HomeMy WebLinkAboutMINUTES - 07281992 - 1.21 Q v ` � �.....!td•y� /o CSC.I
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BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �u N O NSE 2
QQU
TV
Claim Against the County, or District governed by) BOA*WY9NCX1R
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 28, 1992
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: BITTNER, Carol
2309 Peppertree Way, No. 3
ATTORNEY: Antioch, CA 94509
Date received
ADDRESS: BY DELIVERY TO CLERK ON June 25 and 2E, 1992
BY MAIL POSTMARKED: June 24 & 25, 1992 (respectively)
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: June 29, 1992 PIL �eP�tyLOR, Clerk
:\FROM- County Counsel TO: Clerk of the Board of Supervisors
1
iq) This claim complies substantially with Sections 910 and 910.2.
) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: � 7 BY: P - Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely'with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: 7-HiQ-9.2— PHIL BATCHELOR, Clerk, B Deputy Clerk
WARNING (Gov. code se 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the wail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
FnR ADDTTTONA , WARNING SEE REVERSE SIDE OF THIS NOTICE
AFFIDAVIT OF MAILING
I •declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: -,?j-q Z BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
9
ADDITIONAL WARNING
This warning does not apply to claims which
are not subject to the California Tort Claims
Act such as actions in inverse condemnation,
actions for specific relief such as mandamus
or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal
consultation is essential to understand all
the separate limitations periods that may
apply. The limitations period within which
suit must be filed may be shorter or longer
depending on the nature of the claim. Consult
the specific statutes and cases applicable to
your particular claim.
The County of Contra Costa does not waive any
of its rights under California Tort Claims Act
nor does it waive rights under the statutes of
limitations applicable to actions not subject
to the California Tort Claims Act.
o
NOTICE OF INSUFFICIENCY
MD/OR
NON-ACCEPTANCE OF CLAIM
TO: Carol Bittner
2309 Peppertree Way #3
Antioch, CA 94509
Re: Claim of
Please Take Notice As Follows :
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements of California Government Code section 910 and
910 . 2, or is otherwise insufficient for the reasons checked below:
1 . The claim fails to state the name and post office address of
the claimant.
2 . The claim fails to state the post office address to which
the person presenting the claim desires notices to be sent .
XX 3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave
rise to the claim asserted.
XX 4 . The claim fails to state the name(s) of the public
employee(s) causing the injury, damage, or loss, if known.
XX 5 . The claim fails to state whether the amount claimed exceeds
ten thousand dollars ($10,000) . If the claim totals less
than ten thousand dollars ($10,000) , the claim fails to
state the amount claimed as of the date of presentation, the
estimated amount of any prospective injury, damage or loss
so far as known, or the basis of computation of the amount
claimed. If the amount claimed exceeds ten thousand dollars
( $10,000 ) , the claim fails to state whether jurisdiction
over the claim would rest in municipal or superior court.
6 . The claim is not signed by the claimant or by some person on
his behalf .
7 . Other:
VICTO J. WESTMAN, County Counsel
By:
Deputy Cobnty CouU ' n
�T
CERTIFICATE OF SERVICE BY MAIL;
C.C.P. 9§ 1012, 1013a, 2015. 5; Evid. C. SQ 641, 6641
My business address is the County Counsel's Office of Contra Costa
County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553,
and I am a citizen of the United States, over 18 years of age,
employed in Contra Costa County, and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non
Acceptance of Claim by placing it in an envelope(s) addressed as shown
above (which is/are place(s) having delivery service by U.S. Mail ) ,
which envelope(s ) was then sealed and postage fully prepaid thereon,
and thereafter was, on this day deposited in the U.S. Mail at
Martinez/Concord, Contra Costa County, California.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated : July 7, 1992 at Martinez, lifornia.
cc: Clerk of the Board cf Supervisors (or' 'nal)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920.4, 910 . 8)
I
► July 9, 1992 approximately 2 :05 p.m.
Carol Bittner came into the Office of the Clerk of the Board to discuss
a Notice of Insufficiency she had received regarding a claim she filed
with this office. She wanted to know which claim the Notice referred to
since she stated that she had filed two claims. She requested a copy
of her claim with our "received-date stamp. " I advised her that I
could only provide her with a copy of the first page of our claim form
that showed our stamp and the received-date stamp of material
subsequent to her claim received the next day. I then provided her
with the referenced copies.
I tried to explain to her that the Notice was issued from the Office of
County Counsel and that she should discuss that with them. She refused
on the grounds that the claim was filed with this Office and therefore
we should address the deficiencies as noted in the Notice of
Insufficiency. She stated that she would not leave this office until
her concerns had been addressed.
I then called Pat Rawlinson, Office Manager, County Counsel 's Office,
who advised me to have her come to their office and that she would have
the attorney who reviewed her claim discuss it with her. When I
referred Ms. Bittner to County Counsel 's Office, she wanted me to
assure her that they had a copy of her claim. I explained to her that
County Counsel is always provided with a complete copy of every claim
received in the Office of the Clerk of the Board. She refused to
accept my word that County Counsel had a copy of her claim(s) in that
office and refused to leave this office until I verified that they
had.
Carol Bittner requested me to provide her with a duplicate copy of her
claim that she would carry to County Counsel 's Office. I tried to
explain that her claim was very lengthy and that we were in the process
of duplicating agenda material in order to meet our timeframe. If upon
her arrival at County Counsel 's Office it was determined that a copy of
her claim was not on file, all they would have to do is phone us and
then we would make a complete set of her claim. From past experience I
knew that County Counsel had a complete copy of her claim on file. Ms.
Bittner responded that she also was on a timeframe and would not leave
this office (Clerk of the Board) until she was assured that a copy of
her claim was on file in that office.
I again called Pat Rawlinson who said she would check on the claim. A
short while later Ms. Rawlinson arrived in the office with County
Counsel 's copy of the claim. Pat attempted to talk to her, but was
unable to reason with her. She suggested to me that I may want to call
the Martinez Police to have her removed since she was not leaving until
her concerns on the Notice of Insufficiency had been addressed. I
suggested to Pat that return to her office and that Ms. Bittner could
sit in the visitors' section of the office until we closed since we
were not able to help her. Pat then left.
Bittner Claim
Page 2
Shortly thereafter, Phil Althoff, Deputy County Counsel, arrived in this
Office to discuss with Ms. Bittner her claim. Phil tried to reason with
her, but she refused to listen to him unless he complied with her
demands relative to the Notice of Insufficiency. He suggested that she
amend her claim by completing another claim form; Ms. Bittner refused.
She also told him that she was not going to leave until he accepted her
claim. He tried to explain that her claim was not specific relative to
the areas of the referenced deficiencies. She disagreed with him.
We in the Office of the Clerk of the Board got the impression that
unless Ms. Bittner got her way, she would not leave. I think Mr.
Althoff felt this way too. Mr. Althoff rechecked Ms. Bittner's claim
and satisfied himself that the Statutes of Limitation had not expired.
Seeing that they had not, Mr. Althoff changed his recommendation to
the Clerk of the Board relative to the disposition of Ms. Bittner's
claim that it "complies with Secions 910 and 910.2. " At Ms. Bittner's
insistence, he voided her Notice of Insufficiency. In response to Ms.
Bittner's inquiry, I advised her that she would receive a copy of the
Board Order following the Board action on her claim.
Ms. Bittner left' the Office of the Clerk of the Board at approximately
2 :40 p.m.
lrldllL W: RJNi1L Vi Wi Lu r�/wr��a��r�ro+��%f& % /aIA&W4Nw'. .— w.—
DWR0 O S 1V lrir!►1iW 1
A., Claims relatingto causes of action for death or for in to
fury person or to per-
sonal property or growing crops and which accrue on or before December 31, 19879
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or'to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code 6911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
aeesessaeeefe • ee1� • eectee * eeeeee * eeeee * eee * • Ic
RE: Claim BylZ ,,� ) Reserved for Clerk's filing stamp
C�l l
C 1 .
C230? e , RECEIVE®
Against the Coun y of Con Costa ) JUN 2 5 1992
)
MLU a �`f$trict) CLERK BOARD OF SUPERVISORS
Fill n name )
CONTRA COSTA CO.
The undersigned claimant re ke c aim inst the County of Contra Costa or
the above-named District in the sum of and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact to and hour)
c
2. Wh did the damage or injury occur? (Include city county)
3. How Hou did the damage or injury occur? (Give full details; use extra paper if
required) _
4. What particuiar act or omission on the part of county or district officers,
aer�anis our employees caused the injury .os� damage?
(over)
5. `What are the names of county or district officers, servants or employees causing
the damage or injury? 4.
O
G
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the estimated amount of .any
prospective injury or damage.)
B. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
Claimants Signature
Ad s
�-
Tele one No. Telephone No.
NOTICE
Section72 f thenal Coe provides: `
"Every person Who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by.imprisonment in
the county jail for a period of not more than Dale year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
From: Carol Bittner June 20, 1992
2309 Peppertree Way, #3
Antioch, Ca . 94509
phone -(510) 778-6078
To: The State Board of Control
Government Claims Program
P.O. Box 3035, Sacramento, Ca.
95812-3035
ATTN: Rebecca Hansell - (323-3564)
-I request an endorsed copy of claim,
stamped, self-addressed envelope enclosed.
COVER LETTER
In reference to our phone conversation of June 19, 1992, thank you for
putting into two sentences, what ' s taken me. three months to research to
start seeing. I had asked you how to filea Joint-Liability, Intentional
. Tort Claim involving consensual arrangements between public, governmental,
and private entities . Most of the co-defendents involved are so secretive
& layered as far as who controlls who & who finances who, that while
doing my research to find the proper Agencies & sddresses, accountable
for these sub-departments , listed in this claim, I found I had gone
almost -in a complete .circle. I also came to believe I would .never find
out specifically, if any of these entities should be filed with your
State Board of Control .
I 'm: grateful to you Rebecca for stating that the use of block grant
monies, intermingling of agencies, many using the "trickle down effect" ,
makes it difficult to find out who belongs to whom, and who is respon-
sible to whom. I 'm following your suggestion, that I list all entities
together on a single claim and send the whole claim along to you, in
addition to a copy of. the whole claim to every entity listed.
June 22, 1992
I called your office this A.m. , to check on my time limit. My six
month time limit is up today as to actions against me by the
county .of Contra Costa Housing, section 8 dept. whose office is in
Antioch, the first intentional act occured on Dec. 23, 199$ . The
city of Antioch was involved directly back in Dec. 12 , 1991 , and
I already filed a claim against them on June 8, 1992, but since talking
to you I 've found out that the city of Antioch takes in state and
federal housing money, so the information I received from one of your
co-workers on June 8, 1992, to file the tort claim against the city
clerk of Antioch may have been unintentionally incorrect . That claim
maybe should have been filed with your office. I am including a copy
also, I have been denied information from the city of Antioch ' s lawyer,
since May 14, when I hand delivered a message addressed to the city
manager, asking for an appointment with the city attorney, receipt
enclosed.
2
FROM: Carol Bittner
2309 Peppertree Way, #3
Antioch, Ca . 94509
cont.
I can not complete the entire joint public and governmental
claim today , I shall continue to send daily to you the entire
group of co-defendents .
Enclosures;
4 copies each of the original joint claim filed June 8, 1992 ,
with added addendum filed June 9 1992 to the city of Antioch
4 copies of joint co-defendent claim, concentrating on the
involvement of the Housing Authority of the County of contra
Costa, Antioch Branch of Section 8 Housing, starting on Dec. 23, 1991
as far as intentional harm to me and my son Joseph. Included
in this portion of the joint claim today is the City officials
of Antioch, the Antioch Police Dept. , the Board of Directors .of
Contra Loma Estates Homeowners Association, , all listed as co-
defendents.
1 copy of the oct. 22 , 1991 City Council meeting, of Antioch, Ca. ,
#5 on the Agenda. this tape. is extremely important, since it
outlines a plan involving HUD, County Housing Dept. , the City of Antioch
and its police Dept. and the involvment of the private
Estates, one of which is mine- Contra Loma Estates .
(I 'm going to have this t pe transcribed tomorrow, and send you a
copy) ..:_ e r
2 letters between Mayor Keller and I in December, 1991
1 copy each of a 45 page complaint filed against the Antioch P.D. ,
including the general involvement of other co-defendents that
will be listed in the completed joint claim. This complaint
requested an internal investigation by the police Dept. , and
was delivered to the police on March2, 1992, with copies Mailed
to C.C.C. District Attorney Yancy,and to the Ca. Attorney Gen' ls
office , also on March, 2, 1992, also a copy of a 2nd packet
of information sent to the Attorney Gen ' ls office on March 5, 1992.
All 3 listed still have their copies.
1 To: The State Board Of Control
Gov' t Claims Program, P.O. Box 3035
2 Sacramento, Ca . 95812-3035
3 To: City Clerk 's Office
City of Antioch
4 Third and H St .
P.O. Box 130
5 Antioch, Ca . 94509
Phone - (510) 754-8384
6 To: Clerk of the Board of Supervisors
7 Rm 106, County Administrative
Building, 651 Pine St . Martinez, Ca .
8 94553
9 To: Housing Authority of the County of
Contra Costa, 3313 Estudillo St.
10 Mattinez, Ca. 94553 , phone - (510) 372-0791
11 From: Ms. Carol Bittner, for herself as an
individual , and on behalf of her son,
12 Joseph Michael Bittner, a minor.
2309 Peppertree Way,#3
13 Antioch, Ca . 94509
phone (510) 778-6078
14 Notice of Joint Claim involving a consensual arrangement
15 between public , governmental , and private entities , who
shall .be listed from now, as co-defendents, and who for
16 today, June 22 , 1992 , shall only constitute a portion of
a complete list of the above mentioned entities . The
17 remainder of the list of co-defendents shall be listed
in an amendment to this Intentional Joint Tort claim at
18 a later date.
19 Attached & to be included as a portion of this Joint
Claim and listed as co-defendents, is a copy of a claim
20 for Damages against the City of Antioch, Antioch, Ca.
for arrest of Joseph Bittner on Dec. 12 , 1992, and continued
21 detention up and until Jan. 3, 1992 . The attached claim
was filed on June 8, 1992 , and an addendum filed June 9 ,
22 with the City Clerk ' s office of Antioch,
23 Joint notice of claim against the City of Antioch and
its officers: Mayor Keller, city council members; Barbara
24 Price, Eliz. Rimbault, Cathryn Freitas , Frank L Sloan,
City Attorney Wm. Galstanj Dept . of Develop. Services,
25 Ron Ward , & R. Vignola; and the City of antioch Police
officers & the Antioch Police Dept.- claim already filed
June 8 , 1992; & the Housing Authority of the County of
26 Contra Costa; Exec. Director Perfecto Villarreal; Acting
27 Dir. R. Martinez; Housing Management Officer, Ms . S Smith;
28 (cont . pg. 2 )
2
Joint claim against - cont .
1 Housing auth. of the County of Contra Costa, Antioch, Ca .
Branch, 2219 Buchannan Rd . , Antioch Ca . Phone - (510) 757-2925,
2 Employees; Connie Martin, Ms . James ; , who, along with the
Contra Loma Estates Homeowners ' Assoc. , 1203 Sycamore Drive,
3 Antioch, Ca . 94509, (510) 754-7171 , and its Board of Directors,
Pat Sabo, George Burnett , Wm. Turnquist, Karen Ulrickson; ( a
4 claim against this Assoc. to be filed at a later date, along
with the list of remaining co-defendents to be charged in this
5 joint claim ) , through mutual agreement did consent, adopt,
enter into, enforce, act on a joint plan which satisfies
6 either one or all of the entities to either assist in the
enactment of their combined goal , and or to reach their
7 single or agreed upon goal , did & continue presently to,
in a conspirancy, deprive Carol Bittner, and her son Joseph,
8 their civil rights; Fair Housing Act Rights, & American
Disability Act Rights , and claims of damage.
9
10 COMPLAIT &CLAIM
11 This complaint and claim is filed to formally charge,
jointly, The City of Antioch, Antioch Police Dept. , Housing
12 Authority of the County of Contra Costa & it listed officers
and employees, with violations of rights of Carol Bittner,
13 & Joseph Bittner, her son, and to- hereby make a claim for
all damages suffered , & continuing to suffer as a result of
14 the violation of those rights .
15 30
16 A\ / STATEMENT OF FACTS
17 On Dec. 24, I called the Martinez office of the Housing
18 Auth. 372-0791 , and spoke to a man named Richard Martinez, &
19 told him I wished to file a complaint against a Mrs . James , an
20 employee at the Antioch Branch of the Housing Authority. I told
21 Mr. Martinez that I had been in to see Ms . James , following the
22 directions from Connie Martin, of that office, to discuss me
23 notifying the section 8 housing people , that my son, Joseph
24 was being held at a Board of Director ' s home at Contra Loma
25 Estates, by the Antioch Police Dept . Since Dec. Dec. 12 , 1991 ,
26 case # 9112693 . I told Mr. Martinez, that I had seen ms . James
27 At 3pm the previous day, Dec. 23 , and that not only was Ms . James
28 argumentative with me, but she also refused to write down on
3
1 paper any of the information I just stated . In fact , Ms . James
2 brought forth a form and told me to sign it . I told Mr. Martinez
3 I couldn ' t remenber what it said, but I did know that I would
4 be in trouble with the housing dept . if I committed fraud -
I ha5A been a Section 8 recipient for about 11 years and I know the
6 common-sense rules . I told Mr. Martinez that Mrs. James again
7 produced 2 additional forms & and this time demanded that I sign
8 one of these forms, - the one I do remember, is the form that
9 stated that my son was in a psychiatric hospital . I told Mr.
10 Martinez that I refused to sign the forms & Ms James was very
11 mad at me, she again refused to take down any of the information
12 from me or the police case #. I told Mr. Martinez that I was
13 scared, since as a recipient of Section 8 funds, It is my re-
14 sponsibility .to notify the Housing Auth. or I will loose my
15 Section 8 certificate. I told Mr. Martinez that I tol Ms . James
16 that "I refused to lie for anyone" , and that Ms ESperanz, an
17 employee heard me say this , also Mr. Hearn, the unit Inspector,
18 for Section 8 -757-7686 , heard me. I told Mr. Martinez that
19 I would like to write out a complaint , but Mr. Martinez, after
20 I. finished telling Mr. Martinez what had occured, Mr. Martinez
21 said, " Don't write anything down, I ' ll take care of it"
22 On Jan, 2 , 1992 , I had an appointment with Ms . Connie
23 Martin, Housing Authority, same Antioch Branch office, to do
24 the financial review, in order to have my lease renewed by the
25 first of April , 1992 . When I reached the Antioch office, 2219
26 Bucchannen Rd . , Antioch, Ca . 94509, Connie Martin took me into
27 the back room of the office, and told me right away, that there
28 was no room in my file for either a police case file number, or
4
1 any information as to a report from me as to where my son was bein
2 held a prisoner. Connie Martin then said to me, " Trust me, Carol
3 I ' ll find you a nice one Bedroom unit . " I left, saying "Hello" ,.
4 pleasantly to Mr. Hearn, as I walked through the main room of
5 the office, trying hard not to cry since I was very scared for
6 Joe & I .
7 Since Dec. 12 , 1991 , when my son Joseph imprisoned at George
8 Burnett ' s home at 2316 Lemontree Way, #2 , Antioch, Ca . 94509,
9 phone (510) 778-1374, under the order of The Antioch Police
10 Dept. , I had , in order to try and see if non- aggressive
11 inquiries might help ease this devastating situation, asked,
12 either verbally, or by letter, the following people answers to
13 questions I had, help, or information I needed, since I had
14 heard a City Council Meeting on October 22, 1991 , on our local
15 Cable TV Station, during which meeting, Antioch City officials
16 . had outlined their joint involvement along with H.U.D, Housing
17 Authority officials, the City of Antioch, it ' s police Dept . &
18 2 private condominimum Estates, one of which is Contra Loma
19 Estates, where Joe and I live: Dec. 13 , I called Antioch
20 police Captain Glenn (779-4796) ; Pat Sabo, Pres. of the Board
21 of Directors of Contra Loma Estates, Homeowners Assoc. , 1203
22 Sycamore Dr. . Antioch, Ca. 94509, Phone - (510) - 754-7171 , who
23 was in my home the day the police kept Joe at the Burnett ' s
24 on Dec. 12 , in fact Ms Sabo called me almost every day up til
25 Dec. 31 , when I told her Ih^ � 'L
-----ter=-- - was aware of Contra Loma
26 Estates total joint-involvement, with Section 8 , and the city
27 of Antioch, toward the removal of Section. 8 Tenents , since July
28 of 1991 upto, and including the present ,Acustomized plan to
5
1 to evict, separate, or remove from the Section 8 rolls, families
2 like Joseph and I who were not involved in crime, ; wrote a
3 letter to Mayor Keller, asking for a copy of the Oct. 22, city
4 council meeting, since I knew part of the joint plan before
5 I heard the tape - 1 . street police being antagonistic, and
6 negative when we called for help, 2 . Mayor Keller changing the
7 tone and content of the 911 operator when. called, 3 . drug dealer,
8 Harry Bates, living next door at 2314 Peppertreeway, #4, to us,
9 from July through most of October, even though criminals, gangs,
10 were attracted to our neighborhood by his drug dealing, & he
11 was a Section 8 Tenent , the police, Pat Sabo, and Connie Martin
12 allowed Harry Bates to remain and along with the police, kept
13 our neighborhood like a boiling pot - I wrote the letter to
14 Mayor Keller on Dec. 15, 1991 : On the 19th of Dec; I wrote
15 a letter to Mrs. Dehring of. Cps, asking her to intervene as
16 far as Joe 's health, since he Had an appointment coming up
17 on Jan 27, 1992 for special blood work at Childrens Hosp. in
18 Oakland, and if I had to change the appointment, I had to do it
19 in December: Notified and asked questions of Social Service &
20 Social Security workers (names in attached tort claim - 6/8/92),
21 both responded by removing Joe ' s funds , which I 've since found
22 out goes against their rules& regulations: On Dec. 22 , I wrote
23 a letter to Officer Hgssoon, requesting a quiet meeing to see
L�
24 If "something could be worked out" : from Dec. 16, until Dec. 27,
25 I was in almost daily communications with Janet Choake, asst . to
26 the city clerk of Antioch, as I attempted to obtain a cassette
27 copy of the city council meeting of Oct . 22 , on which I heard
28 mentioned for the first time , the Cranston-Gonzales Nat ' l Housing
6
1 Affordability Act; I was prepared for mis-information, & excuses
2 and delays as far as getting this tape, so I decided not to react
3 1 of the set-backs was on the 16th of Dec, 1991 , when Ms . Choake
4 told me I needed a Double-Dub tape deck, which I couldn 't find
5 after 5 days of trying; then I was told by Ms . Choake that a tape
6 deck that could . record would be fine, except that her boss was
7 off for a few days, and I would have to wait until Ms . Choake
8 had time to tape a copy for me, in the meantime, she suggested
9 I ask Ron Ward , of the redevelopment services of Antioch, and
10 he could answer any questions I had. I saw Mr. Ward on Dec. 23 ,
11 & the only statement he made in answer to my question about Section
12 8 Housing, was to tell me that the City of Antioch was not involved
13 in any way with Section 8 Housing or the County Housing Dept. -
14 on Dec- 27th, Ms. Choake said she would have time to copy the tape
15 for me & I brought in my tape machine and some tapes . i returned
16 to City Hall, after receiving a call that. the 6d§9ett& t'aPdYwafs)
17 copied and ready for me to pick up. When I arrived at City Hall ,
18 I paid for the cassette copy of the Oct. 22 , 1991 city council
19 meeting, sat down, & started to play the tape - the tape was blan .
20 I informed Ms. Choake of this, and after she told me she could
21 not try again to make a copy of this city council meeting again,
22 until after Jan. 2 , 1992, I mentioned the Brown Act, & Ms Choake
23 decided it was "ok" for me to sit down in her office and make a
24 cassette copy of the City Council meeting myself. : Dec. 18 , &
25 Jan 3, I began my ongoing adventure, which is still continuing,
26 to find some legal help - first , by calling Ro Aguilar ' s group,
27 (arbitrary) -754-3729, 531-9300, on Dec. 18 , 1991 ; and Contra
28 Costa Legal services Foundation, ( 233-9954) , on Jan. 3 , 1992 —
7
.1 C.C. Legal services Foundation - P.O. Box 2289, Richmond , Ca . 9480 ;
2 I first spoke to Ms . Burger of the Pittsburg office on Jan- 3 , in
.3 regard to loosing my Section 8 certificate due to new rules & reg.
4 Adopted by Section 8 on Oct 14 , & rules & regs. voted in to their
5 new C.C. & R' s. by Contra Loma Estate Homeowners ' Assoc. on Oct . l ,
6 relating to lose of Certificates (Sec. 8) , & or fines by Contra
7 Loma Estates - (copies of both attached ) p between Dec. 18 , & Jan.
8 8 ; 1992 , I spoke to Eve .Gilmartin,- 935-0257, three times, &
9 Maggie Erickson - twice, 935-4249, since I wanted to set up a
10 talk with Antioch Mayor Joel Keller, because he was the central
11 figure who could work with all the entities causing direct damage
12 to My son, Joseph & I, ie; Section 8 housing, Antioch Police, Contra
13 Loma EState, and city officials- I made an appointment over the
14 phone to meet with Mayor Keller at 3pm, Jan. 8 , 1992 , in the
15 Mayor ' s office - Eve Gilmartin of Ro Agular ' s group, told me that
16 Jill Cooper; of .their group would be at the meeting ina neutral
17 position. When Jill Cooper and I met with Mayor Keller on Jan. 8 ,
18 I brought up the suggestion that Mayor Keller meet again with
19 HUD, Sec. 8-(Perfeco Villarreal , Richard Martinez) , the Antioch
20 Police, and Contra Loma Estate, and see if between this group
21 some type of aid (a financial umbrella) be obtained for Joe &
22 I since along with my credibility as a parent being completly
23 destroyed, my fear of the above mentioned group continuing to
24 attempt to remove as many Section 8 tenents from the Housing
25 rools, & Contra Loma Estates doing the same, along with as many
26 Sec. 8 evictions from their property as possible, I felt I could
27 not redo much of the damage caused by Mayor Keller & his joint
28 contributors without some help. I also asked him to request of
8
1 Mr. Villarreal ' s housing Auth, a plan that would allow Joe and I
2 to be come first time homeowners , ( a policy in effect in Jan. 1992
3 and still in effect now - JUn. 1992 ) . I also shared with Mayor
4 Keller my own fears caused by the antagonistic attitude of his
5 police Dept. in July through Oct . 1991 and also more fear caused
6 by Mayor Keller ' s policy that changed the tone and substance
7 of the City of Antioch ' s "911" number - (the police antagonism
8 toward Joe and I caused drug dealers in our area to see by the
9 police attitude towards us when we called for help, that it was
10 "ok" for the criminal element to "carry on"
also the 911 "
11 operator was antagonistict, and always demanded if firearms were
12 involved when a person called "911 "- which frightened me, since
13 my son and I were being threatened by youth gangs with metal pipes,
14 and after hearing "911 " Mention firearms , I felt people threatened
15 with pipes were on the bottom of the priority list for police
16 response) . About the one thing Mayor Keller did admit to was
17 changing the tone and content of the 11911 " operator, Mayor keller
18 said he did that to protect his officers - which I Don' t think is
19 true, since what I saw, in our neighborhood in August, 5 & 16th,
20 was either 3 patrol cars came to answer a call , 16th & on Aug 5,
21 I saw about 20 gang , (youth) members attacking one Antioch police
22 car with large rocks ( back driveway of my unit ) , and this one
23 policeman, in one Car sitting there and not calling for help.
24 On Jan. 17 , I wrote a letter to Mr . Villarreal , requesting
25 information regarding the total changes in Section 8 standards ,
26 which I ' d learned of not just by listening to the City Council
27 meeting of Oct . 22 , or by reading what I had time to from the
28 Cranston- Gonzales Nat ' l Housing Affordability Act , most of my
9
1 factual information has come from my eyes and my ears , I 've lived
2 so to speak these intentional joint actions by Contra Loma
3 Estate, Antioch Police, and. Section 8 Housing, ie : on or about
4 May 25, 1991 , It was announced by Pat Sabo , Pres . of the Board
5 of Directors of Contra Loma Estate, that things will be better
6 when all Section 8 tenents are gone; On Aug. 5 , 1991 , I Called
7 Section 8 Housing in Antioch, and spoke to Ms Esperanz , and
8 Connie Martin, and told them I was concerned about all Section
9 8 tenents being evicted by Contra Loma Estate and the police, and
10 Connie Martin said to Me , " Don ' t worry Carol , they Can 't
11 do that , it is against the law. " - On Sept . 15 &. 16, 1991 , I saw
12 a lot of arrests made of lo-income people, and once their names
13 were listed in the newspaper, they could be evicted or loose their
14 certificates , whether or not they were convicted , see attached
15 articles . On Dec. 13 , 1991, the day after the Antioch Police
.16 kept Joe at Mr. Burnett ' s, (secretary of the Board of Director 's
17 of Contra Loma Estate) , Mrs . Burnett called me up and said to me,
18 "I 'm so sorry that you 're so sick" ! That kept me from going near
19 the Burnett 's home for the 22 Days Joe was Kept there, since I
20 knew I could be arrested or evicted , or loose my Section 8 Cert. ,
21 (See Attached copies of rules & regs . dated Oct .,,. -14 &15 from
22 Contra Loma Estates & Section 8 Housing) .
23 BACKROUND
24 All general backround information relating to these joint claims
25 are completely written about by me in the following list, .and
26 and a copy of each packet is included in the envelope mailed alon
27 with these claims ;
28 1- transcript of the Oct. 22 , 1991 , Antioch City Council
meeting
10
1 1- Copy of the 45 pg. complaint, of internal investigation
2 requested by me of the Antioch P.D. , sent March, 2 , 1992
3 Joint communications between me and Section 8 , Mayor Keller,
Antioch Police Dept;
4 68 pg. affidavit sent to HUD Civil Right Dept .
5 copies of various news clippings
6 1 Cop of tort claim filed with the City Clerk' s office, City
of Antioch, June 8 , 1992
7
WHEREFORE, Carol Bittner demands compensationfor the conduct,
8
and intentional emotional and mental harm to herself and her son
9
Joseph Bittner, up until today and continuing , and to violations of
10
the Fair Housing Act, Civil Rights Act , & the American Disability Act
11
by the City of Antioch, the Antioch Police Dept. , working in
12
Joint agreement with the Housing Authority of the County of Contr
13 costa , along with its Antioch Branchp4 in an amount that would
14
place it in the jurisdiction of the Superior Court .
15
I , Carol Bittner, declare under penalty of perjury, that I
16 have read the foregoing claim for damages and know the contents
thereof; that the same is true of my own belief and knowledge,
17 save, and except as to those matters wherein stated on informatio
and belied , and as to them, I believ it to be true.
18
DATED: ' , 1992
19 Carol Bittner
20
21 RECEIVED IN THE COUNTY CLERK'S OFFICE THIS DAY OF
22 1992
23
24
25 County Clerk
26
27
28
• DEPARTMENT OF HEALTH AND HUMAN SERVICES
'SOCIAL SECURITY ADMINISTRATION
AL SECURITY CLAIM NUMBER BIC
REPORT OF CONFIDENTIAL F1,
SOCIAL SECURITY BENEFIT INFORMATION I II I I
Information about a person's Social Security Benefits is confidential by law. Except under certain circumstances specified by
law and regulations, the Social Security Administration does not reveal such information to any person except the beneficiary
involved,or his or her authorized representative.
Beneficiary's name 1. Name of person or agency from whom
and address a request for benefit information was
received.
M I ❑ Beneficiary
a 3 O U LAIZ, W�` IVd ❑ Other(Show name end address)
The person or agency named in item (1) above has requested information about your benefits. The information requested has
been provided in the items checked (V) below,and is being sent to you for your convenience. If you want the requesting agency
(other than yourself)to have this information,you may show or send them this official report.
2. ❑ The gross amount of your monthly Social Security benefit is $
The amount deducted for Medicare is $
The net amount of your Social Security check each month is $
3. The above amount became effective Month—Year
4. Your monthly benefit ;From(month—year) :Through(month—year
❑ (before deduction for Medicare) $
5. The monthly amount of your Supplemental Security Income payment is $
Month—Year
6. ❑ The above amount became effective
7. [3The total monthly amount of your Social Security benefit and supplemental
security Income payment is $
8. ❑ According to our records your date of birth is Month—Day—Year
g. We are unable, at this time, to tell you whether benefits may be payable in your case,because the processing of your
claim for disability benefits has not been completed. If it Is determined that benefits are payable, you will receive
notification of the exact amount and effective date.p n
10. Other C. .
IDDR111111111 SIGNATUAR AND TITLE R IJTHOFIIZID OFFICIAL
SuU l SLCUitIIY AUNIMSfRATION
kk E.ULAN(, RD.
V.0. BOX 16j9 TELEPHONE NO-0riclude Area DATE
PITTSBURG,CA 94565 r�e'
DEC i 9
POrmGot%'24964-84) *U.S. Government Printing umcr:
•• 'JAIF.Uf CAU1UHN1A
11FALT11 AND WFLFARF A(',L
tVV 1 iur— Vr' AL; I IUB! CONTRA COSTA L.f_PARTWNT DL SOCIAL',E
:12-1 3-91 C3V
C"" R
�,„,•! :8I TT NE R CAROL
/f•� K„n,b. :30-0 22 523 1-00-0
pi
' G Wnkr` :S MESSINGER
pwmnn` -70 Sy
Tidep1Knr! 1t&43
Cndd—, :4545 DELTA FAIR 3LVDe
ANTIOCH CA 94509
Questions? Ask your Worker.
$l r.ecesite une treeuccAn de foto, !'—e a au treDe)edor(e)
ADN: E55EE) Yln Lvr.6/Di lit. lfc ed1 iD1m Dinh Yiln cue slnn nlu rin Din dlrn
CAROL B I T T"E R
2309 PEPPEiRTREE WY #3 State Hearing: if you think this action is wrong, you
ANTI OCH CA 94509 can ask for a hearing.The back of this page tells how.
Your benefits may not be changed if you ask for a
hearing before this action takes place.
AS OF DFC 31, 1491 . THE COUNTY IS STOPPI`tG YrIUR CASH AID AND MF-0I—CAL
HERE'S WHY:
YOU NO LONGER HAVE AN ELIGIBLE CHILD LIVING WIT4 YOU.
TO GET AID• YOU MUST HAVE A CHILD LIVING WITH YOU WHO IS:
ELIGIBLE FOR CASH AID, OR
GETTING SUPPLEMENTAL SECURITY IKICOME ( SSI ) v OR
IBEING SANCTIONED BY GAINe
I
RULES: THESE RULES APPLY; YOU MAY REVIEW THEM AT YOUR WELFARE OFFICE.
MPP SECTION 82-920
MEDI—CAL MANUAL SECTIONS: 50201 THROUyH 50? 51
M82-820C — DISC — AU COMPOSITION• ELIGIBLE CHILD LEFT THE F1OMF 047-
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f1LLET] E 1
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1��`i�ri� i{1{� ►+-'�►-',�►C. } :1. ' ::
Y••r'ITH Hf,l_LO'Y.'EE('J SO .CLOSE CAI--I THAt••JI'SGIVING AND CHRISTMAS ,BE;VERY' .FAR:'.'
BEH114D?? I IERE IS A WORD OF AD'wIC:E:.FOR.PARENTS. 1rlHOSE'CHILDREN.:t ILL,WA }'
Tri GO "TRIO OR TREATING". ':GO WITH THEII At-ID;CARRY';A:�ELASIILIGHT;�
C: IILDREI'�J GET EXCITED A(•-'JCa4'FCiRGET ,,T BEa C'AUTIot.J ; i4LSO �r bi. UGGEST�YC1U
.t
,.6'.1f
PORCH
:.:
I
C('•J •rOLP, (�OP,CH LIGHT=F�Cl2:�'ACQED A T'�r . :r.... � :k-�:.t
:�I_
i ..t. !::'• ..:: ..:: ';iii ryiP::•i ;:,`::;,:
:l-
- SHCiCILU �iLL TFIAt JI°;..1'HE`AtiJTInCH IPOLICE At JCa':hJp+RCOTIC;.OFFiGEF?S
rl-IEIR•'RECE14T EFFORT-q-,11-4 THE CONSTAt IT.TIGHT.,TO:.RID HOUR,:GlTY 01=:.:URUGS.r,
,....
4
E9 lFif1E9""�''i�=�' .F�ii��lE9 ►`
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Tl IE'1'JEti�'r CCL�R's'"RECE('J-fL AF'FROUED BYi.'At� OVER
4. :;:,..
1101 tEO„t 1EPS. .ARE..=I'J0., It�1'`GC11'1PLIM- CALIFOR:JIA.. .GC1,•x,E I JII,J�
;;., �CE1rY1TH�
r� S �•S_nrl: In. CINE ll'TS GIVE,":`THE .BOAI D;:Q
r. �:. N_t lE0'ti.('JERL i4 _ T.�...;_: 7'1:IE''i•it�YCO iL1.,'1;:::., :•,,,....
''' C:�ll='ECTOI, THE--'POWER-,;TC1 LE�JY; f IF�JES t N°RESIDE(JTS .WHO.1,vibLA`t.t,;OUR RULES,,,
�, „, ..
f\('•1D REGULATIO14S. THEREFORE;STARTI1ti1G UPJ r 'rl P, 1B 1991:` " :WILL START
lir{'
IG$UING FINES. IF YOU FIA�r E:-;A'_,;REIdT`AL UN.—T YOU., • : FINED: : R� i4t JY' . 0
RENT
�:`T!-IAT YOUR TENANT I'IAV;: " AN E C01'l -11T TED:'FIf•JES MAV=::`EERY C?EPEItiJC�If�JG; Ot�l`HO%vV -
.!SEPIOLIL, TILE VIOLATION`IS: IFS:YOU?ARE r,!OTIFIED,THERElS!A MOLATION",:YOU WILL - `
S ti ti , t
BE GI�„'Ef J TIFIE TO CORE?ECT:'THE';F='RCIBLEI 1 Af�JU ALSO:A14.OPPOR.TUNITY TO ;
APPEAR BEFORE THE BrARC ''.OE LIRECT ;P.S AT TFIEIR'REGULi4R t�lOt'�ThILY 1tEET;=';
ING TO APPEAL YOUR FINE:. IT IS ,OUR; INTINITION TO.INFORCE 0UR RULES AND ..
REGLILA710t'1S, BUT AT `THE SAt''lE::.T1I lE: :�r' E ALS0:11•JTEtdC� TO BE Fi41R: ' '.1ri�E.MUST
ALL WORK TOGET14ER I :EfPiNG' I(�l!1�11f 1D TF1���T 1r1rE :HAVE EIGHTY 'j.40 BUILDI(••JGS,., ;' '
0t••J SEVE14TEE14 ACRES %,-!ITH THREE�'.l-ILINDP.ED AND TWENTY-EIGHT UNITS.;.-THAT
EFl IALS A LARGE t••JUI-lBER OF MEN; �1011Et••J AND r_'HILDREI••J. EV ER�rOt••JE 11UST
P.O.THEIR PART TO KEEP A C:LEA(�•J A(--ID..SAFE t••JEIGHOBERHOOD.
-'ti•,"E I A`1:'E 1_014G. TERI'1 PLA14S.THAT,, IN LLIFIE I_MW- A�u_i,:•.REI-IO AL OF.OIL
SLICKS It-I CARPORTS, 111E PAINTING.OF THE CARPORTS (of ter the n-;-eners tiove
1-Fr�air-Fci 9ny d.�rr i�yer� ~r�r-ees enrJ replaced eny missing t�er-dtif,•ar-e)-a(JD THE
REPAIR OF THE DECKS. WE ARE ALSO ACCEPTING 81DS FOP. ROOF,.REPLACEl-lENT.
1 -�ARZ IIYG IN NOVEMBER<TI IE REGULAR f-tOfiTiiLY tiUARDI OF UIRECTORS
=A:
METING, WILL BE CI IANGEU TO TILE THIRD (3rd) T IJURSDAY OF EACI I .
MONTI L AT 7:00
TI-IE -,11r-•JI[1U11 'FINE FOR ANY.VIOLATION J IG .' 2500' . l THE FIr'•JE:WILL DOLISLE IF-:,TF�E
VIOLATION IS NOT CORRECTED Ir'•1 THE TIME SPECIFIED AND REPEATED•-VIOCATIOF1� 'l
MAY DOUBLE OR TRIPLE. 1rti'E INTEND FOR THE FiNE TO FIT THE VIOLATIOi••J. L E :SI_It*E.v.
YOUR TENANTS HAVE. A COP'S OF OUR ..k1_1LES AND REGULATIONS" IT WILL
TO
r''J T.T BE ACCEPTABLE
n �,; ,.I C�IDr�J'T I:f
THE FOLLOWING IS A PARTIAL; LIST OF. THE:HOST"MUSEL VIOLATIONS-At'dD-Mivv,J1f 10t1'
FINES T14AT GO WITH THEM.
1. GARBAGE- t: using at-10t Mer +.snits garbage.can or your not keeping .............$2G.(.-�r� , g,
your area clean)
2. OIL SLICKS IN CAR PORTS- ............................. .' ............................... �..
.......................... •....��'?�0�?
•
, += :
LANDSCAPE DAMAGE plus:r-eplare e st s) :.....:...:. ................
to rit'.:co.,
4 PARKING- ( autos'can be towed or.fined:;;]ii ..fines eros; . ..
Towing fees are S.C� lus'- 2 `•.Q er Aat store fee
,:5. GARAGE TRASH- tires, at7to tarts ... .) ....:........:.::.........:...:.....:.....:....
F � debris,.etc
B. CRACKED "OR BROKEN,WINDOWS .OR DAMAGED.`:SCRFF=i 1S ::.::.:::. : ..::::.:: :::.:.: � i2 ..Cr�r�
f. WINDOW COVERINGS blinds/shaded ,:drs 25ern.
..
�.' w ill loos alln ped : .
Q.
MAJOR AUTO REPAIRS- rOo;rna_jor::eutr�'repair :rill be allatfred:.::. :$5!?:0�:
l no:cars oil blocks'no flat tires). 4 :. N.
. PETS- `(litter-must be .cleaned up; no:pet -staked outside dogs. Gn;:e.::: :....1255001
leash must be :accot-npanled) Af�JIIAAL.�CO1%JTROL'-.% �'BE CALLED.
10. .CARPORT STORE ROOMS (no corYOb)� `t'ible`''r7»teriei ar-: fire haul-d...::::... 2.5:C
can be repaired°and
1nrE'Pd et.
'tit
1
. - a
1 rrre.
11: LAur•JC!RY ROOr'� - t-rust be;sept c1e�r, Ar,o,litter- :.. :: , �.c�c:; ,:
12: ErtiCESSI'��'E`f'•J01SE- loud music, lo��d:paj`.ties.:rtr- g�.�est;� .... �` - t �: >v.
13. STEALING ELECTRICITY FROM e_ILCIJ_;y<( rTim�t7�_1rr 1) ............................................................._ Ydfile can not ibe a eale
:
i14.;DECKS' �;:'rio plants ,;r• ithOUt Sa�_1Cet ,q ;Gtlfi''Gt-, rule -t o see...... $2-9
may be kept on decks).
... . repairs}-:... ..........-::....................................::......$25
15.=CAVGE TO BLILCIfG- ............................( pliC
1E. DUi"1PING FURNITURE, APPLIANCES-( trash or debris) plus dUt7Op fees; $C-i 0 6
17. ANTEf••1NAS ...............................................................:....... ......... ............... ...........................................��,`�_1,11r�
:1
110. ILLEGAL ACTIVITIES........................................................................................................................................$100.00 F
19. DISTURBING THE PEACE ............................:. _ .$50.00
'Et=1Et'1L,ER "T"HESE ARE i"lINIf 1l_If•'1 FINES, THEM COULD BE MORE RE DEPENDING ON THE
SEVERITY OF THE VIOLATION.
1 " .t•
LOCAL RECYCLINd
DROP-OFF LOCATION
DROP OFF ITEMS:
' • Many Hands inc. pa IP+roer m
products.I.e.: newspaper;bond paper,eoptrter paper;cardboard(
121 1Aver1
dg Road A (eknnhwm cans)
Plllsburg Q (glass,clear or colored)
415/427.6711 PET. (plastic bever'egebattles)
!!AM.-3 PM(M•F) PS (polystyrene plastk,foam packaging)
Drop 011 items: P.A.G.PET.PS,IIDPE.TC i(DPE4.
[Plastic milk.water)ugs,detergent bottles.etc.)
PE .(Plastic fil n.grocery begsl
0 (motor oA)
• MIT of Antioch Corporate Yard
'N'Street(between 41h and Slh Streets) 9 Icer batteries)
Antioch Uro charge to Antioch residents) LP (fates point)
415/757-2271 TC 10n tens)
9 AM-NOW(2nd&41h Saturday)
Man Off Ilems: FS.O. A.i.P ...�-
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
NOTICE OF CHANGE IN AMOUNT OF RENT
AND AMOUNT OF HOUSING ASSISTANCE PAYMENT
TO: Caro ?.it-taer HAP NO. 96-575
(Family)
Antioch C.A. 94509
TO: Pno.fe7:sio:..4.i- nvet-.ment
(Owner)
For sta•-an Pribilovice
P.O. :Box 20
AJ:'t inch. CA 91150;'
The Dwelling Lease and Addendum dated April 1 1985 ,
between Carol Bittner (herein called the "Family") and
Profess tonal Investment Realty (herein called the "Owner") and the
Housing Assistance Payments Contract dated April 1 19 85, between the
Owner a9d the Housing Authority of the County of Contra Costa (herein called the "PHA") ,
provides that Rent, the amount of the Housing Assistance Payment, and the Family por-
tion of the rent are subject to change during the term of the contract, as determined
by the PHA.
This change is due to (check one): [] Annual Review
Interim Re-determination
In accordance with the provisions of the Dwelling Lease; its Addendum and the
Housing Assistance Payments Contract this is to notify you of changes in the following:
Old
a. The portion of the Contract
Rent Payable by the Family: $ 135.00 $ 202.00
b. The Housing Assistance Payment
to the Owner: $ 430.00 $ 413./0!
c. The total monthly rent payable
to the Owner: $ 615.011 $ 615.00
These changes shall be effective January 1.;<,, 19 92.
Housing Manager Date
PHA Form #344
FAMIL`(
i
! HOUSING AUTHORIT`! OF THE COUNTY OF CONTRA CO" FA
j 3219 BUCHANAN ROAD, SUITE 6
ANTIOCH, CALIFORNIA 94509
( 510) 757-2925
i
OCTOBER 1.�{ 1991 .
-- 001-096475
i
CAROL BITTNER
2309 PEPPERTREE WAY 43
ANTIOCH, CA 9c1509
a MF:"C)RTAd-,f r t Q-r I C_-I=—
TO SECTION 8 CERTIFICATE AND VOUCHER PARTICIPANTS
HUD regulations have been modified to allow housing authorities
to terminate Housing Assistance Payments for those individuals
who engage in, or allow guests or visitors to engage in, drug-
related criminal activities or violent criminal activities.
i .
i Drug related criminal activities includes the felonious
manufacture, sale, or distribution, or the possession with intent
to manufacture, se.11, .or distribute a controlled substance.
Drug-related criminal activity also includes the felonious use,
or possession of a controiled substance.
Violent, criminal activity includes any felonious criminal _
activities that includes the use or threatened use of physical
force .against a person or property of another.
1 The Housing Authority of the County of Contra Costa will be
enforcing this regulation. If you have any questions about this
notice, please contact` our office at (510) 757-2925..
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Antioch Police Dept .
304 W. 10th St .
Antioch , Ca . 94509
Attn . Internal Affairs Dept .
( Request for an Internal Investigation
of the Antioch Police Dept . ) February 20 , 1992
Complaint filed by :
Carol Bittner ( FOR Carol and Joseph M. Bittner )
2309 Peppertree way , #3
Antioch, Ca . 94509
( 510) 778-6078
To Police Chief Lewis ,
I will be following the directions given me by the Ca . Attorney
Generals Office , on how to file a complaint against the Antioch
Police Dept . , with the Justice Dept . of Mr . Lungrum ' s office .
I was told to first , ask for an Internal • Investigation by the
Antioch Police Dept . of it ' s own Police Dept . I was told to state
the complaint in my own words , in writing , and then to send copies
to Mr . Yancy ' s office and Mr . Lungrum ' s office .
I accuse the Antioch Police Dept .of the following list of charges ,
and request an internal investigation of these charges :
Descrimination against mentally handicapped persons
Civil Rights violations
Misuse of police powers
Violation of The Fair Housing Act ; the Fair
Housing Act states ; It is illegal for Anyone to threaten ,
coerce , interfere with anyone exercising a Fair Housing right
or assisting others who exercise that right .
Child neglect- When Officers Huyssoon and Friday
refused to let me take my son for a psychiatric evaluation on
Dec . 12 , 1991 , the two officers chose to take legal responsibility
of my son , Joseph , they ignored his psychiatric needs and his
medical needs . Mr . Burnett , SECRETARY of the Board; of Directors
of Contra Loma Estates was allowed to take over the day to day
care of Joseph , but didn ' t take Joseph to a Doctor when Joe
came down with a Strep throat , nor did anyone take Joe for his
scheduled appointment with his psychologist on Dec . 20 , 1991 .
Neglect by the Antioch Police Dept . allowed Joe to be fed
alcohol while in the care of the Burnetts , even though the
police Dept . knew that Joe was regularly ingesting capsules
of the anti-depressent drug , Prozac .
2
s
Chief Lewis , I am going to have difficulty in separating actions
of the Antioch Police Dept . from other local , state , and federal
agencies and groups , since all types of these agencies and groups
have been interacting along with the Antioch Police Dept . , when
the opportunity arose , to either separate or threaten Joe and I in
a combined effort toward the removal of Joe and I from Contra Loma
Estates , or to pressure me to leave of my own accord .
On Dec . 12 , 1991 , while following the directions of our psychiatrist ,
I first called the Burnetts and asked if they thought Joe would
get in our car to drive to the County Hospital for an evaluation .
Mrs . Burnett told me Joe was fine and didn ' t need to go anywhere .
(Mr . and Mrs . Burnett are "enablers" and for a month Joe had
been running to families that he recognized instinctively as
Enablers . We knew by the middle of Nov. that Joe was in denial
as to a severe emotional setback he was in and he had been
started back on his Prozac . ) I told Mrs . Burnett I would call
the Police non-emergency number , which I did , and after a time
Officers Huyssoon and Friday arrived and what happened with
them, I 've allready stated on the first page of this letter .
The officers started a case file-#9112693 . On Dec . 23 , after
checking with the police over the phone and being told , "we
are still investigating . " , I saw Mrs . James , at the Antioch
Section 8 office . I told her what had occurred , told her the police
case #, which she refused to write down , and Ms . James proceded
to demand I sign a paper which contained -.fraudulent statement
as to my son ' s whereabouts . Mrs . James tried with two more
separate statements , incorrect , as to where Joe was and I refused
to sign them. I then left. the offi, and when I arrived home ,
I called the Housing Authority of the County of Contra Costa ,
in Martinez , and told Mr . Martinez what Mrs . James had done .
He told me he would look into the problem, but refused to
allow me to submit a written report , and he refused to take
down the Antioch P. D. case number . On Jan , 2 , 1992 , Mrs .
Connie Martin had me come into the Antioch Section 8 office
and while processing the yearly renewal of my Section 8 Lease ,
Mrs . Martin stated ; " Trust me , Carol , I ' ll put you in a nice one
Bedroom unit . " -- Of course that would have removed me from
Contra Loma Estates , since there are no one-bedroom units at
Contra Loma Estates , also, where would my son have lived , at the
new Antioch Police Dept?
The list that follows names additional groups and agencies
involved in one way or another , All have put on their "old
Boy ' hats My Definition of old Boy is "maintaining at any
and all costs the "Status quo" .
Contra Loma Estates , under the direction of Pat Sabo - the
Estates working toward the removal of all Section 8 tenents
and all absentee owners .
Antioch Mayor Keller - Mr . Keller admitted to me that it was
his idea to change the tone and substance of the 911 operator
to aggressive tone and the operator always asks if guns and firearms
are involved . Mr . Keller ' s reasoning behind the change is
"to protect my officers"
Sherman House- From Jan . 3 through Jan . 10 , 1992 -employee , named
Mark and Cathy Turnstall , trying to find any information that
would justify police actions on Dec. 12 , 1991 , when A . P . D.
started Case # 9112693 .
3
Housing Authority of the County of Contra Costa - Vi.11arreal ,
Mr . Martinez , Mrs . Smith , Ms . James , and Connie Martin . All
have been very busy .
Health and Human Services - Rydingsword , Manning , Calanowski , Larson ,
Tingly, Harbaugh, Galliger , Pulido, McGraf , Messinger , Arce ,
Harrell , Shermenti , Childrens Protective Services - Dehring ,
Sabika . This group at present is working the hardest .
Contra Costa Legal Services Foundation - Moishe , Murphy . This
group are giving token help and misinformation to me . The.lp
two Genuine clients are H .U.D. and Health and Human Services .
Ro Agular ( Arbitrator Service ) - Jill Cooper , Maggie Erickson ,
Eve utillidiltill . They are n1ce but when a conflict of interest
was evident to me after we met with Mayor Keller , all three
faded away and I haven ' t heard a word from them since .
H. U. D. - One phone call by me to their San Francisco
office produced , names and a massive amount of "Buck Passing"
C. C . County HUD manager - no name given , Jerry Burke , Keith
Axtell , Mr - Flo, and I was given the name of their Director -
R . J . DeMonte , which may or may not be the truth .
THE COMPLAINT
The problem Joe and I are having started for us on July 26 ,
1991When A Drug dealer started doing business right neXt store
to us and youth gangs , black , hispanic , male , and female
were congregatingon our lawnn and the people all kinds
of peopleback and forth both day and night . On the 26th
of July , 1991 , 1 called the 911 number for help since two gangs
were on our lawn , threatening to break into our home and beat us .
The 911 operator , both tone and content of questions was
different -tone was aggressive and the only deciding question
was "are firearms involved !"' I told my son and be said , "that ' s
bad mom, someday a nut is going to lie and say , yes , or some-
one will start thinking and have a gun waiting for the police':
Officer Garcia came by at about 9 : 95pm . His first statement
and what followed by him was an antagonistic tone . He said , "Why
do you live here? This neighborhood is rotten . Why Don ' t
you move? I replied gently , " I 've found that nowadays
neighborhoods may be great , but there is no proof that it
will stay good , there are no physical barriers that keep
out drugs , gangs , and violence.' I added , Is something
different , things sound different . " He answered , "things have
changed a lot . " Officer Garcia told me this was a neighbors
dispute and he could do nothing . He was only allowed to dis-
perse a group of people in a commercial area . Officer Garcia
left without saying anything to the gangs .
4
On July 28 , and Aug . 16 , I became a physical victim of the same
female gang member , named Amanda , who is the grand-daughter
of one of my neighbors . The same attitude by the police
antagonism. On Aug 16 , three police cars showed up after
Amanda ' s grandma called the police to tell them I had pointed a
gun at Amanda . I think this one has a case no . - 918293 ( I wasn ' t
told about this until Jan . 1992 ! Officer Hedley was plain
nasty. I had been pulled out of my home by a teen nut by my
hair , Amanda is screaming obsenities at me so loud , at least
nine neighbors and I are just standing there while Amanda ' s
male cousin is trying to pull Amanda home , and when grandma
gets home she calls the police and starts with the gun theme .
Officer Hedley was absolutely Obnoxious , he at first refused
to speak to any neighbors who had seen the whole mess- I finally
told him he had better get some information , them he separated Joe
and really upset him with totally inappropriate questions , like
"Why was he going to Pittsburg High School . When I told him the
question was irrelevant , I was told I was over reacting . He
inspected Joe ' s marksmanship rifle , which had been used once
by Joe at the Livermore Rifle Club, with his Sea Cadets and nine
marines back in the Spring of L991 .
I set up an appointment with Capt . Glenn for Aug . 27 , at gam .
I was scared to call the police and I was scared to go in and
complain to Capt . Glenn . I was advised by an acquatance , to
have a readout of any cases on file with our name on it . I
forgot to do that but I did find out in Jan , their is one
more -91-5103 , from May L991 , which can only be when I had Joe
placed in a special foster home so he could get ready for finals
and I could legally remove Joe with_= head , figuratively speaking ,
still attached , from the Antioch Jr . High School . Five other
families in Joe ' s pre-algebra class decided to make a deal
with Mr . Newell instead . I 'm glad every single day that we
decided to get out instead .
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CAREY BROS.
Finishes Reference Sheet
To Our Valued Customers:
The finish selections we have made for your project are the result of many years of exploring the quality
and reliability of the many products available to you. Beauty, function and value combined, along with a
hallmark manufacturer's guarantee, are at the heart of each item we recommend. Additionally,we want
to make this selection process as uncomplicated as possible for you, and are delighted to provide you with
this service.
You may, however,wish to supply your own allowance items (denoted in the job cost estimate by an
symbol). We are pleased to work with you in this regard, and will credit you for the total amount of any
product category specified in the job cost estimate. You are then free to purchase and supply those items
specified, and may even take advantage of our contractor's discount if offered by the vendor you choose to
deal with.
A few cautionary notes:
1. When supplying your own products you will be responsible for timely delivery (and delivery charges) to
the jobsite. It is not unusual for some specialty items to have lead times of up to four(4) months!
2. Not everything comes as a kit! You also accept the responsibility to provide all compatible
miscellaneous installation parts. For example:you'll need a drain for that shower pan, and a waste and
overflow for your new bathtub, and don't forget the air gap and the electrical pigtail for your new
dishwasher!
3. While the proper installation of a product,when performed by any of our qualified tradesmen, is our
warranted responsibility; the operation of any item supplied by you becomes yours,including the costs to
remove and replace a defective product!
VERY IMPORTANT NOTE: Due to delivery lead times and design requirements, it is essential to have
all finish selections made and confirmed at contract. Allowance items are ordered within five working
days of the contract date and any items omitted or exchanged after the contract date may be subject to a
manufacturer's restocking charge of up to 50% of the item cost!
The following list is to assist you in the self-selection of your finishes. It only suggests those establishments
that we have dealt with regularly, and does not in any way limit you to making selections at these
establishments.When making a selection,please be sure to have each sales representative that you deal
with complete an"in-house selection form"which will specifically detail manufacturer, size and color of
each product selected. Include model numbers where applicable. We will in turn get this information
from you, or in the case of your working with any of the below listed retailers, directly from the supplier.
Additionally,when selecting and supplying your own appliances and plumbing fixtures, a"manufacturer's
specification sheet" (cut-sheet)mist be submitted to us for distribution to the trades involved to insure
proper installation.
APPLIANCES
Friedman's Microwave and Appliance 510-602-1360 Office
2304 Monument Boulevard (next to Wards) 510-825-7878 Fax
Pleasant Hill, CA 94523510-757-7088 Home
Contact: Danny Johanson, Contractor Sales Representative
Note: Typically, due to the wide range of appliances available, and their specific arrangements, no
allowance is made in the job cost estimate for their purchase or delivery.
It is of utmost importance to obtain cut-sheets for XU your appliances as sizes, installation, plumbing and
electrical requirements vary greatly!
LIGHTING FIXTURES
Galaxy Lighting, Inc. 510-937-0622 Office
1385 Newell Avenue 510-937-0635 Fax
Walnut Creek, CA 94596
Contact: Barbara Rometti, Lighting Consultant
The Light Source 510-838-2929 Office
355 N. Hartz Avenue 510-838-7598 Fax
Danville, CA 94526
Contact: Tammy Breithaupt, Lighting Consultant
Note: Although an allowance has been made for most of the decorative lighting fixtures (including bulbs,
tax and delivery) to be used in your project, it is only a guideline to be used in selecting decorative fixtures
to suit your very specific lighting needs.
PLUMBING FIXTURES & TRIM
General Plumbing Supply 510-939-4622 Office
1530 San Luis Road 510-939-1548 Fax
(crnr. San Luis Rd. & North Main St.)
Walnut Creek, CA 94596
Contact: Victoria Rutolo, Fixture Consultant
Note: Very specific allowances have been made for the plumbing fixtures and trim to be used in your
project. Most are available for your viewing in our showroom.
When purchasing and supplying your own fixtures, it is of utmost importance to obtain cut-sheets for all
products selected, as sizes, installation,plumbing and electrical requirements vary greatly!
FINISH FLOORING
(Carpet/Linoleum/Hardwood)
Contemporary Floors 510-674-1023 Office
1915 H Arnold Industrial Way 510-674-0338 Fax
Concord, CA 94520
Contact: Lee Eliseian, Owner
Pam Rice, Flooring Consultant
Professional Flooring 510-671-2556 Office
2055 Commerce Avenue 510-798-3023 Fax
Concord, CA 94520
Contact: Jerry Hoobler, Owner
Note: Again, a very specific allowance has been made, and all sample books are available in our
showroom.
CERAMIC TILE, MARBLE AND GRANITE
Huntington Pacific Tile 510-689-0300 Office
1671 Challenge Drive 510-689-0483 Fax
Concord, CA 94520
Contact: David Bowles, Store Manager
Phil Smith,Tile Consultant
Elite Tile 510-932-4101 Office
2850 Camino Diablo 510-945-2744 Fax
Walnut Creek, CA 94596
Contact: Lance Hourany,Tile Consultant
Note: Our ceramic tile allowance is also very specific and includes field, splash, cap and trim tile and grout
costs.The product allowance is based on'Huntington Pacific Ceramics' Ceramasuede, Ceravision and
"The Compatibles" series, in a wide range of 4"x 4"and 6"x 6"tiles.
Tile installation is not an allowance, and is based on the installation of the above specified tile in a mortar
bed with 3/8" spread joint or standard tight joint.Any tile selection which varies from our standard may
significantly increase installation costs.
DOORS AND ENTRY SYSTEMS
Amex Door Company 510-427-7020 Office
161 Clark Avenue 510-427-1296 Fax
Pittsburg, CA 94565
Contact: Richard Narez, Owner
Feather River Doors 510-831-0655 Office
411 Hartz Avenue 510-831-1683 Fax
Danville, CA 94526
Contact: Scott Thomas
We hope you are pleased with the products we have selected for you, and that you will enjoy making your
color and style selections! If we can be of any assistance,whatsoever, please feel free to contact us!
CAREY BROS.
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CONFIDENTIAL
Antioch Unified School District
PSYCHOLOGICAL_ EVALUATION
Student: Joseph Bittner Birthdate: 5/ 1 ,1/76
School: Antioch Junior High School Grade: 7
Int--Dates: 9/7, 9/8, 9/ 1 1 , 9/ 12/89
Assessment by. Cheryl Jacques, School Psychologist
U��te of Report: 9/ 12/89
f. Reason for Referral and Background Information
Joseph is a 13-year-old student in his first year at Antioch Junior High.
This assessment was requested by Joseph's mother, Ms. Carol Bittner,
because of her concerns about. Joseph's previous diffictilties with learning.
Ms. Bittner is concerned that Joseph has been in need of special education
services from the Resource Specialist since his early years in school,
because he has always required extensive tutoring at home in order to keep
up with his schoolwork, sometimes reaching five hours a night in the last
two years. This extended effort by both mother and son has resulted in a
worsening depression for Joseph, according to Ms. Bittner. in addition, Mrs.
Bittner would like Joseph placed at MaFcus, a school for severely
emotionally disturbed (SED) and/or learning handicapped children. Joseph is
an only child who lives with his mother, who is a recovered alcoholic. His
father died when Joseph was five years old. His father was also an
alcoholic and had a history of "dyslexia," according to Joseph's mother.
Joseph has an extensive history of testing, and psychological evaluation and
intervention. According to a developmental history supplied by his mother,
at age three years Joseph was tested at George Miller East, where he was
found to have good motor skills despite being a "slow talker." Joseph was
retained in kindergarten at age 6-0 due to emotional immaturity, and
disruptions in the family household.
in April ol,984.(age 7- 10) and October 1987 (age 1 1-5), Joseph was assessed
with the Wechsler Intelligence Scale for Children-Revised (WISC`R). The
4/84 scores are the following:
CONFIDENTIAL_
Antioch Unif ied School District
PSYCHOLOGICAL EVALUATION(
Verbal Se& Scaled PerformanQ.e 5cale Scaled
Score Score
Information 9. Picture Completion 10
Similarities 12 Picture Arrangement It
Arithmetic 8 Block Design it
Vocabulary 9 Object Assembly 12
Comprehension 8 Coding 13
(Digit Span) 7
Verbal Scale: 94 Performance Scale: 109 Full-Scale: 101 (average range)
The 10/87 scores are the following:
Verbal Scale Scaled Performance Scale Scaled
Score Score
Information 10 Picture Completion 8
Similarities 9 Picture Arrangement 9
Arithmetic 9 Block Design 9
Vocabulary 12 Object Assembly 12
Comprehension 17 Coding 7
(Digit Span) 9
Verbal Scale: 106 Performance Scale: 106 Full-Scale: 106 (average range)
A psychological assessment conducted in 10/87 by Dwight Murray PhD,
concluded that although Joseph suffered from depression, he was a "normal
and healthy" boy. Dr. Murray's test results from the W15C-R, Rorschach,
DAP,.and Incomplete Sentences Blank indicated that there was "no
suggestion of deeper psychopathology...(the) unhappiness we see in Joey is
directly related to his difficulties in performing in school." Furthermore,
Dr. Murray noted that there was "no strong evidence of attentional deficit."
The diagnosis suggested as a result of Dr. Murray's testing was "impending
learning disability (and) mild adjustment disorder with depressed mood."
Dr. Pfeil Adams of Berkeley, has prescribed Prozac 10 mg once a day for
Joseph's signs of depression. According to his mother, these signs have
included low self-esteem, emotional mood swings, fatigue, and occasional
spit-injurious behaviors. According to both Joseph and his mother, these
behaviors have been typically associated with ,Joseph's homework sessions
' 3
CONFIDENTIAL
Antioch Unif led School District
PSYCHOLOGICAL_ EVALUATION
with his mother.
Joseph himself states that the Prozac helps him to sleep better, focus on
his schoolwork, and "not mope around the house." He takes it every morning,
and says he feels sleepy in the afternoons. Joseph also says that he enjoys
swimming, running, soccer, and Boy Scouts. In school he enjoys science, and
doesn't care for math.
A review of Joseph's cumulative file reveals the following academic
standardized testing scores from the Iowa Test of Basic Skills: '
rade 6 G.E. Nat'l %ile Grade 5 6.E. Nat'l %ile
Vocabulary 8.5 82 7. 1 77
Reading 7.3 60 6.9 71
Spelling 5.8 34 5.3 40
4
Capitalization 6. 1 38 6. 1 54
Punctuation 7.4 59 6.3 60
Usage 9.4 84 7.5 73
Language Total 7.21 56 6.3 60
Math Concepts 6. 1 33 4.7 22
Math Problems 6.9 52 5. 1 34
Math Computation 6.7 46 4.2 8
Math Total 6.6 46 4.7 17
Composite 6.9 52 6.0 56
11. 00servations
Joseph came willingly to the assessment sessions. He often came in before
school started. He was very pleasant, cooperative, and able to focus his
attention adequately on all problems that were presented to him. When not
sure of the answer, he smiled uncertainly, but denied feeling worried about
getting the right response. He was able to solve arithmetic problems
outside of the testing limits when asked to re-think ones he had missed. In
a task using blocks to reproduce abstract designs, Joseph used a trial-and-
error approach rather a systematic approach. Although he seemed uncertain
of his answers at times, he was willing to guess and/or elaborate when
asked to do so. Repeating back a series of unrelated numbers seemed to
cause him difficulty, particularly in digits backwards. He was not able to
i
' 4
CONFIDENTIAL
Antioch Unified School District
PSYCHOLOGICAL EVALUATION
repeat more than three digits backwards. Joseph stated that he also has
.some trouble in remembering directions.
III. Luting InstrWmpot , :sulta
Wechsler Intelligence Scale for Children--Revised (WISC-R): 9/7,9/8/89
Bender-Gestalt Visual-Irlotor Test: 9/8/89
Detroit Tests of Learning Aptitude (DTLA-2): 9/ 12/89
Draw-A-Person (DAP): 9/8/89
The W15C_R is an intelligence test for students, ages 6-0 to 16- 1 1 , that has
been in use since 1974. It contains 12 subtests, grouped into measurements
of verbal and non-verbal intelligence. Research has shown it to be a highly
reliable and a valid measurement of intelligence.
Verbal Scale Scaled Re_rfoE_W_Dce Scale Scaled
Score* Score"
Information 1 1 Picture Completion 13 (S)
Similarities i I Picture Arrangement 9
Arithmetic 7 Block Design 9
Vocabulary 12 Object Assembly 10
Comprehension 12 Coding 7
(Digit Span) 6 (W) (Mazes) 7
*7- 13 is the average range
(W = learning weaknesses, S = learning strengths)
Verbal Score: 97-109 (average)
Performance Score: 88- 1 14 (average)
Full Scale Score: 95- 105 (average)
Percentile: 50th
.Joseph's performance on the WISC—RR indicates that he is currently
functioning In the average range of intelligence, or at the 50th percentile
when compared to students his age in a national sample (scoring as well as
or better than 501% of students his age). The chance; that his tree ICS scores
fall in the ranges above are 90 out of 100.
• r.
5
CONFIDENTIAL
Antioch Unif ied School District
PSYCHOLOGICAL EVALUATION
Joseph's Performance and Verbal scores suggest that he expresses his
intelligence equally well in verbal and nonverbal tasks. However, a closer
analysis reveals that his verbal compreh D.ion, or ability to understand and
use verbal information, is currently at the 73rd percentile,- his perceptual
organization, or ability to perceive and organize nonverbal information, is
currently at the 56th percentile; while his ability to attend and concentrate
- is at the 7th erc t' __This informa ion ggests that Joseph may
experience anxiety about his performance in a testing situation which
I ;�4/L_l' interferes with his ability to work, despite apparently adequate attention to
�~ the task at hand.
Subtest comparisons indicate that, relative to his overall performance,
Joseph demonstrates an above-average strength in the following areas:
V�
word knowledge
common sense
social judgment
visual alertness
Relative to national norms, Joseph has average ability in the following
areas:
general information
degree of abstract thinking
cause and of fect relationships
nonverbal reasoning
evaluation and use of past experience
anticipation of relationships among parts
His relatively weaker areas include the following:
numerical reasoning
short-term auditory memory
psychomotor speed
ability to respond when uncertain.
DTLA-2
Subtests vile Standard Scores
Sentence Imitation 63 11
Word Sequences 63 11
(7- 13 is the average range)
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6
CONFIDENTIAI-
Antioch Unified School District
PSYCHOLOGICAL EVALUATION
fender-Qestalt Visual Motor Test
Chronological Age: 13-3
Age Equivalent: 10-0 to 10- 1 1
Percentile: 50th for 12-year-olds
(one error, Koppitz scoring)
Draw-A-Person
Chonological Age: 13-3
Age-Equivalent Score: 8-6
Joseph's scores on the above subtests do not suggest a weakness in short-
term auditory memory. However, his ability to remember a short series of
unconnected words and sentences is stronger (and is In the average range)
than his ability to remember a series of numbers (Digit Span). This finding
suggests that Joseph's memory for words and sentences is better developed
than his memory for numbers.
One error of incorrect angles was noted in the Bender. The test results do
not indicate overt Impairment in hand-eye coordination.
The DAP, or Human Figure Drawing, is a projective test in which the student
is asked to draw a person to the best of his ability. Students often draw
themselves. Joseph's drawing has the appearance of a younger student, and,
in addition, suggests tension or anxiety. He drew a large figure of his
mother, f Ming ing the page. The drawing suggests that Joseph experiences his
mother as a strong presence with whom he may identify as a source of
strength. It also may be possible that Joseph is overly dependent upon his
mother for structure and decision-making.
IV. Summary and Re&ommendations
Joseph is a pleasant, capable 13-year-old boy who showed no overt signs of
emotional distress in either test performance or response content. He
seemed happy and excited to be in junior high school, although he expressed
worries about being able to handle the work. Despite his worries about his
test performance, Joseph's cognitive functioning is currently in the average
range. His intellectual capability has now been assessed three times with
7
CONFIDENTIAL
Antioch Unified School District
PSYCHOLOGICAL EVALUATION
the 5arne instrument (WISC-R), at ages 7- 10, 1 1 --5, and 13-3, and has been
found to be in the normal range. Test data indicate that at this time Joseph
d, es not seem to have a learningdisability. Fie seems to have compensated
-------------------------
for any learning weaknesses that he may have experienced in grade school.
Compensation has been due to ,Joseph's intellectual ahiliLy, intensive home
support, psychotherapy with Dr. Hurray ,and possibly, psychotropic
medlicaLion. Of interest is the comparison of Joseph's standardized
academic testing (ITBS) from grade 5 with grade 6- his math scores are
significantly higher in sixth-grade. Joseph says this is due to his
medication, as he is able focus his attention more efficiently.
Of some concern to Ms. Bittner is the fact that Joseph seems to neer]
intensive support at home with homework. Her efforts to provide .Joseph
with tutoring, supplementary work, and homework supervision are
admirable. She is very concerned that Joseph receive some assistance with
his schoolwork so that he will not suffer a loss of self-esteem about his
ability to achieve academic success. Ms Bittner recoqnizes that there_ar-e
difficulties for both parent ! hlld withat-homes tutoring and she would
like Joseph toreceive a5-s.i_s-taac_e-._fr_.om--the_.-school. In addition, she is
supportive of Joseph's remaining at Antioch Junior High as long as he
supported in his learning process. Areas of particular difficulty for Joseph
are writing assignments and math homework. In fact, he was observed to be
palpably anxious about his first math homework, a geometry review. When
provided with structure and support, however, Joseph was able to organize
his problem-solving capacities, and complete his homework in an hour's
time at home.
I t is recommended that Joseph have increased support in the regular
classroom, such as peer tutoring, continued tutoring in areas of gjftiC_LLlty-__
outside of the home, a library or study period during the school clay In which
he could receive assistance with schoolwork, and/or regular contact with
designated faculty.
10/9/69 UPDATE
Numerous contacts have been made with ,Jo5eph's regular education teachers
in order to clarify homework assignments, and receive guidance about the
most efficient way to get the homework done. Al l of Joseph's teachers are
' n
CONFIDENTIAL
Antioch Unified School District
PSYCHOLOGICAL EVALUATION
supportive of his remaining in their classes. The teachers are unanimous in
their opinion that Joseph is a capable student who is performing at the
average 7th-grade level. Joseph's behavior in his math class is at times
disruptive, according to his teacher, and .Joseph sometimes seems to have "a
chip on his shoulder."
Joseph's academic and emotional needs have been addressed by the Student
Study Team, which recommended that Joseph be paired with a capable,
organized 9th-grade student for tutoring and for use as a role model. Joseph
has been introduced to the school librarian who reports that he comes in
frequently and asks for assistance.
Observations of Joseph's approach to his homework have been that he needs
guidance in organizing and getting started. Once given a structured
approach, he functions capably on his own. The suggestion has been made to
Joseph that he complete all homework at school, thus freeing up his
evenings. He states that he and his mother are in conflict and emotional
upset every night about his-homework assignments. Mrs. Bittner is fully
aware of these ideas, but is reluctant to stop trying to help him with his
work. She fears that he will suffer a worsening depression if he starts to
slip in school.
Mrs. Bittner and Joseph are requesting at this time that Joseph be placed at
Marcus School. Joseph says.this idea comes part from himself and part from
his mom. Mrs. Bittner says that Joseph is experiencing more distress at
home with increasing classroom demands. Both mother and son appear
increasingly agitated; Joseph Is frequently in the f irst aid office
complaining of stomach aches. It is not recommended that Joseph be
considered as Severely Emotionally Disturbed because he does not meet the
current criteria, defined under educational law (PL) 94- 142. These criteria ` 2
are*
4 1 ) an inability to learn (Joseph is passing his courses);
2) an inability to build or maintain satisfactory interpersonal
relationships (Joseph has friends at school with whom he hangs out);
3) inappropriate types of behavior or feelings under normal
circumstances (no evidence of bizarre behavior);
9
CONFIDENTIAL
Antioch Unified School District
PSYCHOLOGICAL- EVALUATION
/4) pervasive mood of unhappiness or depression (Joseph is not perceivede4l,6�v I
by his teachers or counselors as unhappy),
5) tendency to develop physical symptoms or fears associated w i Lh
persona) or school problems.
Further discussion and recommendations regarding Joseph's educational
program will be made at the upcoming IEP meeting.
Respectfully submitted,
Nqb-ffl
411
I ,
DWIGHT R. MURRAY, PH.D.
%LICENSED PS'Y01OLCGISr
+ 2817 Craw Canyon Rc�, Shite 202
i San Ramon, California 94583
November 19 , 1987 (415) 820-0975
CONFIDENTIAL
PSYCHOLOGICAL REPORT
Client: Joey Bittner Referred bv: Dr. Adams
Address : 2309 Peppertree Way3 Evaluator: Dr. Murrav
Antioch, CA 94509
Insurance: :Medi-Cal
Date cf Birth: 5/14/76
Location: Office
2�,qe: 11-5
TESTS ADMINISTERED: DATES ADMN: 10/23/37 &
10/30/37
Wechsler Intelligence Scale for Children-Revised (WISC-R)
Bender Gestalt plus Recall
Wide Range Achievement Test-Revised (WRAT-R)
Vineland Social Maturity Scale
Berman Apperception Test (BAT)
Rorschach
Incomplete Sentences Blank (ISB)
Draw-a-Person (DAP)
Draw-a-House
Draw-a-Bicycle
Draw-a-Flower
INTERVIEW WITH MOTHER ,
On 10/23/87 , a pretest conference was held with Ms. Carol
Bittner, Joey's mother. Ms. Bittner expressed concern about
Joey's progress in school , noting that he was an excellent reader
but was not good at comprehension and was having difficulty in
math. She sees her son as an emotionally immature child who has
recently given up on himself. The mother says that she has
tutored him, but much to her regret the extra help has made hire
strong enough that he does not qualify for Special Education
programs and the tutoring, she feels , has damaged her
relation'ship with him. She has also been involved in controversy
with the school over his lack of progress academically.
Ms. Bittner sees -.Joey as having.--difficulty focusing, problems
concentrating, and says that he panics when he can 't get
something correct and sees himself as "stupid." She notes that
he is very good at soccer and is highly involved. She says he is
in Boy Scouts and loves the challenge of that involvement. She
does not believe there is any involvement of alcohol or drug
abuse in this case .
PSYCWIIERAPY * CDU1Ea NG * PSYCMC99IAG sWrICS
3ittner, Joev
'icvemuer 19 , _98'-
Paae,
is. Bittner :-votes that there is a family history of acute
dyslexia. She says that Joey' s natural father was dvslexi c but
ccmpensated well for it, rising to the rank of Master Sergeant in
U.S. Armv. She also indicates that Joev's father died When
Joey :•:as fiJve years of age. Ms . Bittner is a recovering
alcoholic, --dho may well have had an attentior,al deficit herself,
and s)yS s;ne.. : as held back irk kinderra/r/t//en. /
')1.c:.i . i�%ij �?C61 !d�u�n!_. (moi:-;�Y_._ �y=N C:.-1�-__ /:]) � C,,.%�:�-''�:%:?!�i�.;yam;�L� ,-' (_.::�•.
Joev '.gad been a, f iith grader at Marsh Elementary, ;out is now at
Kimball , which he apparently likes better. Ms. Bittner indicates
that Joey seems depressed to her and low in self-esteem. She
also :ponders whether he is learning disab 1 ed or dys 1 exic. He has
complained of headaches, which at one time were considered to be
stress. But recently he has been prescribed eveglasses , which
mai- reduce his tendency toward headaches.
Ms. Bittner notes that she drank for one month of her pregnancy
with Joey, but stopped after that. She noted that tine father
continued to drink. . She added that Joey's father's mother drank
during her entire pregnancy and died of alcoholism when the
father was about five. Ms. Bittner had a three-hour labor with
Joey. It should be noted that she had had three miscarriages
prior to having him. She was on antibiotics just before becoming
pregnant with Joey. She says that he was a fast walker but a
slow talker. He was tested at George Miller East at age three
and one-half, and was found to be normal . She describes him as
having good motor skills and always being athletic. He was held
back in kindergarten, because he was not ready to attend enough
to handle advance grades. She says that he relates better to
adults than to children, enjoyed counting money as a child, and
is good at calculating but has great difficulty with word
problems in math. She feels that he is an auditory learner, but
not a visual learner. She describes Joev as stubborn, digging in
his heels, desperate for "a family," and often quite nervous.
INTERVIEW AND PERSONAL HISTORY
Joey Bittner presented as a cute, normal -appea2zing, Caucasian
male, eleven years of age. He had short brown" hair, was good
looking, wore blue pants and a plaid jacket, and seemed alert and
polite. He displayed a sense of humor but became easily
-frustrated and cried when he did not perform a task.
joey did not know where he was born, but did note that his father
:corked in missiles
until his death. He thought he died When Jcev
was six or seven, but his mother says that he died when --his
Was five. � Toe
Bittner, J oev
*dovember 19 , 1987
Page J ("JA '
Joey notes -:lat(hi s mother remarri ed,nd worked as a "nurse" i n
an emergency rood He did not know t'_ye name of the hesoi tal. He
says she now does some in-home nursing. He denies anv earlier
church influences but says he is now involved in the Pentecostal
faith at the Christian Life Center. He is an only child. Joey
is it fifth grade, receiving no Special Education, and is right-
handed, right-footed, and right-eyed.
when asked what he thought was the difficulty in schooling, Joey
responded, "They're not running the school right." He says that
<.'i- '�''•,.._� the principal has placed all of the chi ldren with nrobl ems in one
` class. He says that PiY Fong, Y d
� . on , his previous reache_ , had a
"nervous breakdown" and had to leave after almost 20 years of
teaching to take an early retirement due to the placement policy
of problem kids. He says that his current teacher, Mr. Shulte,
is unable to control the class, which results in his not being
able to lean.. He also noted that his class was one of four
fifth-grade classes in Marsh School , but the only one which was
run by a man.
About Kimball School , Joey indicated he. enjoyed working at his
own pace and said, "They don't pound questions into you.,,
TEST RESULTS AND DISCUSSION
Intellectual Evaluation: Joey attained a Full Scale W.ISC-R
Intelligence Quotient of 106, which falls in the average range of
intellectual functioning. His Verbals Intelligence Quotient was
106, and his Performance Intelligence Quotient was 106. Peak
scores suggest a potential of Bright Normal to Superior.
The following is a breakdown of Joey' s WISC-R Scaled Scores :
VERBAL SUBTEST SCALED SCORES PERFORMANCE SUBTEST SCALED SCORES
Information 10 Picture Completion 3
Digit Span 9 Picture arrangement 9
Vocabulary 12 Block Design 9
Arithmetic 9 Object Assembly 12
Comprehension 17 Coding 7
Similarities 9 Mazes 8
Joey's fund of previously acquired information fell in the
Average range, but revealed significant scatter. He knew iters
which were far more sophisticated than items which he missed.
Most of these, he had gleaned from reading on his own or from
television. For example, he knew why oil floats on crater and
knew the main ingredient in glass. Yet he did not know simpler
items which should have been acquired by fourth grade in school.
1
i
4i_ner, Joey
19 , 1587
aqe Y
ese included --he month -;:hich contains an extra day during leap
year, the inventor o.z the electric light bulb, and the country
_rem :which the United States became independent in 1776. He did
not even know which countries border on the United States.
"'-rbal concept formation (Similarities) was also ' verage,
including parallels for pairings such as "elbow and knee, " "pound
.end yard, " and "anger and joy." Interestingly, he did not note
e a t coho l is content -:;hen Providing a para 1 1 e i between "beer and
ne." Ari t .metic fe11 in the Average range, containing all
major operations. But I found that he quit very easily on story
Ureblems and became frustrated at his inability to hold the
_roblem in his head. Vocabulary fell in the Bright Normal range,
and contained definitions for words such as "fable, " "hazardous, "
and "mantis." Comprehension fell in the Very Superior range,
indicating an exceptional "common sense" understanding of how the
world works. Joey was able to explain the function of a meat
i. spector in a meat packing plant, knew why we have license
plates on cars, understood the function of a charity, was able to
explain why a promise should be kept, and has a firm grasp on the
reasons that we use senators and congressmen in our political
system. Span of attention and immediate (working) memory (Digit
Span) was Average, being comprised of 6 digits forward but only 3
digits backward.. The low digits backward score is generally
associated with neurodevelopmental difficulties.
Cn the Performance side, Joey's attention to visual detail
(?acture Completion) was Dull Normal for his age. Visual
sequencing (Picture Arrangement) was Average, suggesting` an
adequate and manipulate social situations.
----
-----------
la - -.. -
e_�everL m incgl�low when_contrasted with his....
h_gh comprehens ' o='Ls��re,_suggesting that-he_may be the kind of
child—Ao is easy l ma_� _bulat-ed others because he noes not
Y_. - - - ----- _.
r - •—__ -----
f" lv understand the consequences of his actions. This low score
ceY-ain'ly speaks to his mother's portrayal of him as immature for
s age. His capacity for organizing physical objects into
�stract gestalts (Block Design) was Average but presented a
a-eat deal o.- frustration for him. It was during this task that
;.e began to cry because he could not do some of the more
difficult items. when I explained to him that he was 'performing
:.;ell above his age level , this attempt at consoling him was
unsuccessful . Constructive ability (object Assembly) was Bright
�torrna1 . He operated by trial and error, but was erf cient and
orc�ani zed. Coding fell in the Dull Normal range, suggesting only
fair visuomotor coordination and motor persistence. ?ract4cai
probleTM�-sclvi*�g (Piazes) was also Dull Normal and frustrating to
`l i:r when he mace mistar:es.
" t,�ner, Joe ;
November 19 , 1987
Page 5
On zhe WRAT-Z, Joev's abilit-y, to sound out words (Reading) .•;aS
.:e11 above grade level , falling at the 3 . 2 -year level .
Comprehension was not tested. In spelling, Joey was at grade
level, with a 5.5 level. This included spelling for .lords such
as "kitchen, " "advice, " "brief," and "imaginarv." Arithmetic, on
the other hand, fell at the 3 . 3 grade level , well below what
<<igr.t be expected for a child in the middle of fifth grade. It
should be borne in mind, as well , that these were not story
p robl ems but straight calculation, problems. Difficulties lay
primarily with fractions and long division. He claims to have
not had these introduced to him yet, which is somewhat muzzling
because it is my recollection that division is a fourth grade
curriculum item.
Joey's rendering of the Eender Gestalt figures was suggestive of
minimal -to-mild neurodevelopmental difficulties, but in al .!
honesty was not that bad. There was some tendency toward
elaboration, and some difficulties with angulation. On the other
hand, recall appeared to be almost indicative of organic
impairment. The protocol contained elaborations, distortions,
and fairly poor recall . Further, his rendering of a bicycle
contained no pedals, and no connection between the seat and the
frame. When this is viewed alongside his rendering of a house
and his very inadequate rendering of a daisy, one wonders if
there is not present some neurodevelopmental difficulty in this
child. I certainly could not call him dyslexic by any stretch of
the imagination, but there does appear to be more operating here-
than
erethan merely a child rAct being presented with sufficient
opportunities to learn. A review of Joey's developmental reading
tests, administered by his teacher, Mr. Shulte, indicates that he
is below grade level approximately one year in reading for
interpretation, reading for appreciation, and creative
comprehension. All other areas are at grade level or above.
emotional Evaluation:
Joey did reveal some evidence of mild depression, centered around
his perceived lack of abilities and the fact that he is not doing
well in life. On the BAT, there were themes of being "tired, "
"not getting enough attention, " and "being ignored." There is
certainly some suggestion of lowered self-esteem; and his
behavior in the test session suggests a low frustration for
tolerance in that he cried when he could not complete �_ffic.:lt
tasks .
Bittner, Joey
iicvember 19 , l08
Page 5
On tLe other hand, Joey did not score as having more serious
emotional di�.�icultieS. His -Rorschach was quite normal , not
containing any bi^arreness or deteriorating form level . His
=:uman figure drawings (DAP) were both normal figures :•lit;` srlili.l:g
faces. I•lost of his answers on the Incomplete Sentences Blank
were uuite healthy, and there was no suggestion of deeper nsycno-
oatho l orjv. This leads me to believe that the unhat_�p_ness ode see
in joev is directly related zo his difficulties in oerfarminq in
school .
SUI•TMARY AND IONS
Joey Bittner is an eleven-year-old Caucasian male, who has had
some difficulties academically and is now behind in certain areas
of reading, as well as in math. He has recently changed schools
to one :which is less structured and allows children to :work at
their own pace . He likes the new situation getter.
intellectually, Joey is potentially a very bright child, perhaps
as high as Superior or Very Superior in his overall ability. in
the current assessment, he fell within the Average range, with a
Full Scale WISC-R Intelligence Quotient of 106 , a Verbal
ntelligence Quotient of 106, and a Performance Intelligence
Quotient of 106. He was Very Superior in "common sense"; Bright
Normal in vocabulary and constructive ability; Average in -fac�ual
information, verbal concept formation, math, span of attention,
"social savvy, " and abstract design; and Dull Normal in coding
and practical problem solving, as well as attention to visual
detail . There was no strong evidence of an attentiona 1 deficit, a
but neurodevelopmental difficulties could not be totally ruled
out.
Vfte diagnostic impression is an Impending Learning Disability
with respect to math and perhaps reading comprehension, and a
IAi 1 d Disorder with Depressed Mood as a result of his
academic problems. While it is certainly the case that Joey is
not far enough below anticipated grade level to aualifv for a
scecial day care program, _= does appear that he is in need of
tutoring in the areas of math and reading comprehension. Of
course, ,he is caucL.t' iI: a C tr;l 22 , it�that__the more h_e does
pcorly in these areas , the worse he feels _ab.o_ut hi lis�lf, . and
^�Ye 4e.-_� n.e...`more depressed -rye becomes--resulting In doing
. ..._
poorer... in school . He :i_s currently assigned to see me in some
suD-cortiVe psvChotheraDy in an attempt to build his self-e steem
and lift the depression. But the point- at which this cvc_e must
ac--,Li a.11•� be broken to provide him with additional assistance
�.. his acade;tics so that he oerforms better.
.P
.3ir_tner, Joey
November 19 , 1987
Pace 7
There are some things about Joey's situation which are perturbing
to me. As noted above, he is clearly a bright child who has
learned a great deal on his own, yet has deficits in areas which
should have been presented to him by third or fourth grade.
Z urther, this is a young man Faith a great deal of "common sense"
...Jho can articulate that his school is not being run properly and
he 'Knows he is not learning what he :should be learning. I do not
know the current reauiwements for placement with a resource
specialist, out it is recommended that that avenue be explored.
That failing, it is recommended that in conjunction wi Joey
seeing me for some supportive psychotnerapy, he be provided witiz
a private tutor in the areas of math and reading comprehension.
is My opinion that failure to intervene in a timely fashion in
this case may well result in Joev's becoming learning d i sabled
and ultimately a school dropout— It is not at all unusual for
such children to wind up in the criminal justice system, the
:rental health system, and/or on the welfare roles. Timely
intervention can prevent such a travesty.
Dwight R. Murray, Ph. D.
Licensed Psychologist, (PA4034)
Fellow and Diplomate ABMP
DRM/pa
` lt
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/ /
` {
�
\ | August 30, 1989
/
/
|
! i
^
l .
TO 9H09 IT MAY C00CCDN:
| .
� I have been professionally involved with Joey Bittner for approximately two
years, hnch as an evaluator and as o psychotherapist-. Ms. Carol Bittner,
Joey's mother, has asked me to offer my opinion an to Joey's readiness for
�
progression into Junior High.
�
As you may know, there has been an ongoing difference of opinion between Mo.
Bittner and school officials as to Joey's status and nrogreso, almost from
!
the very beginning. The District's position has consistently been that there
�
was nothing wrong with Joey (and that the nerceptloo that there was a prohlem
was all in his mother's mind) .
�
~ � Hs' Bittner, on the ocher hand, has found herself tutoring Joey for several
|
' |
hours per night, just so be could keen op, Toward the end of the 1988-89
_ !
school year, I advised Mu. Bittner to stop the tutoring to determine 6o= Joey
would do no his nwo' Dnch Joey and his mother renwrted to me that they had
been told by his teacher that be thereafter started flunking two or perhaps
even three aob]ecta. I attended a meeting in June regarding Joey, and was u-
^' | � mamed to bear that be was somehow miraculously naao1oe all subjects! (Joey
told me that at the point that his mother stopped tutoring him, he was allowed
. toredo his work in the classroom, over and over, uo�iI l� appeared that he
- | ` -��------
ho'J mastered it' ) '
' l
To help resolve the confusion, I per�'ormed a formal evaluation on Joey' Re
tell in the Average Range on the WISC-D. Since he is supposedly o C-Student,
it would appear, on the surface, that Joey is performing at eoDectanry' But
�
his 10 was lowered by lack of formal learning, so there is actually o wide
disparity between noteotiml and nerformaoce'
'
`.`
i Further, Joey's Comprehension ("common aeoae") score '�ell at the 99'9 Percentile,
while other scores were on low as the 9th Percentile! This is clearly not a
/
normal profile. In addition, Joey is depressed and receives both chemotherapy
and psychotherapy for his condition. It is clear that this child needs special
,
help.
! '
I realize there are administrative pressures not to hold children beck' And I
fdrthar realize that, tinder current guidelines, Joey does not technically quaIl-
| fy for an L8 Self-contained class (although, u few yeoro ago, he would have).
)
� | But for the sake of putting up a unified front and being good "ream Players",
� I'm afraid that the District is about to allow Joey to fall through tbe,cracku.
C`0U[����/��l�) " /`{)[l�(]/frlf�{)�]
Pare cn
I feel strongly that Joey Pittner should not he nromoted to Junior High
without at least a Resource Specialist or some other frpm of special. edu-
cation. Such intervention is necessary in order to avert a Personal tra-
gedy and to avert this m.itter escalating to a Fair Hearing or more drastic
legal measures.
Thank you for your kind attention to this i.mnortant matter. Should vote
have any further cme,�;tions, please feel. free to call..
Sincerely,
DWTCPT R. MURRAY, P}?.D. 71
Licensed Psychologist (PA 4034)
Fellow & Dip.lomate, American
Board of Medical Psvchother.apists
i
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P 387 385 648
Receipt for
Certified Mai!
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a
I T0: City Clerk's Office
City of Antioch
2 Third & H Streets
P. O. Box 130
3 Antioch, CA 94509
4 FROM: Ms. Carol Bittner,
For Herself as an Individual
5 and on behalf of Her. Son a Minor,
Joseph Bittner,
6 2309 Peppertree Way, Apt 3
Antioch, CA 94509
7 Telephone (510) 778-6078
8
RE: Notice of Claim against the City of Antioch, Antioch,
9 California for Arrest of Joseph Bittner on December 12,
19911 and continued detention up and until January 3,
10 1992, and claims of damage.
11
This complaint and claim is filed to formally charge the City
12 of Antioch, Antioch Police Department and its Police Officers with
violation of rights of the Ms. Carol Bittner and of her Son, Joseph
13 Bittner, and to hereby make a claim for all damages suffered as a
result of the violation of those rights.
14
15
16 GENERAL DESCRIPTION, BACKGROUND AND STATEMENT OF FACTS
17 On . December 12, 1991, a telephone request for police
18 assistance . from the Antioch Police Department, telephone Number
19 778-2441 was made by Ms. Bittner, and Police Officers Huyssoon and
20 Friday of the Department responded to that request. The specific
21 request was made of the officers to assist Ms. Bittner in getting
22 Joseph Bittner, her minor son, into her car so she could take him
23 to the Contra Costa County Psychiatric Ward for evaluation at the
24 suggestion of Dr. Leonard Lanes, psychiatrist. Before t h e
25 arrival of the Police Officers, Joseph Bittner had gone to the home
26 of George and Betty Burnett, 2316 Lemontree Way, Apt. #2, Antioch,
27
28 1
1 CA 94509, (George Burnett, a Board Member of the Contra Loma
2 Estates) .
3 The Police Officers arrived at the Bittner home, spoke with
4 Ms. Bittner, and proceeded to the Burnetts home. Ms. Bittner
5 followed immediately thereafter. Upon Ms. Bittner's arrival at the
6 Burnetts' home, Ms. Bittner was approached by Police Officer Friday
7 and yelled at by stating that you take medicine and what were the
8 doctor's numbers-(707) 745-5924 and (707) 724-7562. Police Officer
9 Huyssoon told Ms. Bittner that they were not going to let her take
10 Joseph to the hospital. Instead Ms. Bittner was told by the Police
11 Officer Huyssoon that Joseph would be kept there at the Burnett's
12 home.
13 When Ms. Bittner continued to passively inquire about the
14 Police Officers actions, she was forcefully told by Officer Friday
15 not to argue with the Of f icers. • The Of f icers continued and Of f icer
16 Huyssoon stated to Ms. Bittner that the Officers would see to it
17 that Joseph's Worker would take care of Joseph in the morning.
18 Ms. Bittner calmly suggested to the Police Officers that they take
19 legal custody of Joseph. Officer Friday reaffirmed to Ms. Bittner
201 that she was not cooperating and that Joseph was staying with the
21 Burnetts. Officer Friday further stated to Ms. Bittner that the
22 best thing for her to do was to say good night. The Officers
23 returned to the inside of the Burnett's home.
24 In a further attempt to contact her son, Ms. Bittner
25 immediately returned to her home and placed a phone call to the
26 home of the Burnetts. Officer Huyssoon answered the phone at the
27
28 2
1 Burnetts home and informed Ms. Bittner of the Antioch Police
2 Department Case Number 91-12693 and gave her the name of Police
3 Office Friday whose name Ms. Bittner had not know before the phone
4 call.
5 Ms. Bittner being concerned about her immediate arrest,
6 disturbing the peace, eviction from her apartment, and harm by the
7 Police Officers made no further attempts to contact her son being
8 held at the home of the Burnetts under control and Custody of the
9 Police
10 Officers.
11 No .allegation of wrong doing or charges of violation of any
12 law were ever made by the Police Officers or at any time by the
13 Antioch Police Department.
14 The following morning of December 13, 1991, Ms. Bittner called
15 Antioch Police Department's Captain Glenn and told him of how
16 Joseph had been removed from her care and control. Captain Glen
17 replied to Ms. Bittner that they (Police Officers) cannot do that.
18 Ms. Bittner replied but that they had done that to her.
19 From the date of December 13 , 1991, until January 3 , 1993, Ms.
20 Bittner spoke with numerous persons in an attempt to regain the
21 care and control of her son. Those people included Police Officers
22 Huyssoon and Friday, CPS Dehring Sabika, Public Defender of
23 Richmond Jean Sherman, Dan– — Dr. Richard
24 O'Brochta, Ms. Stein the Social Security Supervisor Pittsburg Area,
25 On subsequent dates between December 13, 1991, and January 3 ,
26 1991, Ms. Bittner has been told by Police Officer Huyssoon that her
27
28 3
I case is under investigation by the Antioch Police Department On
2 December 13, 1991, Officer Huyssoon told Bittner that the case has
3 been turned over to the Children's Protective Services to a Ms.
4 Dehring and she should be contacted. Late afternoon contact was
5 made with Chief of Police Glenn at 779-4796 who stated that he was
6 having a communications problem with Ms. Bittner. On December 16,
7 1991, contact by my Stein of Pittsburg Social Security at 439-0945
8 called police and was informed that the case had been closed.
9
10
11 COMPLAINT
12 Ms. Carol Bittner, herein referred to as Plaintiff, and her
13 son Joseph Bittner, herein referred to as Plaintiff's son,
14 appearing without counsel, do hereby allege and complain as
15 follows:
16 1. This complaint is to the City of Antioch and the to
17 Antioch Police Department to redress the plaintiff and plaintiff's
18 son for damage and deprivation suffered by them at the hands of the
19 City of Antioch and the Antioch Police Department under the color
20 of statute, ordinance, regulation, custom or usage of a right,
21 privilege and immunity secured to plaintiff and plaintiff's son by
22 the Fourteenth Amendment to the United States Constitution and
23 Title 42 United Stated Codes, Sections 1983 and 1985, and arising
24 under laws and statutes of the State of California.
25 2 . At all material times plaintiff and plaintiff's son were,
26 and still remain, citizens of these United States of America and
27
28 4
I reside in the City of Antioch, County of Contra Costa, State of
2 California, and entitled to the protection of the aforementioned
3 laws.
4 3 . At all material times Police Officers, Huyssoon and
5 Friday, were duly appointed and were acting police officers of the
6 Antioch Police Department. At all times said police officers were
7 acting under the color of their official capacity as officers of
8 that Department and their acts complained of were performed under
9 color of law.
10 4. At all material times Police Officers, Huyssoon and
11 Friday, were servants, agents and employees of the Antioch Police
12 Department and City of Antioch, so that their acts are- imputed to
13 the Antioch Police Department and City of Antioch. The Officers
14 were acting pursuant to orders and directives of the Antioch Police
15 Department and City of Antioch provided to them. The Officers,
16 separately and in concert, acted under color and pretense of law,
17 to wit, under color of the statutes, ordinances, regulations,
18 customs and usage of the Department, so recklessly and with callous
19 disregard for plaintiff's and plaintiff 's son's rights, deprived
20 plaintiff and plaintiff's son of the rights, privileges and
21 immunities secured to both by operation of law.
22
23 FIRST COUNT
24 5. On December 12 , 1992, plaintiff's son was taken into
25 custody by Police Officers, Huyssoon and Friday, and placed in
26 custody at the home of the Burnetts without provocation, legal or
27
28 5
1 just cause, depriving plaintiff 's son of his rights, privileges and
2 immunities due to him.
3 6. Plaintiff's son was confined, at all material times, in
4 the home of the Burnetts, plaintiff was prevented from seeing or
5 having contact with her son, and the Police Officers refused to
6 allow plaintiff to provide physical and psychiatric care and attend
7 an appointment with Dwight Murray, Psychologist at 778-1444.
8 7. Police Officers, Huyssoon and Friday, individually in
9 concert with others outside the scope of their jurisdiction as
10 police officers, acted willfully, knowingly and .purposefully with
11 the specific intent to deprive plaintiff's son of his right to be
12 in the care of his mother and allow her to direct his activities,
13 and with reckless and callous disregard to plaintiff's son's rights
14 of:
15 (a) freedom from illegal confinement and false imprisonment
16 in the Burnetts home;
17 (b) freedom from intentional infliction of mental suffering
18 and emotional distress;
19 (c) assault and battery.
20 8. All of these rights and freedoms are secured to
21 plaintiff's son by the provisions of the Due Process Clause of the
22 Fifth and Fourteenth Amendments to the United States Constitution,
23 Title 42 United States Codes, Sections 1983 and 1985, and Title 18
24 United States Codes, Section 245.
25
26 WHEREFORE, plaintiff demands compensation for the conduct of
27
28 6
1 the Police Officers in an amount that would place it within the
2 jurisdiction of the Superior Court. The claim is based on
3 Violation of Due Process Clause in an amount to be proved later.
4
5 SECOND COUNT
6 9. Allegations and statements contained in paragraphs 1
7 through 8 above are incorporated herein as if set forth again in
8 full.
9 10. The intentional acts complained of constitute assault and
10 battery on plaintiff's son.
11
12 WHEREFORE, plaintiff demands compensation for the conduct of
13 the Police Officers in an amount that would place it within the
14 jurisdiction of the Superior Court. The claim is based on
15 assault and battery in an amount to be proved later.
16
17 THIRD COUNT
18 11. The Allegations contained in paragraphs 1 through 10 are
19 incorporated herein as if set forth again in full.
20 12 . As a direct and proximate result of acts of the Police
21 Officers intentional acts, plaintiff 's son suffered mental pain and
22 emotion distress, and will continue to so suffer into the future.
23
24 WHEREFORE, plaintiff demands compensation for the conduct of
25 the Police Officers in an amount that would place it within the
26 jurisdiction of the Superior Court. The claim is based on
27
28.1 7
1 Intentional infliction of mental pain and emotional stress in an
2 amount to be proved later.
3
4 FOURTH COUNT
5 13 . The allegations contained in paragraphs 1 through 12 are
6 incorporated herein as if set forth again in full.
7 14. The City of Antioch and Antioch Police Department
8 recklessly, and with callous disregard for the rights of plaintiff
9 and plaintiff 's son, trained, encouraged and allowed the Police
10 Officers to disregard the rights of plaintiff and plaintiff's son,
11 as set forth and implemented in policy and practice regarding
12 detention of individuals, such as plaintiff's son, to deprive him
13 of treatment while in custody.
14 15. As a direct result of the City of Antioch and Antioch
15 Police Department's callous and reckless disregard of the rights of
16 plaintiff's son, through its training, encouraging and allowing its
17 Police Officers to disregard the rights of the plaintiff's son,
18 plaintiff's son was denied the rights secured unto him by the due
19 process clause of the Fifth and Fourteenth Amendments of the
20 Constitution, Title 42, United States Codes, Sections 1983 and
21 1985, and by Title 18, United States Codes, Section 245.
22 16. As a direct result of the City of Antioch and Antioch
23 Police Department's callous and reckless disregard of the rights of
24 plaintiff 's son, plaintiff's son suffered and will continue to
25 suffer mental pain and emotional distress.
26
27
28 8
1 WHEREFORE, plaintiff demands compensation for the conduct- of
2 the Police Officers in an amount that would place it within the
3 jurisdiction of the Superior Court. The claim is based on
. 4 Mental Pain and emotional Stress in an amount to be proved later.
5
6 FIFTH COUNT
7 17. Allegations and statements contained in paragraphs 1
8 through 8 above are incorporated herein as if set forth again in
9 full.
10 18. The intentional acts complained of constitute false
11 imprisonment of plaintiff's son.
12
13 WHEREFORE, plaintiff demands compensation for the conduct of
14 the Police Officers in an amount that would place it within the
15 jurisdiction of the Superior Court. The claim is based on
16 False imprisonment in an amount to be proved later.
17
18
19 SIXTH COUNT
20 19. The Allegations contained in paragraphs 1 through 10 are
21 incorporated herein as if set forth again in full.
22 20. As a direct and proximate result of acts of the Police
23 Officers intentional acts, plaintiff has suffered mental pain and
24 emotion distress, and will continue to so suffer into the future.
25
26 WHEREFORE, plaintiff demands compensation for the conduct of
27
28 9
1 the Police Officers in an amount that would place it within the
2 jurisdiction of the Superior Court. The claim is based on .
3 intentional infliction of emotional pain and suffering in an amount
4 to be proved later.
5
6 I, Carol Bittner, declare under penalty of perjury that I have
7 read the foregoing claim for damages and know the contents thereof;
8 that the same is true of my own belief and knowledge, save and
9 except as to those matters wherein stated on information and
10 belied, and as to them, I believe it to be true.
11 2 '
zw
12 DATED: JUNE 8 , 1992 .
Carol Bittn r
13
14
RECEIVED IN THE CITY CLERK'S OFFICE THIS DAY OF
15 , 1992.
16
17 City Clerk
18
19
20
21
22
23
24
25
26
27
28 10
ADDENDUM June 8 , 1992
RECEIVED
TO: City Clerk' s Office , 0 9 ,992
City of Antioch
Third & "H" Street
P. 0. Box 130 CITY OF AN IOCH
Antioch, Ca . 94509 CITY CLERK
o�n per,
FROM: Ms . Carol Bittner
For Herself as an Individual
& on Behalf of Her Son, a Minor
Joseph Bittner
2309 Peppertree Way, #3
Antioch, Ca . 94509
Telephone (510) 778-6078
ADDENDUM TO ERRORS MADE ON TORT CLAIM, MAILED FROM WALNUT
CREEK POST OFFICE, ON JUNE 8, 1992 AT 4PM & SENT BY REGISTERED
MAIL TO CITY CLERK OF ANTIOCH.
corrections & Additions
ADD: phone # 775-1374 (pg. 2-line-1 )
DELETE: names-Don Ward, Janet Choake (pg. 3-line-23 )
DELETE: (pg. 3-line-26)
DELETE: (pg. 4-line-1 )
ADD: To (pg. 4-line-4 , after the word - "contacted"-
Ms . Bittner called Ms. Dehring as Officer Huyssoon had suggested.
(706-4810, 4545 Delta Fair Blvd. , Antioch, Ca . 94509) Ms .
Dehring told Ms Bittner, that she, Ms . Dehring had seen Joe &
there was no problem. Ms . Bittner asked if Ms Dehring thought
if Ms Bittner gave the police Joe 's medicine, Prozac, would the
police see that Joe would be given his medicine. Ms. Dehring
said she didn ' t know.
DELETE: (pg. -4-line-6 , - "On December 16 , 199211 )
DELETE: (pg. 4-lines-7&8)
ADD: (at end of line-6) - In the early evening of
DEc. 13 , 1991 , Ms . Bittner called the Antioch Police Dept.-(301 W. 10th
St . , Antioch, Ca . 94509 - phone# - 757-2236) & asked for an officer
to come to the Bittner home & pick up Joe ' s medicine (Prozac) .
At 5:41 p.m. , Officer Friday, came & accepted the medicine, & wrote
out a receipt. On Mon. ,Dec . 16, through Wed. , Dec. 18 , when Ms .
Bittner continued to inquire by calling the police, Ms Bittner
continued to be told by "nameless" people at the Antioch police
dept . , that case # 9112693 was still being investigated by Ms .
Dehring at C.P. S . On Dec. 19, Ms . Bittner called Ms . Dehring ' s
- ADDENDUM_- PAGE 2 - June8 , 1992
number-706-4810, and instead, Ms Bittner was connected to a com-
puter operator at C.P.S. - #7064811 , who told Ms . Bittner case#
9112693, had 2 sentences on record: "She said she was angry" . ( I
can ' t remenber the second sentence) . Ms . Bittner complained to Ms .
Sabika (706-4819) , supervisor to Ms . Dehring. Ms . Bittner .says she
had never been asked anything by Ms . Dehring & Ms . Bittner told Ms .
Sabika that she expects accurate records of C.P.S . On Dec- 24, 1991 ,
on suggestion of psychologist, Richard O'Brochta - (778-1801 ) , ( 2400
Sycamore Dr. , #10, Antioch, Ca . ) , Ms. Bittner .called. the Richmond
Public Defender - 374-3233 , and spoke to Jean Sherman, who agreed
to call the Antioch Police Dept. & ask for a status report . Ms .
Sherman called Ms. Bittner back & said, "I have talked to Officer
Huyssoon, who said because of a skeleton staff, Ms . Bittner is to
call the Antioch P.D. on Dec. 30, 1991 , for the status of case #
9112693; Officer Huyssoon also said she has received Ms. Bittner ' s
Tetter, dated Dec. 22. " On Dec. 30, Ms. Bittner called the police
dept . , . inquiring about the status of case # 9112693 , & was told noth-
by a "nameless" person" . Ms . Bittner called the Martinez Public
Defender - 646-2481 , Ms Bittner was admonished for even calling the
public defender, unless she, Ms . Bittner was charged .with a crime.
On January 3 , 1992 , Ms . Bittner called #439-0945 , the Social Security
office, 355 E. Leland Rd . , Pittsburg, Ca. 94565 , and spoke to
Ms . Stein. Ms . Stein said she would call the Antioch Police Dept .
Ms . Stein called Ms. Bittner back, and said, "The case was closed
on Dec. 16, and by the C.P.S. on Dec. 18 . " Ms . Stein told Ms . Bittner
that she, Ms . Stein, would straighten out Joe ' s Social Security
checks, and she did. Officer Steacker, who called me and told me
he was from the Antioch P.D. , said to Ms . Bittner, "we want to help
you get Joe in for an evaluation. " Ms . Bittner said, "Great , how
do I get there?" Officer Steacker said, " You can ' t take him, Ms .
Bittner, only the police can take him. " Ms . Bittner agreed, espec-
ially since Ms . Burnett had just called and said , "Joe wants to go
to Sherman House" (By the evening of Jan. 3 , 1992 , Joe had been
transported to Sherman House -676-6495; 2025 Sherman Drive, Pleasant
Hill , Ca. ) . On the evening of Jan, 3 , Ms . Bittner called Sherman
House, and a man named Mark asked Ms . Bittner questions relating to
"How many men have been in and out of your home , Ms . Bittner"?
Ms . Bittner told Mark, that questions asked by Mark were inapprop-
iate. Ms Bittner also states that no attempt by. the Antioch P.D. ,
or Sherman House was made during Joe ' s stay at Sherman House to
help in the process of enabling Joe to be evaluated at the County
Hosipital, in fact, Ms Bittner, came to take Joe to the Bittners,
family Dr. , Dr. Friesen, (757-2250) 1130"A" st . , Antioch, Ca . , after
Kathy Tunstall of Sherman House, on Jan7, informed Ms . Bittner that
Joe was ill . Ms . Bittner took Joe to be examined by Dr. Friesen
on Jan. 7, where Joe was found to have "strep throat" and was place
ed on anti-biotics by the Dr. , and Ms . Bittner was told by her son
Joe, that he had had this same condition since the last weekend of
December, 1991 , and though Mr. Burnett had been treated at the
emergency room for the same condition as Joe had at the same time,
Joe told Ms . Bittner, that neither the Antioch Police Dept. , nor
Mr . & Mrs . Burnett, took Joe to be seen by a medical Dr. at any
time from Dec. 12 , 1991 through Jan. 3 , 1992 . Ms . Bittner was
also told by her son Joe , on Jan. 7, that neither the police, nor
the Burnettstook Joe to his scheduled appt . with psychologist ,
Dwight Murray, (778-1444 ) , 3720 Sunset Lane, antioch, Ca. , on
Dec. 20, 1991 - for 10 : 30 a .m. In fact, Ms . Bittner had called
the Antiocq'➢on Jan. 6, 1992and had been referred to Det . Contana ,
ADDENDUM - PAGE 3 - June 8 , 1992
who told Ms . Bittner that only police take a minor to Sherman - House.
Ms . Bittner complained to Det . Contana , about the need to take
Joseph there in the first place. On Dec. 8 , 1992 , after a 3 :00p.m.
appointment with Mayor Kellar, at Antioch City Hall , in the presence
of a "neutral" person, Jill Cooper, referred to Ms. Bittner by
Ro Agular ' s team, (531-9300) ; where Ms . Bittner requested a financial
"umbrella" for the Bittners , due to the harmful , recent, police
and other Dept . s & agencies involved with the City of Antioch, policies;
Ms . Bittner then met with Kathy Tunstall at Sherman House, where
Ms . Bittner continued to support , positively her son's courage
as to situations her son had had to endure in the past month.
Ms . Bittner decided Joe was to be brought home on Zr.&g. 10, which
with Joe ' s agreement, was done on Jars. 10, 1992 .
Attached to this three page ADDENDUM is a copy of the 45page com-
laint against the Antioch Police Dept . , written by Ms . Bittner,
and hand delivered to the Antioch Police Dept . , at 301 W. 10th st . ,
Antioch, Ca. 94509, on March 2 , 1992 . In her 45 page complaint,
Ms. Bittner requests an internal investigation of the Antioch Police
Dept. , by the Antioch police Dept . A copy of this 45 page complaint
was sent to District Attorney Yancy of Contra Costa County, and a
copy was sent to the Ca . Attorney General ' s Office, Both mailed on
March 2, 1992 . Enclosed is twenty-seven pages.__o€ Joseph Bittner ' s
ga,y.cgg;logical:=trea-ment_ansl__ev�-Iiiati-ns , since 1987, a copy of a
six page letter addressed to officer Hussoon on Dec. 22 , 1991 , a
copy of which was also sent to Capt. Glenn on Dec. 22 , also by
Ms . Bittner. Enclosed are seven pages of communications between
Ms . Bittner and the office of Civil Rights; relating to damage
to Ms. Bittner ' s family, in part , by the activities of the Antioch
Police Dept . Enclosed , is a copy of a form filed out by the Pitts-
burg office of Social Security, relating to the 22 Day hold by the
Antioch Police Dept. of Ms . Bittner ' s son, Joseph, at the home
of Contra Loma Estates , Board of Director, Secretary, Mr. George
Burnett.
FOOTNOTE
I, Carol Bittner do apologise forthe unprofessional legal work
completed yesterday, June 8 , 1992 by Elijah Mays , 1990 No. California
B1 . , suite 830, Walnut Creek, Ca . 94596, phone- 933-0425, since
I had written in all additions necessary to the claim that this
three page addendum needs to be attached to, yet Mr. Mays just
copied his own rough draft into the final claim, as if he, Mr.
Mays didn' t wish for the claim by Carol Bittner to be accurate.
I , Carol Bittner, declare under penalty of perjury that I have
read the foregoing claim for damages and know the contents thereof;
that the same is true of my own belief and knowledge, save and
except as to those matters wherein stated on information and
belied, and as to them, I believe it to be true.
DATED: , 1992 .
aro i-t ner
Received in the City Clerk ' s office this ' da ,of . 1992
City Clerk, GC
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CLEj�K-BOARD OF SUPERVIS RS
CONTRA COSTA CO.
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2219 BUC.'HANAN ROAD, SUITE b
ANTIOCH, CALIFORNIA 94509
( 510) 757-2925
OCTOBER 1.,q-, 1991 .
001-096475
CAROL. B I TTNER
2309 PEPPERTREE WAY #3
ANTIOCH, CA 94509
a r-aF�c3R -r N r R,,9o-r a c, r
TO SECTION 8 CERTIFICATE AND VOUCHER PARTICIPANTS
HUD regulations have been modified to allow housing authorities
to terminate Housing Assistance Payments for those individual;
who engage in, or allow guests or visitors to engage in, drug—
related criminal activities or violent criminal activities.
Drug related criminal activities includes the feloniou's
manufacture, sale, or distribution, or the possession with inter;
to manufacture, se.11, . or distribute a controlled substance.
Drug-related criminal activity also includes the felonious use,
or possession of a controlled substance.
Violent, criminal actiVity includes any felonious criminal -
activities that includes the use or threatened use Of physical
force against a person or property of another.
T1e Housing Authority of the County of Contra Costa will be
enforcing this regulation. If you have ani questions about this
notice, please contact' .our office at ( 510) 757-2925.
DRG
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PNTOC[-� CP 94509 --
.� (510) 778-0691 CITY HALL THIRD AND H PO 130
�it 'D<�� ' December 19, 1991
Ms . Carol Bittner
2309 Peppertree Way, #3
Antioch, CA 9459
Dear Ms . Bittner:
Thank you for your letter dated' December 14, 1991 . You know. '
firsthand the difficulties the City has had with concentrations of
Section 8 housing in one neighborhood. At the City Council meeting
on October 22, 1991, I mentioned ,a meeting that I attended with
Council Member Elizabeth Rimbault and representatives from. the
County Housing Authority, specifically the Housing Authority
Administrator, Perfecto Villarreal . If you would like further
information about the October 22, 1991 meeting, please contact the
City Clerk, Florence V. Rundall at. 754-8384 .
If you have any further questions concerning this matter, feel free
to contact me again.
iVery truly yours ,
I
JOEL KELLER
Mayor
cc: Florence V. Rundall, City Clerk
Perfecto Villarreal, Contra Costa Housing Authority
9
_ ` O
Mr. Villarreal
Bectitin .2•-Housing
P.O. B6rt2739
' Martiifez;. Ca : " 94553 January 17 , 1992
Dear Mr. ' Villarreal :
- 1 have =beep: fortunate to have had the assisstance of Section B
; Housing tbrlmote than ten years now. My fifteen year. old son and
" I :both roi6eiv6 'Social Security and though our income is low, with
' the help :bf Section ® and good budgeting over the years., I have
been abld to have a*ney available to keep Joey in good solid
Bupport s�eter�a, like Boy Scouts and Sea Cadets . To do this ,
I 've had .to be able to keep our .1977 car in running order to
transpoft Joey and help out in his support systems , since
the tNd 7 mentioned are family oriented .
We have...-lived at Contra Loma Estates for about eight years and
along with solid Psychiatric support from counseling , separate
Psychologists and a private Psychiatrist , those important areas
over the yearso have given us emotional stability. I do
voluntaetgg. vork' vhen I 'm asked by Contra Loma Estates and in
. other parts ::�f Antioch. I keep up our unit (painting , and
minor ' repe�ta} � with the approval of Professional Investment
t.;... . . 1p. ... .
•Realltp,• .d® 'that the homeowner of our unit has as few expensee
as posiible .'Another. part of our emotional stability
V '
OF 2
is being able to remain in our unit year after year . All these
years , I 've followed carefully the rules , regulations , and
policies of Section 8 Housing , Social Security, Medical ,
and Contra Loma Estates .
When I. aee Connie Martin and Mrs . James working as hard as
possible :in December, and January to; 1 . Make me sign my
name to .a fraudulent statement , and 2 . attempt to have me
moved into a one Bedroom unit while the Antioch police and
Mr . Burnett, Secretary of C ontra Loma Estates , Board of
Directers continued, from 12-12-91 to 1 -3-92 , to prevent
Joe ' s psychiatrist and I from having Joe seen on ward E
of the County Hospital4 hell , that ' s when I start demanding
accountability from the Head officials !
I spoke with Mayor Keller in his office on January 8 , 1992 .
I told him that in general , I agree with his plans to work
with your agency, large Estates in Antioch , H .U.D.
officials, the use of Redevelopment money and I also agree
in priniciple Irith the reform of Section 8 throughout the
state. .: I feAl the City Council meeting of October 22 , 1991 ,
does smooth out the facts and the observations I 've per-
sonally been aware of since June, when Mrs . Burnett , and one "
week later, - Nrs . Sabo, president of the Board of Directors ,
of Contra 'Loma Estates Bid both speak in my presence of
3
the improvement expected within Contra LorAa Estates once
"all Section 8 tenents have been removed" .
Since I am able to live in a small contained community without
having a mental or emotional set back , I 've paid a lot of
attention for the last ten years as to exactly how stable
Section 8 has continued to be . About two years ago, in-
formation by the press, suggested. that their wouldAt be funds
' - r
available for that year. So, it didn ' t surprise me to read
and to personally see changes starting .
I know that Joe and I are able to survive emotionally as
long as we are able to stay in one place . I 've even re-
mained pretty stable when a drug dealer lived next to us
and youth gang members used our lawn area for fighting and
buying And e611ing drugs from June through October of 1991 .
I findAt " irdnic that through my hourly monitoring of these
individuals, along with tracking them to their own or other
residences throughout Contra Loma Estates , I must have
been directly or indirectly responsible for a lot of Section
8 tenents who were evicted , chose to leave , or had their
Section 8 contracts removed .
After a period of time from June, I had so much information
on drug and gang activities written in a log, that I began
. � . . .)A..,-�:.
fr. F..., ..+
4
to turn in my logs directly to a narcotics office from the
Antioch P.D. `
I 've made a rough estimate of the monies hpent over the
last ten rears for the Bittner family by Section 8 Housing -
about $40,000 dollars - we could almost own this unit by now !
My son 'end I have been the target of a three-prong attack
since July by your agency; Antioch, through the Police
Dept. and Contra Loma Estates . The most severe attack
occured on Dec. 12 , when the police refused to ,allow me
to take my son for a pschiatric evaluation on Ward E of the
County Hospital . At the time I Was also following the
directions of our psychiatrist , Dr. Lanes . Since my son
had run across the street to the Burnetts , the police were
able to work with the Board of Directors on keeping Joe
there until Jan . 3 , even though theFx- are no charges.-case
#9112693 - (Mr . Martinez diet even want this case no .
Writteh do"*4
Well ainOWihe 19* are no up to date rules and regulations
to be fouftd' in Antioch, I formally request a copy of up to
date ruleil' and regulations as soon as possiple, and also
your reform policy.
I don't know yet if the Brown Act applies to your agency
as it does to the City Council meetings , but I intend to
find out: In the meantime, since I have valid facts about
5
the illegal way your Antioch office is trying to remove me
from my' unit and since I allready know this practice will
continue in the following year , I suggest that you personally
renew my prase or get together with the groups I previously
mentioned ih this letter and work at turning this unit over
to me is a first time homeowner . I also mentioned to Mayor
Keller that a financial ..umbrella. for Joe and I would be sufficient>
td covpr 'bli the harassment that Joe and I have had to put
up with:
I never feel that conditions that have arisen should be
handled in a court, since soon My son Joy is going to be
discharged from Salano Park Hospital , (Yes , this whole mess
caused Joe to start thinking Suicide , and even though I 'm
grateful he chose to talk to his Doctor and go Voluntarily
into a psychiatric hospital , he ' llneed constant support and
attention when he comes home 1
I don ' t know if you are aware of the "Old Boy Club?" I 've
found another agency that has joined your bandwagon - Mr .
Rydingsord 's group, Mrs. Manning, eight supervisors , two
Intake workers , and two supervisors from C . P. S.
I do hope you will contact me soon , since even though I feel
it ' s important for all groups involved to make choices , I
feel choices are important to me also. I feel the citizens
of Antioch that are against all the bonds being floated,
6
and there are several watch dog associations ready to protest
will need to be spoken to. Another group that I 'm sure will
be easier to approach and involve in Section 8 changes ,
are those previous Section 8 tenents , current tenents , and
absentee owners . `Since that will take some time and attention ,
I ' ll wait until the 27th to hear from you as to the way you
wish to accomsaate us . I feel any longer time period will
enable your agency to acquire a few new regulations to
separate us from our Section 8 contract . Y
Yours truly ,
Carol Bittner
2309 Peppertree Way , #3
Antioch , Ca . 94509
( 510 ) 778 -6078
CB/CB
Copiest Mrs . Pat Sabo
: Prof . Invest . Realty
Mrs. Burger, Contra Costa Legal Foundation
U.S.Department of Housing and Urban Development
4, �'m San Francisco Regional Office, Region IX
450 Golden Gate Avenue
`,�i II �►pR San Francisco, California 94102-3448
H DCVII
0
Ms . Carol Bittner
2309 Peppertree Way, #3
Antioch, CA 94509
Dear Ms . Bittner:
Subject: Housing. Discrimination Complaint
HUD Case Pio. : Not Assigned
The Department has received your complaint; however,
before we can officially commence an investigation, we must
determine whether your complaint is within the jurisdiction
of ( i.e. , covered by) the federal Fair Housing Act or other
appropriate law that this iDepartment administers .
In order to establish jurisdiction, we need more detailed
information from you about the events that occurred. For
each action or incident you are complaining about, give the
date it occurred (most recent date first) ,-)'identify by name
all sof the persons that were involved, briefly describe what
occurred, explain how you were harmed by this event, and
tell us what you believe are the reasons for what happened.
, Please sign and date your Housing Discrimination
Complaint form and your summary statement. Return both in
the pre-addressed, postage-free envelope we have provided
for this purpose. You must respond within fifteen ( 15) days
of your receipt of this letter or your case will be closed.
If you have any questions or if- you want to discuss your
statement before returning it, you should contact Mr. Andrew/
Quint of my staff at ( 800) 347-3739 . ,
0 �
very- sincere 1
e - sincerelyours
' E.. Herman Wilson
Director, Compliance and Enforcement
Office of Fair Housing and
Equal Opportunity
V
U.s.Department o4 Housing and Urban Developmant
g San Francisco Regional Office, Region N
450 Golden Gate Avenue
6AR San Francisco, California 94102-3448
Ms . Carol Bittner
2309 Peppertree Way, #3
Antioch, CA 94509
Dear Ms . Bittner:
Subject: Housing Discrimination Complaint
HUD Case No. : 09-92-1461-1
Regarding your complaint, HUD administratively enforces
the federal fair housing statutes, which prohibit
discriminatory housing practices based upon a person's race,
color, religion, national origin, sex, familial status, or
handicap.
Based upon our careful analysis of your complaint, it has
been determined that you have failed to describe the nature
of conduct which constitutes a discriminatory housing
practice. Accordingly, we lack jurisdiction to assist you
with this matter.
If you have any questions, or if you can give us other
information that shows you suffered housing discrimination
based upon your race, color, religion, national origin, sex,
familial status, or handicap, I encourage you to again
contact AxLdrew Ouimt or Vicki Gums of my staff at (800) 347-
3739, or write to me at the above address .'
;J
Very sincerely yours,
E. Herman Wilson
Director, Compliance and Enforcement
Office of Fair Housing and
Equal Opportunity
N .
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