 is vague, ambiguous, incomplete and lacking consideration, by creating a stigma and27 official branding o Mr. Hanson, and further by depriving Mr. Hanson o his liberty8

4JOHN HANSON CLAIMANT NOTICE OF GOVERNMENT CLAIM


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1 interest in his employment and profession by impugning Mr. Hanson s reputation and2 his standing in the community, all in violation of his rights to due process of the law.3 The actions o the City of Carmel-by-the-Sea resulted in an impairment of Mr.4 Hanson s employment agreement in violation of his rights under the United States and5 California Constitutions. In the alternative, the City breached the written contract with6 Hanson by terminating him, forcing him out, and failing to deal with Mr. Hanson in good7 faith.8 The City improperly and unlawfully denied in bad faith the existence o an9 employment contract, and violated Mr. Hanson s contract by failing to pay amounts due

10 in violation of Mr. Hanson s Constitutional and legal rights.11 The City improperly and unlawfully interfered with Mr. Hanson s prospective12 economic benefit by acting to prevent Mr. Hanson s employment in other organizations13 after his termination from the City.14 The agents of the City o Carmel-by-the-Sea have intentionally inflicted15 emotional distress upon Mr. Hanson by engaging in the conduct described above and16 by deliberately spreading false statements that Mr. Hanson engaged in misconduct and17 lacked credentials, causing him severe emotional distress, pain and irreparable loss of18 reputation in the community. In so doing and by violating Mr. Hanson s Constitutional19 rights, the City stepped out of its proper role as employer and the conduct fell outside of20 the normal employment relationship.21 The City o Carmel-by-the-Sea negligently inflicted emotional distress upon Mr.22 Hanson by the conduct described above, causing him severe emotional distress, pain23 and loss o reputation in the community.24 The agents of the City of Carmel-by-the-Sea unlawfully discriminated against Mr.25 Hanson because o his age, in violation o the California Fair Employment and Housing26 Act, Government Code section 12900 et seq. and the Older Americans Act. The27 actions of the City to arbitrarily suspend or fire employees during the past year have a28 disparate impact upon older workers, and the City s tactics were intended to and did

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1 abuse the processes of involuntary leave and summary terminations in order to scare2 and intimidate employees of the City, prevent them from testifying about what they have3 seen and learned, and force them from their employment for money-saving reasons4 that cause harm to the employees.5 The agents of the City unlawfully discriminated against Mr. Hanson due to his6 medical-related disability and history (post-traumatic stress disorder), and failed to7 accommodate his medical-related disability in violation of the California Fair8 Employment and Housing Act, Government Code section 12900 et seq. and the9 Americans with Disabilities Act.

10 The City Carmel-by-the-Sea unlawfully discriminated against Mr. Hanson11 because of his employment with the military in violation of Military leave laws Mil.12 Vet. Code 389 et seq.) and the Uniformed Services Employment and Reemployment13 Rights Act (USERRA).14 The actions of the City of Carmel-by-the-Sea constitute retaliation against Mr.15 Hanson in violation of the California Fair Employment and Housing Act, Government16 Code section 12900 et seq. The City terminated Mr. Hanson s employment in17 significant part as retaliation for Mr. Hanson s previous participation as a witness in a18 sexual harassment lawsuit against the City, for Mr. Hanson s complaints to City19 management of unlawful discrimination, and/or for being a prospective complainant or20 witness about unlawful conduct.21 The actions of the City of Carmel-by-the-Sea constitute retaliation against Mr.22 Hanson for whistleblowing about the City s improper and discriminatory conduct. Lab.23 Code 11 02.5.)24 The actions of the City of Carmel-by-the-Sea constitute arbitrary and capricious25 conduct within the meaning of California Government Code section 800, and intentional26 unlawful conduct in violation of the California and federal law, and the California and27 United States Constitutions.28

6JOHN HANSON, CLAIMANT NOTICE OFGOVERNMENTCLAIM


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4 GENER L DESCRIPTION OF DAMAGES, INJURIES, AND LOSSESINCURRED:Because of the unlawful, arbitrary, and capricious conduct described above, Mr.

Hanson has sustained damages to his livelihood, his reputation, his professional careerand his personal integrity and health in an amount greater than that specified inCalifornia Government Code section 910, subdivision f). Mr. Hanson s damagescontinue to accrue, and he will incur future damages in an amount not yet ascertained.Mr. Hanson further asserts that his claims fall within the exceptions to the required8 claims described in Government Code section 905, including those arising under

9 Federal and California laws (including but not limited to Fair Employment and Housing10112

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Act claims) and under the ordinances of the City of Camel.5 RESPONSIBLE OFFICIALS:Jason Stilwell, City Administrator, and other employees, agents, officers, and

officials of the City of Carmel-by-the-Sea whose roles and actions are not fully known atthis time.

F. MOUNT CLAIMED:Jurisdiction of this claim is in the Superior Court of California for the County of

Monterey. This claim would not be classified as a limited Civil Case. Claimant claimsattorney fees and costs incurred in bringing and prosecuting the claim, including any

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litigation arising out of the claim.

Dated: December 17, 2013

JOHN HANSON, CLAIMANT

Michael W. StampMolly E EricksonL W OFFICES OF MICHAEL W STAMPAttorneys for Claimant,John Hanson

7NOTICE OF GOVERNMENT CLAIM


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PROOF OF SERVICE2 STATE OF CALIFORNIA, COUNTY OF MONTEREY3 I am employed in the County of Monterey, State of California. I am over the ageof 18 and not a party to the within action. My business address is 479 Pacific St. Suite4 One Monterey, California 93940.5 On December 17, 2013, I served the foregoing document described as follows:6 NOTICE O GOVERNMENT CL IM7 with the filed petition attached, as follows:8 ( X ) by personal service on:9 Addressed as follows:

10 City ClerkCity of Carmel-by-the-Sea11 Monte Verde Street, betweenOcean Avenue12 Carmel-by-the-Sea, California1314 Executed and delivered on December 17 2013 at Monterey, California.15 I declare under penalty of perjury under the laws of the State of California that617189

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the above is true and correct.

8JOHN HANSON, CL IM NT NOTICE OF GOVERNMENT CLAIM

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Hanson John v. City of Carmel Claim