HomeMy WebLinkAboutMINUTES - 03232004 - C.19 CLAIM (�► •��
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MARCID 23j___2004
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes, } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: UNKNOWN
CLAIMANT: TED TAWFIK
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 17, 2004
ADDRESS: 10 SILVMILL WAY BY DELIVERY TO t.-LERK ON�IEBRUARY 173 2004
LAFAYETTE, CA 94549
RECEIVED FROM INT'ER-
BY MAIL POSTMARKED: OFFICE MAIL
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEET lark
Dated: FEBRUARY 17, 2004 By: Deputy
11, FROM: County Counsel.: TO: Clerk of the Board of Sup isors
( ) 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: ` --r`t r-s By: S' ,P '-e , ,
��- Deputy County Counse
III. 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. PARD 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: "2" elJOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING(Gov, code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or depositec
in the mail 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. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
1 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: Uo twJOHN SWEETEN, CLERK By Deputy Clerk
OFFICE OF THE COUNTY COUNSEL " . SiLVANl3 B.MARCHESt
COUNTY COUNSEL
COUNTY OF CONTRA COSTA �� S
Administration Building r . 3 SHARON L. ANDERSON
651 Pine Street, W, Floor ` r / °' CHIEF AssisTANT
Martinez, California 94553-1229
GREGORY C.HARVEY
(925) 335-1800 f{ � ���,� s VALERIE J. RANCHE
(525) 646-1078 (fax) , a AssisTANTs
.n�
NOTICE OF INSUFFICIENCY
ANDZOR
NON-ACCEPTANCE OF CLAIM
TO: Ted Tawfak
10 Silverhill Way
Lafayette, CA 94549
RE: CLAIM OF: TED TAWFIK
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:
[ ] L 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.
[X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction
which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[X] 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.
[ ] 6. The claim is not signed by the claimant or by some person on his or her behalf.
[ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit
your claim on the enclosed form, including all the required information. Gov. Code, § 910.4.
Please be aware that you have only a limited period of time in which to file an amended claim.
See Gov. Code, § 910.6.
Page I
Ted Tawfik
Re: Claim
Page Two
[
18. Other:
SILVANO B. MARCHESI
COUNTY COUNSEL
r
By
Monika L. Cooper
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664)
I am a resident of the State of California,over the age of eighteen years, and not a party to the within action. My
business add ess is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On
February fZ004,1 served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing
the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez,
California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of
collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California and the United States of America that
the above is true and correct. Executed on Februaly 2004 at Martinez, California.
Kathleen O'Connell
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO C ADiANI'
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
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,
1985, Faust 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 §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in
Room 106, County Administration Buil ding, 651 Tine Street, Martinez, CA 9 4553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the game 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 endofthis
form.
RE: Claim By ) Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa ) FEB 1 7 2004
or
CLERK BOARD OF SUPERVfSORS
District) CONTRA COSTA CO.
Fill in n )
The undersigned claimant hereby. makes claim against the County of Contra Costa or
the above-named District in the sum of $ -- ' '� - and in support of
this claim represents as fo?lows:
1. When 'did the damage or injury occur? (Give exact date and hour)
_�.___..�.. .__.._...�.....: _�._......�..._ Y_____----....-.._....-..__
2. Where did the damage or injury occur? (Include city and county)
'' 4 tw/le
3. How did the damage or in ury occur (Give full details; use extra paper if
required)
4. What particular act or omission on the part of county or district officers,
servants or.employees caused.the.injury or damage?
Wriat are the names of county or district officers, servants or employees causing
the dazcage or injury?
5, 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 in jury or damage.)
. ~Names rand�addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOU.,T
Gov. Code Sec. '910.2 provides:
"The claim must be signed by the/_"claimant
SEND NOTICES T0: (Attorney) or b some erson his
Norse and Address of Attorney
Cl t" i.gnat
Address
NoTelephone No.
.
Telephone * * � * T" '°
* * * * * *
_
N 0 T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, ci t,r.,or district board or
officer authorized to allow or pay the same if .genuine, any ,or
or fraudulent
of
claim, au account, voucher, or writing, is punishable either by imprisonment in
e than one-year, by a fine of not exceeding
the county jail for a period of not more
one thousand ($1,(300) , or by both such im�rrisoriment 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.
E&G
1870 Olympic Blvd.
Suite 100
Walnut Creek
CAL ENGINEERING&GEOLoGy California 94596
Tel:(925)935-9771
Fax:(925)935-9773
www.cateng.com
6 February 2004
Ted Tawfik
Core Funding
31 Panoramic Way Suite 200
Walnut Creek, California 94595
RE: Geotechnical Consultation
10 Silverhill Way
Lafayette, California
Dear Mr. Tawfik:
At your request,we have completed our geotechnical observations of the slope on the north side of
your property along Reliez Valley Road in Lafayette (unincorporated portion of Lafayette). The
purpose of the project was to evaluate the cause(s) of the shallow failure which has developed on
the slope. We have also reviewed geologic maps and assessors parcel maps of the area to aid in our
assessment.
Observations
Based on our observations, it is our opinion that the shallow slope failure (see attached photo)
developed as a result of the over steepening of the toe of the slope. It was unclear whether the toe
of the slope is within your property or within the County right-of-way for the Reliez Valley Road.
Based on the property lines shown on the assessor's parcel it appears that original road was widened
when your subdivision and Silverhill Way were created(see attached excerpt ofthe assessor's parcel
map). The widening appears to have been accomplished by steepening the toe of the slope to
approximately 2.5HA V. The adjacent slopes on the south side of Reliez Valley Road are flatter.
Findings
At this time, it appears that the slope failure has not caused damage to any improvements on your
property other than landscaping. However, it is likely that the failure will continue to retrogress
upslope unless it is mitigated. Possible means of mitigating the problem include placement of rock
riprap in the failing area or construction of a small retaining wall at the toe of the slope and
backfilling behind the wall. Design of remedial repairs are beyond our scope of work at this time.
031290.001 Cal Engineering&Geology,Inc.
Ted Tawtik 1 10 Silverhill Way, Lafayette Page 2
6 February 2004
Limitations
Our services have been limited to visual observation of the site and review of available maps.
Subsurface exploration or soils testing has been completed. It is possible that additional data from
such exploration could warrant modifications to the opinions presented in this letter.
We have employed accepted geotechnical engineering procedures, and our professional opinions
and conclusions are made in accordance with generally accepted geotechnical engineering principles
and practices. This standard is in lieu of all other warranties, either expressed or implied.
If you need more clarification regarding possible remedial measures or have questions regarding the
information presented herein, please do not hesitate to call.
Yours truly,
CAL ENGINEERING & GEOLOGY, INC.
P lli jE
eg ry, P.E., G.E.
zinc' ineer t
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Exp 3131lIt 2193
No CM1 C 40M
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MATION
PARCELS 0OT SPLIT
:Es. 392
CLAIM
BOAR? OF SUPERVISORS OF CONTRA COSTA COUNTY i•+ ` fj
BOARD ACTION;11ARCH 23, 2004
Claim Against the County, or District Governed by )
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action, All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please nate all"Warnings".
AMOUNT: EXCEEDS $50,000.00 ,
CLAIMANT: THOMAS JAMES CARR
ATTORNEY: JOHN A. MEADEN, III DATE RECEIVED: FEBRUARY 18 2004
ADDRESS: LAW OFFICE OF JOHN A. MEADDEN, III By DELIVERY TO (.LER.K.ON: FEBRUARY 18_, 2004
1.450 MARIA LAME, SUITE 400
WALNUT CREED, CA 94596-5.391 BY MAIL POSTMARKED: FEBRUARY 16, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOAN SWE T Jerk
Dated: FEBRUARY 18 2004 By Deputy
II. MOM: County Counsel.. TO: Clerk of the Board of Sup6rvisdrs
(, 'Ibis 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 By: • Deputy County Counse
III. 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 OARD 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, k l(mSWEETEN, CLERK, By o , Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or depositec
in the mail 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. *For Additional Warning See Reverse Side of This Notice,
AFFIDAVIT OF MAILING
I declare under penalty ofperlury 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: 6th aQ �
HN SWEETEN, CLERIC By Deputy Clerk
I John A. Meaden, III - SBN#62109
Law Office of JOHN A. M[EADEN, III
1450 Maria Lane, Suite 400
Walnut Creek, CA 94596-5391
3 Telephone: 925 943-3131
4 F? Op
Facsimile: 925} 943-3004 CLE C F?
c �A� vrss
5 Attorney for Claimant:
THOMAS JAMES CARR
6
7
8 GOVERNMENTAL CLAIM
9
10 In the Matter of the Claim of:
11 THOMAS JAMES CARR, CLAIM AGAINST
CONTRA COSTA COUNTY
12 (CONTRA COSTA COUNTY
against SHERIFF'S DEPARTMENT), Its
13 police officer, T. TURKEY, and its
CONTRA COSTA COUNTY OTHER UNKNOWN EMPLOYEES
14 (CONTRA COSTA COUNTY
HERIFF'S DEPARTMENWl�R
police
15 officer T. TURNEY, and its
UNKNOWN EMPLOYEES
16 i
17
18 TO: Clerk of the Board of Supervisors of Contra Costa County
Doom 106, County Administration Building
19 651 Pine Street
Martinez, CA 94553
20
21 The above-named Claimants hereby make the following claim against CONTRA
22 COSTA COUNTY (CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT), its
23 Sheriff's Deputy, Officer T. TURNEY, and its OTHER UNKNOWN EMPLOYEES:
24
1. NAMES AND ADDRESSES OF CLAIMANT(S):
25
THOMAS JAMES CARR.
26 1100 Garden View Road, #325
Encinitas, CA 92024
27 Telephone: (750) 436-6690
28
In re Clain of Thomas lames Carr,v.Contra Costa County,et al.
Governmental Claim -1-
1 2. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
2 Johan.A. Meaden, III - sBN#62 log
Lary Office of JOHN A. MEAllEN, III
3 1450 Maria Lane, Suite 400
Walnut Creek, CA 94596-5391
4 Telephone: (925) 943-3131
Facsimile: (925) 943-3004
5
6 3. DATE,, TIME ANIS PLACE OF OCCURRENCE:
7 August 16, 2003, at approximately 1:30 a.m. at or near the claimant's home, 1093
8 Yorkshire Place, Danville, Contra Costa County, California. CA, 94506.
9 4. CIRCUMSTANCES OF OCCURRENCE:
10 As far as is known at the present time,the general facts underlying the incident giving
11 rise to and supporting the claims of the above claimant are as follows: On August 16,2003,
12 at the above time and place, claimant,who had been driving his car on his way to his home
13 at 1093 Yorkshire Place, Danville, was stopped by Officer T. TURKEY and two or more
14 additional Danville police officers (all of whom are believed to be employees of the
15 CONTRA COSTA SHERIFF'S DEPARTMENT contracted to provide police services to the
16 TOWN OF DANVILLE), and whose identities are not known to claimant at this time, for,
17 apparently, a traffic violation. For reasons which are unknown to Claimant,as he exited his
18 vehicle he was physically attacked by the officers and thrown face first onto the pavement
19 of his driveway causing a head trauma and other injuries. He was taken by the officers by
20 ambulance to John Muir Hospital Emergency Room where he received an examination and
21 medical treatment for his injuries before being released back into police custody.
22 The liability ofthe TOWN OF DANVILLE(DANVILLE POLICE DEPARTMENT),
233 Officer T. TURKEY, and its OTHER. UNKNOWN EMPLOYEES, and further of the
24 COUNTY OF CONTRA COSTA, (THE CONTRA COSTA COUNTY SHERIFF'S
25 DEPARTMENT), Officer T. TURNEY, and its OTHER UNKNOWN EMPLOYEES, as
26 far as is known at the present time is predicated upon, but not limited to, the common law,
27 Civil Code Section 1714, the California Government Tort Claims Act [including, but not
28
In re Claim of Thomas James Carr,v.Contra Costa County,et al.
Governmental Claim -2-
I limited to Government Code Sections 820(x) and 815.2(a)] and general principles of
2 vicarious liability,respondeat superior,and general principles ofintentional and/or negligent
3 torts,the unnecessary and excessive use of physical force, deprivation of civil liberties and
4 rights under both state and federal law,and civil liability for damages.Discovery has not yet
5 been undertaken and/or completed.
6 5. GENERAL DESCRIPTION OF INJURY DAMAGE OR LOSS INCURRED:
7 Physical injury to claimant's person including,but not limited to,trauma to his head
8 and forehead, emotional distress, humiliation and embarrassment
9 6. NAMES OF ANY PUBLIC EMPLOYEE(S) KNOWN TO CAUSE THIS
10 IN,TMY, DAMAGE OR LOSS:
11 Officer T. TURKEY and other officers, the exact names of these employees of the
12 TOWN OF DANVILLE (DANVILLE POLICE DEPARTMENT), CONTRA COSTA
13 COUNTY (CONTRA COSTA SHERIFF'S DEPARTMENT) who participated in this
14 incident are unknown at this time.
15 7. DAMAGES CLAIMED/AMOUNT OF CLAIM:
16 Unknown at this time. General Damages for pain and suffering, extreme emotional
17 distress, embarrassment, humiliation, and loss of claimants freedom. Hospital and medical
18 bills in an amount which is unknown at this time. Copies of medical bills and records will
19 be provided when they are available. Claimant contends that the value of the claim exceeds
20 $50,000.00 and that the appropriate court jurisdiction is the Superior Court, unlimited
21 jurisdiction. A copy of the booking photograph and portions of the DMV and medical
22 records are attached hereto.
23 DATED: February 16, 2004 # `'
24
14
25 HN A. MEADEN, III
ttorney for Claimant
26
27
28
In re Claim of Thomas James Carr,v.Contra Costa County,et al.
Governmental Claim -3-
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httn://maDnoint.msn.corn/fxOwvwnS5fsu]dv5502wi2ne3)/rnan.aGnx?T,=T 7SA&C=37.8042_.. 10/9/2003
JOHN MUIR MEDICAL CEe R
�'bFn ;�fx:r�,i•{t. Z)iav�la f�ra?th S�strm
1601 Ygnacio Valley Read,
Walnut Creek, CA 94598
925-939-3000
Patient: CARR, THOMAS J
Date: 16-Aug-2003
Physician: Dan Buhler, MD
General Emergency Department Discharge Instructions
The exam and treatment you received in the Emergency Department were for an urgent problem and
are not intended as complete care. It is important that you follow up with a doctor, nurse practitioner,
or physician's assistant for ongoing care. If your symptoms become worse or you do not improve as
expected and you are unable to reach your usual health care provider, you should return to the
Emergency Department. We are available 24 hours a day.
You were treated in the Emergency Department by:
Dan Buhler, MID
Your diagnosis is
Primary Diagnosis: Closed head injury (CHI)
_Secondary Diagnosis: Abrasion - face
Tertiary Diagnosis:
What to do:
kEEP THE ABRASION CLEAN AND COVERED WITH ANTIBIOTIC OINTMENT
fCE PACK TO FOREHEAD
�O* LOW UP WITH YOUR MD AS NEEDED
If you belong to an HMO, such as Muir Diablo Medical Group, you MUST contact your primary
care physician BEFORE you see a specialist to be sure that specialty follow-up care is
authorized.
9, Follow the instructions on the additional sheets you were given:
h
Please call as soon as possible to make an appointment to be seen in for follow-up care.
Healthcare provider for follow-up care:
Disposition - Discharged from ED: Follow-up with: * *Your Regular MD
Take this sheet with you when you go to your follow-up visit.
• If you have any problem arranging the follow-up visit, contact the Emergency Department
immediately.
• Take all medications as directed.
St> dies done in the Emergency Department:
r pdmetry
Test: C-spine limited` ansportation: Gurney; Reason: P, (V. 0.) by Daniel Buhler, MD
Test: CT head/brain without contrast; Transportation: Gurney; Reason: ALOC;
°:..,,.The emergency physician provided an on-the-spot interpretation of your x-rays and/or EKG. A
specialist will do a final interpretation of these tests. If a change in your diagnosis or treatment is
needed, we will contact you. It is critical that we have a current phone number for you.
If you had x-rays done, call the Medical Imaging department at'925947-5305 with 24 hours
notice to pick up your x-rays before your follow-up appointment.
• Culture results take 48-72 hours. Call 925939-5800 for your culture results.
Additional information or instructions:
MEDICATIONS GIVEN IN THE EMERGENCY DEPARTMENT.
Toradol; 50 mg; IM; Once; (V.O., read back) by Daniel Buhler, MD
PRESCRIPTIONS GIVEN IN THE EMERGENCY DEPARTMENT:
**If side effects develop, such as a rash, difficulty breathing, or a severe upset stomach,
ttdi)the medication and call your doctor or the Emergency Department.
11 CARR, THOMAS J, understand the instructions and will arrange for follow-'yip care.
Patient Signature
r..r
Represcntative Signature
da,6a4
Staff Signature
Y t
1`
f
!f
xKxxxti****xx*x* REPORT NOT FINAL UNTIL SIGNED
CHIEF COMPLAINT; Head trauma.
HISTORY OF PRESEM ILLNESS: This is a 46-year-old man who presents
stating that he h d been stopped by the police and they had thrown
him to the ground and he bumped his head, He thanks he .may have
temporarily lost consciousness, He has been brought to the emergency
room on a backboa d in full C-spine restraints . He denied any neck
pain. He complai ed of pain in the Forehead, and requested narcotic
analgesics.
PAST XEDICAL HISTCRY: The patient has a past medical history of
anxiety and depresssion. He is current on his tetanus immunizations.
CURRY:NT XEDIC.A.TIO S: Wellbutrin, Paxil and Valium.
ALLERGIES TO MEDI TIONS None known.
REVIEW OF SYSTEMS: Negative except as outlined above. He is not
complaining of fevers, sweats, chills, shortness of breath, chest
pain, cough, sputun production or hemoptysi.s . He did not have: any
nausea or vomiting, or any inability to move his extremities. The
review of systems is otherwise negative except as outlined above.
PHYSICAL EXAMINAT2 N:
GENERAL: Physical examination revealed a 46-year-old man who is
awake, alert and o iented.
INITIAL 'VITAL, SZGN : Temperature is 37 degrees, pulse 84,
respirations 1S, b ood pressure 112/63. SA02 is 94% initially on
room air, and incr ases to 97$ on room air, which is a normal value
representing adequate oxygenation.
HEENT: Normocepha ic. There is slight swellang and a superficial
abrasion across the forehead. The tympanic membranes and canals were
clear. The mouth was atraumatic.
NECK: Initially maintained in a C-collar and was x-rayed. The
x-rays returned ne ative. The neck was then freed and found to be
palpably nontender with full .motion.
CHEST: Chest, wall is stable.
LUNGS:: Clear.
HEART: Regular rale and rhythm.
ABDOMEN: Soft and nontender.
EXTREMITIES: Atra uratic.
CARR, THOMAS ,7 atJHN MUIR MEDICAL CE14TER
478-72-14 1601 Ygnacio valloy Road
0322800b13 Walnut Creek, C.A. 94596
Emergency Room Report
Page 1
d
0I '01\1 d3iND C3h WA NHOr V�IdlZ ROZ '� 'd3S
NEUROLOGIC: Grossly normal.
EMERGENCY ROOM GO RSE: The patient was treated with Tobrex ointment
and was given Toradol 60 mg intramuscularly for pain. He had a CT
scan of the head ich returned negative. The patient was then
medically cleared and discharged from the emergency department with
advice to apply ice packs to the forehead and antibiotic ointment to
the forehead. The patient had been in police custody, and when
discharged was taken by the police.
PAT, NA,IE: CARR, TROMAS J ADM. DATE: 08/16/2003 PBYS. : DANIEL P
BUHLER, PAID
MR#:0'78-72-14 D E. 10/07/1956 Doc ID#: 427735 Acct#: 0322800013
DD: 08/16/2003 DT: 5:43 P Job # 591969
CARR. THOxhS 47 JOHN =IR MEDICAL CENTER
078-72-14 1601 Ygnacio Valley Road
0322800013 Walnut Creek, CA 94595
Emergency Room Report
Page 2
ti 'd W 'ON HA33 flA UnA NNOC AIRS :Z €M 1b 'd3S
CIO 955707 Exam: 01C C-SPINE LTD IP ( 2-3 VE '72040 )
Cervical spine limited : 8/16/03 at 0351 hours
History: Neck injury (NOS ) (959.09 ) .
Comparison: None.
Findings : The visualized vertebral body heights appear intact . No
fractures are evident . The atlanto-axial relationships appear intact .
There are some mild degenerative changes at the C5-6 level .
Impression: No evidence of fracture. Mild degene:yative changes .
NH
T: 08/16/03 /Read By/ LEONARD M CAMPBELL M.D.
SOH /Released By/ LEONARD M CAMPBELL M.D.
Report Status : FINAL
FINAL ANI# : 0322800013
-------------------------------
-------
-------3-0-3-------_..� -R-MEH -A-L-__--._----
CARR, THOMAS J Date: 08f16f03 0333 JOHN MUIR MEDICAL CENTER
WALNUT CREEK, CALIFORNIA
ORD: BUHLER, DANIEL P MR: 0787214 MEDICAL IMAGING REPORT
ATT: BUHLER,DANIEL P BD: 10/07/56 46Y M VIVIAN WING M.D. CHAIR
PCP: TEMKIN,MICHAEL LOC: *ERO WILLIAM HODDICK M.D. VICECHAIR
Phys : BUHLER,DANIEL P
CIN 955708 Exam: 0831 CT HEAD/BRAIN WO CNTRS
CT head/brain without contrast agent (70450 ) : 8116/03 at 0440 hours
Emergency services weekdays ( 10 pm - 8 am ) and Saturday (98052 )
History: Head injury (959.01 ) . ALOC (780.09 ) .
Comparison: None.
Technique: Due to the condition of the patient, the examination was
done on an emergency after-hours basis . Multiple computed tomographic
scans of the head were done at 5 mm intervals from the skull base to
the vertex without the use of intravenous contrast agent .
Findings : The ventricles are normal in size and configuration. There is
no hemorrhage, hematoma or mass-effect . There is no midline shift . The
calvarium is intact with no evidence of fracture.
Impression:
1 . No acute intracranial disease.
2 . No evidence of fracture.
NH
T: 08/16/03 /Read By/ LEONARD M CAMPBELL M.D.
SCH /Released By/ LEONARD M CAMPBELL M.D.
Report Status : FINAL
FINAL
PATIENT: CARR, THOMAS J
JOHN MUIR MEDICAL CENTER
MR: 0787214 DATE: 08/16/03 0417 Walnut Creek , California
LOC: *ERO BD: 10/07/56 46Y M NEURO, SCAN REPORT
Phys : BUHLER,DANIEL P
PROOF OF SERVICE
(CCP §§ 1013(a) and 2105.5)
STATE OF CALIFORNIA,COUNTY OF CONTRA COSTA) SS.
I declare that I am a citizen of the United States,over the age of 18 years,and not a party to this
cause. I am employed in the County of Contra Costa, State of California, and my business address
is 1450 Maria Lane, Suite 400,Walnut Creek,CA 94596-5391,telephone number(925)943-3131,
facsimile telephone number(925) 943-3004.
I served [X] the original [] true copies of the foregoing document(s), described as:
GOVERNMENTAL CLAIM: CLAIM AGAINST CONTRA. COSTA COUNTY
(CONTRA COSTA SHERIFF'S DEPARTMENT), Its Police Officer,T. TURKEY,
and its OTHER UNKNOWN EMPLOYEES (with attachments).
[X ] by placing said documents in a sealed envelope, addressed as shown below, and
[x I (BY MAIL,) and by
[X] depositing the sealed envelope with the United States Postal Service with correct
regular postage and additionally identified with a Certified Mail, Return Receipt
Requested Certificate, also fully prepaid, and by
[X] placing the sealed envelope for collection and mailing on the date and at the place
shown below following our ordinary business practices. I am readily familiar with this
business'practice for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it is deposited in
the ordinary course of business with the United States Postal Service in a sealed
envelope with postage fully prepaid.
Date of Deposit: February 16, 2004 Place of Deposit: Walnut Creek, California
[X] (State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
[](Federal) I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made.
Executed on Monday, February 16, 2004, at Walnut Creek, California.
A. Meaden, III (Signature of Declarant)
NAME AND ADDRESS OF EACH PERSON SERVED
Clerk of the Board of Supervisors of Contra Costa County
Room 106, County Administration Building
651 Pine Street
Martinez, CA 94553
THE LAR,OFFICE OF
JOHN A.MEADEN,III
CREEKSME OAKS
1450 MARIA LANE, SuITE 400
JOHN A.MEADEN,III WALNUT CREEP, CALIFORNIA 94596-5391
-------------- -3004
RENtE M.SAEGER REC Btu sn.co 1
CERTIFIED PARALEGAL TELEPHONE: (925)943-3131 ext 20 FE 1 8 2004
CLERK BOARD 9F SUS
CON -A CCSI"A CQVfSE3RS
February 16, 2{}04
Clerk of the Board of Supervisors VIA CERTIFIED MAIL
County of Contra Costa RETURN RECEIPT REQ L ESTER
Room 106, County Administration Building
651. Pine Street
Martinez, CA 94553
RE: Claim of. Thomas James Carr
Date of Incident: August 16, 2003
Dear Clerk of the Board of Supervisors of Contra Costa County:
Enclosed please find a GOVERNMENTAL CLAIM against the County of Contra
Costa(Contra Costa Sheriff's Department)and It's Unknown Employees,with attachments
and Proof of Service by Mail.
If you have questions or concerns regarding this claim, please do not hesitate to
contact the undersigned. Thank you.
Very truly yours,
JOHN A. MEADEN, III
JAM/jam
Enclosure
cc: client(s)
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MAR CH 239 2004'
Claim Against the County, or District Governed by }
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"`turnings".
AMOUNT: EXCESS OF $1,204 230.00:,.
CLAIMANT: MS. DINA GIBSON
ATTORNEY: MS. CYNTHIA L. STRATTON, Esq. DATE RECEIVED: FEBRUARY 20, 2004
ADDRESS: JOE B. CORDILEONE & ASSOCIATESDELIVERY TO(:,JERK ON:FEBRUARY 20, 2004
438 CAMINO DEL RIO SOUTH, SUITE 213Y
SAN DIEGO, CA 92108 BY MAIL POSTMARKED: FEBRUARY 11, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWE ierk
Dated: FEBRUARY 20, 2004 By: Deputy
II. FROM: County Counsel.. TO: Clerk of the Board of Sup rvisors
( , lhis claim complies substantially with Sections 910 and 910.2.
4
{ } 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).
(i_)F Claim is timely filed. T-ht-Glerkiimu3d-rel "claim
c,1ai � ht to apply faa� to sent-a-Tata-e-iatm-(&ee n-�q 1:-3 :
Dated :-,� �'c' By: > Deputy County Counse
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
{ ) Claim was returned as untimely with notice to claimant (Section 9113).
IV,J30ARD 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: " OHN SWEETEN, CLERK., By , Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposite;
in the mail 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. *For Additional 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: /* OHN SWEETEN, CLERK.By Deputy Clerk
OFFICE OF THE COUNTY COUNSEL SILVANo B. MARCHESI
COUNTY OF CONTRA COSTA COUNTY COUNSEL
Administration Building ` w
651 dine street, 911, Floor ` `� —` � SHARON L. ANDERSON
Martinez, California 94553-1229 CHIEF ASSISTANT
ss �`
(925) 335-1800 , � y s; GREGORY C. HARVEY
..
(925) 646-1078 #ax ' `�' °fs VA;IER!E J. RANCHE
ASSIsTANTs
STATUTORY WARNING PURSUANT TO
GOVERNMENT CODE SECTION 911.3
TO: Cynthia L. Stratton
Joe B. Cordileone & Associates
438 Camino Del Rio South, Suite 213
San Diego, CA 92108
RE: Claim of Dina Gibson
Please Take Notice as Follows:
The claim you presented to the Contra Costa County Board of Supervisors on February 11,
2004 was reviewed by County Counsel. The portion of the claim prior to August 11, 2003 was not
presented within six months after the event or occurrence as required by law.
Because you allege a continuing violation theory, the claim is "timely on its face"and will be
reviewed and acted upon by the Board of Supervisors within the statutory time period. To preserve
the rights of the County, its departments and employees to challenge the validity of your continuing
violation theory, you are warned pursuant to statute that if your continuing violation argument is
improper, your claim is late, and is being returned because it was not presented within six months
after the event or occurrence as required by law. (See Gov. Code, §§ 901, 911.2.)
Because the claim may not have been presented within the time allowed by law, we warn you
that to preserve your right in the event your claim is determined to be late, your only recourse at this
time is to apply without delay to the Contra Costa County Board of Supervisors for leave to present a
late claim.. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances,
leave to present a late claim will be granted. (See Gov. Code, § 911.6.)
Page 1
You may seek the advice of an attorney of your choice in connection with this matter. If you
desire to consult an attorney, you should do so immediately.
SILVANO B. MARCHEI
COUNTY COUNSEL
Monika L. Cooper
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(Code Civ. Proc., §§ 1012, 1013x, 2015.5;Evid.Code, §§ 641, 664)
I am a resident of the State of California,over the age of eighteen years,and not a party to the within action.
My bus'cess address is Office gf the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229.
On '' ' I I served a true copy of this Notice of Untimeliness as to a Portion of the Claim
by placing the do menu in a sealed envelope with postage thereon fully prepaid,in the United States mail at
Martinez,California addressed as set forth above. I am readily familiar with Office of County Counsel's
practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited
with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of
business.
I declare under penalty of perjury under the laws of the State of California and the United States of America
that the above is true and correct. Executed on � > at Martinez, California.
Kathleen O'Connell
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION, - � CH 2 , 2004
Claim Against the County, or District Governed by )
the Beard of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), give
Pursuant to Government Code Section 913 and
915.4, Please note all"Warnings",
AMOUNT: EXCESS OF $1,204,230.00
CLAIMANT: MS. DINA GIBSON
ATTORNEY: MS. CYNTHIA L. STRAATI'ON, Esq. DATE RECEIVED: FEBRUARY 20, 2004
ADDRESS: JOE B. CORDILEONE & ASSOCIA'TESY DELIVERY TO {...;.C,ERK ON;FEBRUARY 2 4
438 ' AMINO DEL RIO SOUTH, SUITE 213
SAN DIEGO, CA 92108 BY MAIL POSTMARKED: FEBRUARY 11, 2004
FROM: Clerk of the.Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWE Jerk
Dated: FEBRUARY 201 2004 - By; Deputy
11. FROM: County Counsel, TO: Clerk of the Board of Sup rvisors
( } This claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we arc 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).
O Other:
Dated: By: Deputy County Counse.
III. FROM: Clerk of the Beard TO: County Counsel (1) County Administrator(2)
( } Claim was returned as untimely with notice to claimant(Section 9113).
IV. BOARD ORDER: By unanimous vete of the Supervisors present:
( ) This Clain 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: JOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions,you have only six(6) months from the date this notice was personally 4erved or deposited
in the mail to file a court action on this claim. See Government Cade Section 945.6. You may seek to advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you shout ddi so,
immediately. *Far Additional Warning_See Reverse Side of This Notice,
AFFIDAVIT OI~MAILING
' I declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposite4.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: JOHN SWEETEN, CLERK.By. Deputy Clerk
a
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Government Gude 910: � seq.
a deme and Pf C}fftee address �U the vteimenf.
lis D nw G baon
077 odhe
Hercules, C547
Jai} Thee def ofiloe atJdress tt�wJ i J the psrs n re ant ng tfie cJa�irn d+Slr at1
c r e p+ ndence t0 1 gent:
/0 Cynthia t. Strand Esq.
J.0 e l�, CxiOJr�l€onrw A so'Clates
1J Caminr� Biel liccuth, Suite 213
fan Cje 9 1 Q
9 71 -48 ()
. C31 t iC Q i : Q IATES
Cte e hoard bf uer�rivra
bruary ' 1, 2914
The d , ae end a�tf er cr+�urtaras the docur,ence sir trnsactnn that
have rise t 5 the c#aitn as +vr edx
. ate, J ly �9 �t6present.
. lace: County of Contra osta} Ern016yrr en# & H rnlan Serwr ees Department
. Cirourrstans: 1 Sibson been working for: the Cdun cif Contra Costa,
En p oyr ent luman ervioes 3 arta_11 ent (EHSD �� September 1�, 198 .
Fo lewir�9injuries rvttiot� resulted ire derv�ca[ rad�oulitis, degenerative back
coditlar that rec}uiredo bk srgerls, cervit✓aal dlso fuien ar�dac�t
serary, Nis. €bscrt eras srbjeoted to disability diorrninatJoh. orrsrrenr in
Jcaly of ' " and
c r tinuin� thio€ c h the present dater M Gib en has suffered
frern the County's refusal to aeccrrtmodat her physi ;al restricti€an and spiteful
retal stir n by liar su er ri r rs an d cewvvorker , M Gil se�rt hbs ai e s tf erad frorrr
tl e circulation f defar t ter . fa eb ds and an €r va 'rer of ner p iva Y by
spew"tsvra wlo divuiced € nfidential informati®rl regard"trt her rr� dlca€l00,
ndition
to unprivileged individuals:
MrGib on reportdd her ncerns to Hurr�an resources,; the lersorr�€eI
lepartrnenft end her—un,ionto no avail. Since that time, tfte nrassment:end
di crirnindtiort has ontirtued unabated. The C€ unty of Centra€ Costa has
retell ated a alnst Ms, Gibson; by i suir� groundie reprirnar3ds, i to—urate
performance evaluatjens, an unfeur ded ke[ly 0: piain der�t6d reUests for
leave, AM gnirt a d propo for ate am+ unt of d#ff"iCuit case16 d assignrtte ts; as
reli as adversely irnaetin her disability and reticerneht benefits.
d} # en cat d+ + rtptic n ref the indabfedr�+�s ; bbl* att�n� it�� � damage ter tea
irourd so Ara i mai laen+av�rn at the tiraef pentattrr+ the claim:
he Cr unty's conduct inflicted severe emotit nail distress upon [�tls. t�ibsoft els,
ibso also aufferec economic oS due tri theCeUnty's unlaWWI cdnduct. Today, �s
tibsenontirltt� tit s€ ffr from this devastatn end or�gving ( r€ n .
:name + r rtam€aS thau11ictrplee or empl`r��ree� cawing;tMe irurYr
ma€ e, sr tis, % known.
T ie CC€my of Can€tra Costa, l=rrtplc�yment and Human s l�epartrnent �EHS
ill lead, (f7ler}U lttiJn M artager
gr
dylott, (Current 1M'llVlalf3n Jla3ae
Lunda Foglia,; �upervisc►r
+ yard oaf Survisears
FebruaijV' :2004:1
T �amount c,IM end c up#ju€r di cti€ rs.
[trill
s. ibsvn leas sU.,Oed damages; excess of$1,204,2 G 00. Jurisd dtican fir thesa
lairs rests ire t#� Superior �surt.
Th al you fear y dr attenticar� to this matter. if you need an additiar�al infc�rmafiran, pi�asa
c nta t gnu at the abc ve tele�h sne €urn r,
11
Ar is i.. Straft. Esq.
Er#ciosur
cCs. Chi sGibso' n
Vis, ShOron 6rd
230 Amid Drive, Sum 1�#
r9art€r�ez, CA 53
_OE B. CORDILEONE &AssOCIATE,.
A LAW CORPORATION
vA".cordileone.com
San Diego Office ~J Offices In
438 Camino def Rio South, Ste 213 San Diego Ontario
San Diego,California 92108 Oakland Costa Mesa
(619) 718-4820 (6I 9) 718-4825 Fox Pleasanton San Jose
September 3, 2003
Ms. Judy Campbell, Personnel Director
Contra Costa County EHSD Personnel
40 Douglas Drive
Martinez, CA 94557
Re: Employment Claims of Ms. Dina Gibson
Pile No: 826
Privileged Settlement Communications
(California Evidence Cade Section 1952; Federal Rule of Evidence 402)
Dear Ms. Campbell:
Please be advised that this law firm has been retained to represent Dina Gibson regarding her
employment related concerns against Contra Costa County (hereinafter referred to as "CCC".
This firm, on behalf of Ms. Gibson is pursuing issues of harassment, disability discrimination,
retaliation, infliction of emotional distress, breach of the covenant of good faith and fair dealing and
other related causes of action.
Pursuant to California Evidence Code Section 1152 and Federal Rule of Evidence 402, the
contents of this letter, and the contents of any future settlement negotiations, may not be offered
into evidence during trial. From this day forth, you or anyone acting on your behalf or on behalf of
CCC, should direct all correspondence and inquiries regarding Ms. Gibson's claims and related
issues to this firm. We realize that Ms. Gibson remains employed with CCC, although she is
currently out on a leave of absence. Any contact in the ordinary course of business remains
permissible, but you may not contact Ms. Gibson directly regarding her claims.
By way of background, Ms. Gibson began her long career with the County on September 18,
1989. She has consistently proven herself to be a conscientious, hard-working and loyal
employee for the County which has been recognized with excellent evaluations, promotions and
increases in pay.
Ms. Gibson was injured on September 21, 1993, when she fell down 4-5 stairs. As she fell, her
arm became wrenched in the stair railing and she hit the back of her head and neck. Ms. Gibson
was placed on temporary total disability on May 26, 1995, by Dr. Robert Herrick stating she would
be off work from May 8, 1995 until August 8, 1995, as well as referred to Dr. Shortz, a specialist,
for surgical consultation.
d
A 3. CORDll_EONE &ASSOCIATES
Ms, Judy Campbell
September 3, 2003
Page 2
Ms. Gibson underwent surgery due to degenerative disc disease on August 24, 1995. Upon return
from medical leave, Ms. Gibson began working as an Eligibility Worker 11 on June 3, 9996 working
only 24 hours per week. She had a caseload of 84 cases. She was re-promoted to Eligibility
Specialist and full-time hours effective July 9995 but was unable to carry the full caseload because
of her physical condition. Despite notes from several doctors diagnosing Ms. Gibson with cervical
radiculitis and specifying that Ms. Gibson would be partially disabled for some time, the County
made no attempt to provide accommodation for her condition and was publicly belittled because of
her condition.
For example, in June 1997, Ms. Gibson was allowed to develop the "help desk" position in
Hercules' EHSD office. Bill Reid, the former Division Manager, announced to the entire staff that it
she would be staffing this position due to her "medical problems." Ms. Gibson was humiliated to
have her personal and medical problems announced to the staff.
Ms. Gibson later received a "Standard" rating on her Report of Performance Evaluation for
Eligibility Worker which was prepared by Fran Treas. M . Gibson had been transferred to Mary
Hoell's unit in December 1997, when her prior supervisor, Fran Treas was promoted out of the
office. Ms. Gibson's assignment at this time was to staff the Hercules nobby Information/Help
Desk with duties which included assisting clients, screening for Intake, answering program
questions, photocopying, reviewing completion of forms, issuing Food Stamp ID cards as well as
any other duties to assist the Eligibility Workers avoid interruptions and provide faster service. Ms.
Gibson would see and help over 100 clients per week.
in November 1997, Ms. Gibson broke her right foot in 3 places. Though she was eligible to take a
medical leave of absence, she chose not to. Instead of the County working with Ms. Gibson to
ensure that she could continue to perform her job adequately, she was reprimanded and written
up for absences by Mr. Reid. When he questioned her about the absences, she referred to the
cast on her ankle which began on the end of her foot and extended up to her knee. Mr. Reid
responded that he was not aware the cast was real!
in spite of the difficulties she was experiencing at the hands of the County's supervisors, Ms.
Gibson continued to excel at her position. She was promoted to SSPA/Empioyment Specialist in
March 1993. When she asked Mr. Reid what would happen to the "help desk" position she
created, he responded that he did not know but "in any case it won't be you staffing it," He also
claimed she was needed for "more important things." He then had the audacity to state. "How
long is this so-called disability going to go on?'
Ms. Gibson accepted a March 27, 1998 offer of the SSPA position at 30 Muir Road which would
relieve Ms. Gibson from her present duties due to her yet unresolved Workers' Compensation
issue. She accepted this position until such time as her Workers' Compensation case was
resolved.
in April 1998, Ms. Gibson was transferred to the Help Desk at 30 Muir Road. This was an
intolerable situation for her. Though still recovering from her injury, she was required to use the
computer only while standing and bent over. Please remember that Ms. Gibson continued to be
J 3. CORDILEONE &ASSOCIATES
Ms, Judy Campbell
September 3, 2003
Page
treated for her back pain. She was refused any form of accommodation. At her request,
Supervisor Graham responded that she needed "a healthy person here."
Ms. Gibson received her annual performance review on April 1, 1908 for her position of Eligibility
Specialist. Despite the difficult working conditions, Ms. Gibson received a "Standard" with an
overall rating of "Standard" the highest rating she could receive. She was praised for displaying
care, patience and knowledge of the programs as well as diffusing hostile attitudes. Ms. Gibson
was commended for turning the Hercules Lobby Information/Help Desk "into a successful and
helpful addition". Ms. Gibson, in her zeal to do a good job, would take on additional tasks to assist
in easing the workload of the Eligibility Workers, was found to have kept current with the changing
regulations, and even received a letter of commendation from the Housing Authority of Contra
Costa thanking her for a quick turn around in the processing of Income Verifications. Ms. Hoell
further stated that Ms. Gibson always remained professional with the clients. Though Ms. Gibson
had been given a confirming Memo regarding attendance on December 29, 1997, Ms. Hoell
commended her for "great improvement" in her attendance. Ms. Hoell ended the Evaluation by
stating that Ms. Gibson was an asset to the Social Services Department and was to be
commended.
Because of the Departments refusal to accommodate Ms. Gibson, she was forced on another
medical leave on May 18, 1998. She was placed on FMLA from May 18, 1998 through August 14,
1998, and underwent a second back surgery on August 25, 1998. After this surgery Ms. Gibson's
doctor released her to return to work with restrictions in January 1999. Again the County refused
to provide Ms. Gibson with ,any type of accommodation.
Dr. Short prepared a note on May 20, 1998 for Ms. Gibson stating she was under his care for
cervical radiculitis and was out of work May 18 -- 20, 1998 for this reason. He stated she was
temporarily totally disabled and would remain so until May 21, 1998.
The County put Ms. Gibson on leave from February 1999 to July 31, 1999. First, Ms. Gibson was
returned to her assignment at 30 Muir Road with the same: working conditions. The help desk still
had to use the computer standing up and/or bent over. There Was no space to write or interview
clients. After Ms. Gibson complained, she was taken off work by the Personnel Department until
they could accommodate her. However, time passed with no effort to make such
accommodations and Ms. Gibson was not allowed to return to work until Fran Treas intervened.
While on leave, Ms. Gibson would only receive two-thirds of her salary, However, the amount she
received was calculated according to 1993 rates and not her current salary. When IVIS. Gibson
repeatedly called Personnel to find out when she could return to work Delores Debaca informed
Ms. Gibson that she was not "a priority". Ms. Gibson was finally permitted to return to work after
contacting Fran Treas. Ms. Treas said "it was enough" and arranged for Ms. Gibson's return, Ms.
Treas admitted that Ms. Gibson was needed at work and was capable and expressed confusion
over what possible reason Personnel had for punishing Ms. Gibson and thwarting her return to
work.
J{ B. COkDILEONE ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 4
Ms. Gibson returned to work on August 1, 1999 at the EHSD Hercules office as an Eligibility
Specialist. This time Ms. Gibson pressed the issue of requiring accommodation. To
accommodate Ms. Gibson's needs, the County re-installed a continuous surface work desk for
which there was no additional cost and gave her a plastic floor mat.
Jean Haskell, Employee Rehabilitation Counselor, prepared A Rehabilitation Plan Agreement, for
the County on July 30, 1999 which Ms. Gibson executed on August 4, 1999. According to the
County, this Agreement was prepared to facilitate her return to work. Unfortunately, Ms. Gibson
never received any of the services delineated in the Agreement. In response, Dr. Paul Slominksi
wrote Ms. Gibson a prescription on August 12, 1999 for an "ergonomic workstation" because she
was post operative for cervical spine fusion.
Ms. Gibson went to the ER on March 15, 2000 due to an angina incident. This occurrence was
directly due to the County's violation of her doctor's orders. Specifically, Dr. Shortz had stated that
Ms. Gibson could return to work as an Employment Specialist. However, the County insisted that
Ms. Gibson handle both the Employment Specialist position as well as the Eligibility cases. There
was a huge difference in the amount of continuous repetitive work required between the two
classifications, such as lifting, carrying, filing or reaching. Ms. Gibson could have been assigned
the Employment Specialist cases only and there was no justified reason for the County to give her
two jobs to deal with. The burden of two jobs caused Ms. Gibson extreme, additional pain and
stress, which manifested itself in the form of heart palpitations and chest pain, resulting in the
aforesaid angina incident.
On March 17, 2000, Maggie Arcaya sent an email to Sue Harryman stating that Ms. Gibson had
passed her probation and was rated "Standard" overall. She advised she would complete the
evaluation narrative as soon as possible. Despite her positive rating, Ms. Gibson remained the
victim of a hostile and highly stressful environment.
Because of the hostile treatment, Ms. Gibson experienced at work, she underwent an angiogram
on April 21, 2000 to ensure that her heart was in good condition. She was told that she had small
arteries and that the flow of blood and oxygen to her heart was affected when upset or unduly
stressed.
Ms. Gibson later had to undergo an endoscopy because of acid reflux she was experiencing due
to stress at work.
Ms. Gibson went out on medical leave from October 9, 2000 to December 31, 2000 so that she
could participate in physical therapy for her cervical disc disease which related back to her
September 1993 injury. By this point in time, Ms. Gibson had also been diagnosed with
fibromyalgia.
Dr. Slominski prepared a letter which was directed to Barbara Hilton-Brown, the Contra Costa
County Claims Adjuster handling Ms. Gibson's claim, responding to her letter of October 13, 2000.
Dr. Slominski, stated that upon her return to work, Ms. Gibson would have work restrictions of
Jt B. CORDILEONE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 5
lifting no more than 10 pounds, no repetitive bending, stooping, or lifting, as well as no lifting
overhead.
Can or about December 29, 2000, Ms. Gibson spoke with Mr, Reid regarding her return to work.
He advised her that Supervisor Arcaya was on vacation and had left instructions regarding Ms.
Gibson's new assignment. Maggie Arenya commented: "This is never going to happen again"
referring to Ms. Gibson's leave of absence.
Ms. Gibson returned to work on January 4, 2001 at EHSD in her position as an Employment
Specialist. Her "new assignment" was only to last until July 2001. Mr. Reid came to her and told
her that she needed to take over "Kris"" caseload. When she responded that she was not
supposed to be performing that work for medical reasons because that caseload was so big, he
responded that they wanted her to do it. He would not reassign or divide the caseload as was
standard operating procedure. Mr. Reid again asked when the "damn so-called disability was
supposed to be done with." Though overworked and overloaded, Ms. Gibson continued to
perform her responsibilities in an ,above standard manner. unfortunately this.was done at great
physical and emotional expense.
Ms. Gibson began working a 32-hour work week on July 3, 2001 at Supervisor Jan Watson's
urging. This was not done to "accommodate"-Ms. Gibson, but done solely for financial reasons
due to the financial hardship the County was undergoing.
Ms. Gibson was later retaliated against by her supervisor, Asenith Toliver, because of her reports
of inappropriate behavior, Ms. Gibson complained to Mr. Reid regarding Ms. Toliver's behavior in
the office after she had been promoted to Al supervisor status. Ms. Toliver sat in her office for
over an hour fighting with a family member over the telephone. Ms. Toliver was screaming
obscenities loud enough for all to hear, including, clients that County employees were talking to
over the phone. All in the office were concerned with the escalating yelling and potential violence.
Ms. Gibson complained to Mr. Reid who responded that he. would talk to her and that they had
"had grave concerns" in promoting M . Toliver. Ms. Toliver later learned that Ms. Gibson had
been the employee who complained about her behavior that day. Since that date, Ms. Toliver had
made a concerted effort to make Ms. Gibson miserable and to find fault with her every action.
For example, Ms. Gibson received a Letter of reprimand on October 22; 2001, a mere month after
M . Gibson's complaint, signed by Wendy Therrian, Director of Workforce Services. Ms. Therrian
refers to an incident on July 2 , 2001 wherein Ms. Gibson received a Confirming Memorandum for
"the excessive amount of time" away from her job in May and June 20011 as well as her
"unprofessional behavior toward your supervisor." Ms. Therrian states that Ms. Toliver had offered
her the services of EAP which was declined, According to Ms. Therrian, Ms. Toliver had
"consistently" asked what she could do to Delp her to improve her attendance. The.Letter further
cited an incident on September 19, 2001, wherein Ms. Gibson left five voicemail messages which
were "inappropriate, hostile and unprofessional". Ms. Therrian states that the July Confirming
Memo advised that Ms. Gibson needed to provide doctor's verification for any absence due to
illness and to request supervisory approval in advance. Ms. Gibson was accused of not doing so.
A B. CORDILEONE &ASSOCIATES
Ms, Judy Campbell
September 3, 2003
Page 6
Ms. Therrian concluded by stating that any continued failure to meet their expectations would
result in further disciplinary action.
In the morning of October 25, 2001, Ms. 'Toliver advised Ms. Gibson that Mr. Reid wished to see
her. Ms. Gibson asked her how much of this treatment she had to take. She was so upset that
she went home and took 2 nitroglycerin tablets to help her calm dowry. She also went to see her
doctor. When she requested an additional prescription she was asked if she had any chest pain.
When she responded that she did, an EKG was performed immediately. Though Dr. Morford
wanted her to go to the Emergency Room, Ms. Gibson refused. When she returned home, she
contacted Mr. Reid to explain what had happened. Mr. Reid told her she was "despicable" and
"deplorable." He told her to "come and take your medicine." They agreed to a meeting date of
October 29, 2001. On this date, all Mr. Reid did was deliver another copy of the aforementioned
October 22, 2001 Letter of Reprimand.
Ms. Gibson attempted to contact Mr. Cullen, the Director for the Contra Costa County
Employment and Human Services to report her concerns about her supervisor's behavior. She
telephoned Mr. Cullen and left him a voicemail message advising that Division Manager Reid had
called her "deplorable„ "despicable" and "to come and take her medicine". She asked Mr. Cullen
for his assistance, but she never heard back from him.
In June 2002, Ms. Gibson underwent disciplinary action and received a two-day suspension for
allegedly failing to provide medical verification for her absences. However, Ms. Gibson did in fact
provide such medical verification. Ms. Gibson was also told by Renee March, the Personnel
Assistant, that she could no longer make up time on a Friday as they could be "medically liable".
Ms. March rolled her eyes and said to the other employees at the meeting "Seven LOA's, God!"
In July 2002, Linda Goglio, Ms. Gibson's new supervisor, walked out into the hallway with Ms.
Gibson. A few days earlier, she had confided in M . Goglio that she was not doing well and would
have liked to have been able'to talk to her about it but was concerned that all she said would be
repeated to Ms. March. Ms. Goglio backed Ms. Gibson up to the wall and told her: "Whether you
want to confide in me or not, I will do what I have to doll" Apparently, Ms. Olcott had reprimanded
Ms. Goglio for approving Ms. Gibson's vacation time. Please note that Ms. Gibson tools that time
off without pay because she did not have any vacation time left. This vacation was from August
30, 2002 to September 20, 2042 and was a pre-planned trip to England and a 15-day trans-
Atlantic cruise that was planned and paid for a year in advance. Ms. Gibson had filed a formal
written request for this time off many months in advance and it was approved in approximately
,lune of 2002.
Ms. Gibson attended two meetings with Employee Assistance Counselor Jim O'Donnell in August
2002 and October 2002. He advised Personnel that she did not need counseling and she needed
to keep on track for her pain management.
After Ms. Gibson returned from her vacation, she saw Ms. Goglio on September 24 at which time
Ms. Goglio referred to her as her "worst nightmare" in the presence of many other co-workers.
Five minutes later, Ms. Goglio turned to her and admitted that Ms. Gibson really worked hard, her
A B. CORDILEONE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 7
cases were beautiful and that all anyone had to do in her absence was a few transportation
requests. Ms. Gibson's co-workers likewise acknowledged that Ms. Gibson had prepared very well
for her absence and thanked her for how little time they had to spend on Ms. Gibson's cases and
clients.
A Notice of Proposed Action (Skelly Notice) was executed on November 6, 2002 by Judy
Campbell "for John Cullen". In this Notice, which was actually dated November 8, 2002, two
Charges were made against Ms. Gibson. One related to what was alleged to be "persistent
pattern of excessive unauthorized/ unscheduled absences and tardiness" since her June 12, 2002
suspension and July 31, 2002 Confirming Memo. The second charge related to allegedly not
providing doctor's verification for illness related absences and not requesting advance supervisory
approval. The charge alleges 33 incidents of unscheduled absences. However, Ms. Gibson did
provide the medical verification as requested. Ms. Gibson provided the requisite medical
verifications to her Supervisor Linda Goglio. However, it was Supervisor Goglio who did not
forward the medical documentation to the Personnel Department and then later sat through the
meeting of November 13, 2002 without saying one word. The Notice called for a five day
suspension without pay.
On November 12, 2002, Ms. Goglio told Ms. Gibson to read her email. The email advised Ms.
Gibson of a personnel meeting to be held on November 13, 2002. When Ms. Gibson approached
Ms. Goglio to find out what was going on. Ms. Goglio responded that she was doing well and that
positive things had been said but: "Judy said it makes no difference, mitigates nothing, they are
going to take the next step anyway". When Ms. Gibson asked for her positive evaluation, she was
told that Ms. 01cott had it and would not let her see it. Ms. Gibson became very upset and
disturbed by this turn of events.
Ms. Gibson faxed a letter to Ms. March on November 12, 2002 regarding the November 13, 2002
meeting. Ms. Gibson states that there had been improvements since the June 2002 meeting,
however, there were things that were just out of her control. She pointed out that her physical pain
was a direct result'of her employment with the County and the two cervical spine surgeries. Ms.
Gibson also pointed out that she had done her best to comply with the directive to provide a
doctor's note for every absence due to illness. She refuted Ms. March's contention that she had
contacted the doctor's office and had been told that a doctor's note would be provided at any time
that Ms. Gibson requested. Ms. Gibson confirmed with her doctor that he did not have to see her
each and every time she had problems because of her chronic health problems. Both she and her
physician wrote notes asking that the meeting be postponed for 90 days as the stress could
interfere with the medical treatment she was scheduled to receive November 21, 2002. Incredibly,
the County refused to postpone the meeting and it did in fact interfere with Ms. Gibson's medical
treatment.
At the November 13, 2002 meeting, Ms, Gibson was given another reprimand in the form of a five
(5) day suspension. Ms. March said the County could offer her a 9Owday leave of absence so Ms.
Gibson accepted. Ms. Gibson was sick to her stomach when she left this meeting, Dr. Kas
Amirdelfan wrote Ms. Gibson a note on November 21, 2002 stating that she would need to be off
work "until further notice in order to stabilize her condition. 2/15/03".
J, B. CGRDILEONE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 8
Ms. Gibson was given an Order and Notice of Action on November 22, 2002 and suspended for
five (5) days without pay effective November 18, 2002 for the dates of November 9, 20, 26 and
December 3 and 4, 2002 and the dates were chosen specifically to minimize the time needed to
warp Ms. Gibson's cases and to maximize the further exacerbation of stress and related pain to
Ms. Gibson, The charges listed in this Order were the same as delineated in the November 6,
2002 Skelly Notice.
Ms. Gibson's leave of absence began November 25, 2002. She was denied assistance from the
County's Catastrophic Leave Bank because she did not meet the criteria on December 18, 2002.
She lost two months of her service time and had to live on $419.00 a week in SDI payments.
While on leave, her cases were once again reassigned and not returned. This is not a standard
practice in the department.
Ms. Gibson submitted her Request for Leave of Absence on November 27, 2002 due to "personal
serious health condition or illness" so that she could obtain medical treatment with the goal of relief
from continuing pain. This request was approved by both Judy Calcott and John Cullen.
On November 27, 2002, Ms. Gibson again requested, in writing, that Ms. Goglio provide her with a
copy of her Employee Evaluation prepared on or about November 7, 2002. Gayle Walls, the Chief
Negotiator, Income Maintenance, for SEW Local 535 forwarded Ms. Gibson's request and
grievance to Leslie T. Knight, Director of Human Resources, on November 27, 2002. The
grievance alleges that the Notice of Proposed Action of November 13, 2002 violated section 23.1
and other relevant sections of the Memorandum of Understanding between the Union and the
County. Ms. Walls requested a reversal of the five day suspension with reimbursement for any
loss of wades.
Dr. Timothy Shen wrote a note on January 31, 2003 stating that Ms. Gibson was under his care for
cervical disc disease and that she could return to work for 5 hours a day from February 4 through
February 19, 2003. He would allow her to resume her 32 hour a weep schedule on February 17,
2003. This was given to Ms. Goglio on February 4, 2003.
Dr. Dillow provided Ms. Gibson with a note dated February 3, 2003 advising that she could return
to work effective February 4, 2003, however, she could only work 5 hours per day until February
14, 2003. He further advised that she should be able to resume her regular 32 hour week as of
February 17, 2003. She was permitted to stand and walk as tolerated.
Ms. Gibson returned to work from her leave on February 4, 2003. This was only 24 days following
major surgery. Her physician allowed her to return to work because she had been assured of
"help. and accommodation" upon her return. Unfortunately, she did not receive the assistance as
promised.
On February 4, 2003, she provided Ms. Goglio a note advising her of a dentist appointment
scheduled for March 19, 2003 that she could not reschedule, but stated she would come in early
that day to make up for the time. She also advised Ms. Goglio on February 5, 2003, that she had a
Jt B. CORDILEONE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 9
doctor's appointment scheduled for March 11, 2003 and would need to leave at 2:40 p.m. She
said she would either came in early or give her a time card. Ms. Goglio thanked her for the
information.
On February B, 2003, Ms. Gibson notified Ms. Goglio of an appointment she had with personnel
can February 12, 2003 at 9:00 a.m. and would return after the meeting had concluded. Ms. Goglio
again thanked her for the information. At this meeting, John Cullen, a representative for the
County, stated that he had reviewed the file and had all the information". Clearly he and the
County have been put on notice .once again that Ms. Gibson was being harassed and
discriminated against. Nothing was done as a result of this meeting.
Between February 7 and February 28, 2003, Ms. Gibson was given 45 cases, many of which had
been "hand picked" by her co-workers as undesirable. Ms. Goglio did not review the cases prior to
them being reassigned to Ms. Gibson. This was again not standard procedure. Out of about 35
cases, no less than 13 were scheduled for an in-office appointment on March 3, 2002. When she
complained to Ms. Goglio about the "mess", she responded: "Well, when you are out and came
back, you get what you get". Ms. Gibson told her that no one could handle all of it. M . Gibson
was expected to handle it and not complain. Ms. Gibson could barely walk by the end of February
2003 because of excruciating pain. Her physician had written no less than four (4) notes to the
County advising that she needed to return to work on a "gradual" basis and Ms. Gibson was forced
to miss some time at work due to the pain and swelling.
Ms. Gibson attended a personnel meeting on February 12, 2002 . in which she, her union
representative, Gayle Walls and Mr. Cullen attended. A request had been made for the
Disciplinary Action of November 13, 2002 to be rescinded.
Ms. Gibson submitted her time card for February 10 through February 14, 2003 on February 18,
2003 as well as a copy of her doctor's note for February 12 and 13 for her foot surgery. She
further advised that she had, a doctor's appointment on February 14 and would need to take her x-
rays to him. She also notified Ms. Goglio of an upcoming doctor's appointment on March 4, 2003
at 3:00 pm. Ms. Goglio thanked her for the information.
Dr. Grimes prepared a note for Ms. Gibson on February 14, 2003 requesting she be excused from
work on February 12, and February 13, 2003 due to recovery from her foot surgery. He advised
that she needed "gradual return to work on her foot." Ms. Gibson provided Ms. Goglio a copy of
the note on February 18, 2003,
Ms. Gibson notified Ms. Goglio on March 3, 2003 that her doctor's appointment of March 11, 2003
had been cancelled and rescheduled to Murch 25, 20'03. She reminded her that she still had
appointments an March 4 and March 19, 2003, advised that she would be leaving a few minutes
early this day for an appointment at 4:15 p.m., and told her she had come in a few minutes early
that morning to make up for that time.
Ms. Gibson received a telephone call from Gayle Walls, a Union Representative, on March 6,
2003 regarding the personnel meeting held on February 12, 2003. They met with Mr. Cullen
K 3. CORDILEC. NE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 10
regarding the February 2003 meeting. He asked Ms. Gibson if she had any hope of recovering
medically, she responded that she could, however, cooperation was necessary from the County
and its employees. She reminded hire that she had had major foot surgery on January 10, 2003
and that her physician had asked that she return to work "gradually". Mr. Cullen told Ms. Walls
and Ms. Gibson that he would not rescind the action of November 20032 because she had taken
time off from work on February 13, 2003. Based on this decision, Ms. Walls advised her that the
Union would not be pursuing the matter any further. She told her that the county did not care about
all of her medical conditions and that it-was about "Judy", "Linda" and the money.
Dr. Grimes provided Ms. Gibson with a note on March 7, 2003 stating she had been under his care
recovering from foot surgery. He explained that Ms. Gibson was having swelling, which was "out of
proportion from a typical recovery". Dr. Grimes felt this was the result of too much activity at work.
He advised that Ms. Gibson needed to have her foot elevated for at least 103-15 minutes every
hour and needed to limit her walking. Dr. Grimes also stated that she had not been at work part of
the day on March 5, 20303 and all of March 6, 2003 "as a result of over activity related swelling."
Ms. Gibson provided Ms. Goglio a copy of this note on March 13, 2003.
On March 12, 2003, Ms. Gibson notified Ms. Goglio that the medical appointments she had
previously advised her about for the month of March had all been cancelled to accommodate
EHSD. She did advise that she had an appointment that day at 1:45 p.m. and one on March 203 at
4:001 p.m. She further told Ms. Goglio that the medical appointments were "personal and
confidential in nature" and she would not be providing a doctor's note.
Ms. Gibson asked Ms. Goglio for further clarification on medical verifications on March 13, 2003.
At the personnel meeting of February 12, 2003, John Cullen had said that he was "not concerned
all that much" with her providing medical verifications for every time she was ill or had a medical
appointment. Ms. Gibson asked that Ms. Goglio clarify with either Judy Campbell or Renee or
anyone who could respond whether or not she needed to continue providing her doctor's notes.
On March 14, 2003, Dr. Michael Morford provided Ms. Gibson with a note stating that she may
make-up work time on a Friday but was to maintain a 32-hour work schedule through October 17,
2003. Ms. Gibson .attached this note to a request to Ms. Goglio on March 25, 2003. She
discussed making up "missed time" on Fridays which was normally a furlough day in case she
missed a day earlier in the week. Ms. Goglio wrote a memorandum: to Judy Olcott on March 26,
2003 and provided Ms. Gibson with a copy. She confirmed that Ms. Gibson had provided her with
a copy of the doctor's note and her own memo of March 25, 2003. Ms. Goglio further stated that
she had "responded in the past to Dina that she is not permitted to make up time." Ms. Gibson
immediately wrote a response to the Memorandum to both Ms. Goglio and Ms. Calcott and advised
her that she had not been told in the past that she could not mare up time. She reminded Ms.
Goglio that on March 20, 2002 she told her to submit a doctor's note which would be forwarded to
Ms. Olcott for a response. She was told to not come in on Friday, March 21, 2003.
On March 18, 2003, Ms. Gibson injured her right foot (the foot recovering from surgery) when she
tripped over some rotted out carpet. She did make a Workers' Compensation claim as required
for this injury which was signed by Ms. Goglio on March 24, 2003. Ms. Gibson received a note
K 3. CORDILEONE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 11
from Dr, Grimes on March 24, 2003 stating she had injured her foot on March 18, 2003 and
worked only part days on March 18 and March 19 and missed a full day on March 20 because of
the injury.
Ms. Gibson attended a case conference with Ms. Goglio on March 25, 2003. Ms. Goglio closed
her office door and told her that she was physically and emotionally weak and fragile, and I will
not support or encourage you because our clients are not being served," Ms. Gibson was shocked
and appalled at this response! She had been a hardworking and loyal employee for the County
since 1989. Ms. Gibson was heartbroken and was not sure if she could go on.
Ms. Goglio provided a formal response to her request on March 27, 2003 and told her that her
work schedule would remain Monday through Thursday from 7:30 — 4.00, "This request to
occasionally make up time on Fridays is declined."
Dr. Grimes prepared a note on April 7, 2003 stating that Ms. Gibson was unable to work on April 1,
April 2 and April 7, 2003, Ms. Gibson provided Ms. Goglio a copy of the note on April 10, 2003.
Ms. Gibson wrote to Ms. Goglio on April 8, 2003 regarding problems she had been having with her
relating to her servicing of her clients. Ms. Gibson pointed out several instances where mistakes
had been made by Ms. Goglio that had affected Ms. Gibson's work.
On April 9, 2003, Ms. Gibson learned from the owners of the Villa Lounge in Pinole, California that
two female Contra Costa employees had come into the bar on March 28, 2003 and showed a
photograph of Ms. Gibson and asked questions about her and otherwise made defamatory
allegations about her veracity regarding her industrial injury. Since Benson Troung did not
recognize her, they returned on April 9, 2003 and spoke with Ann Troung who did recognize her.
Please note that Ms. Troung had spent time in a Vietnamese POW camp was easily frightened
and intimidated by these employees. Ms. Troung relayed to Ms. Gibson that she had been very
frightened by the visit.
Ms. Gibson contacted her Workers' Compensation adjustor, Linda France, to ask if she was being
investigated for her foot injury of March 2003. Ms. France told her that the file had not even been
opened yet. In fact, as of the present time, Ms. Gibson has not received any workers
compensation benefits for her foot injury or any other correspondence from the workers
compensation carrier.
Ms. Gibson then contacted Ms. March and asked her if she knew anything about the interrogation
of Ms. Truong. Ms. March told her that they had had a "community complaint" about her. Ms..
March alleged that someone had seen Ms. Gibson at the Lounge and because she was getting
Workers' Compensation for her foot injury, there was a complaint. Ms. March told her that
because they had received a complaint, they had an "obligation" to investigate it. Ms. Gibson
responded that she had just spoken with Ms. France in the Workers' Compensation department
and had been told otherwise. Ms. Gibson complained that this was being done to further harass
and humiliate her and it had a profoundly negative affect upon her. Ms. Gibson could not sleep for
A B. CORDILEONE ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 12
5 days. To add further insult, one of the County Investigators admitted that she knew Ms. Gibson
was not at the Villa Lounge on the date in question.
Ms. Gibson submitted a Voluntary Time Off (VTO) Request Form on April 10, 2003 requesting
time off for one day per week during the period of May 1, 2003 through October 17, 2003. Ms.
Gibson provided a copy of her doctor's note and indicated that the reason for the request was her
chronic medical condition. Ms Judy Olcott, Division Manager approved the request on April 16,
2003, however changed the end date of the leave to August 31, 2003 and noted: "The need for
extended VTC) will be addressed at this time."
Ms. Gibson notified Ms. Goglio on April 10, 2003 that she would be filing a grievance for failure to
provide her a "reasonable accommodation" as well as failure to provide her with any positive
feedback as required by the Department's Supervisor Handbook regarding the excellent work she
had been doing, and finally regarding the Disciplinary Action of November 13, 2002. Ms. Gibson
stated that she did not want to be moved from her present work station.
Ms. Gibson wrote to Ms. Goglio on April 16, 2003 stating that since her "new" case load began on
February 17, 2003, she had worked very hard and had managed, in spite of a painful surgery and
subsequent rehabilitation, to continue to provide excellent service to her clients. At their March 25,
2003 conference, Ms. Gibson had expected to be commended for all of her hard work as she had
been in the past. Instead, she had been criticized and humiliated.
Ms. Gibson further noted that at the second case conference held on April 15, 2003, she again
presented a good review and received no positive feedback. The only positive comment she
received was that Ellen Rosen, a supervisor in the SES unit, always appreciated her concise
documentation of cases that are referred to her unit. Please note that County policy and the
Supervisor's Manual provided to all Department Supervisors and Managers, specifically discusses.
"coaching and counseling sessions" which call for "giving constructive feedback" and addressing
the performance, not the behavior. Clearly, Ms. Goglio crossed that line when she personally
attacked Ms. Gibson by telling her she was "physical and emotionally weak and fragile."
During her evaluation, Ms. Gibson received and reviewed the Addendum for Social Service
Program Assistant (Employment Specialist — Post-assessment) provided to her. The items
delineated in this document are performed by only a select few other employees in the same
position as Ms. Gibson.
On April 22, 2003, Ms. Gibson left Ms. Watson a voicemail message stating that she really needed
a few hours vacation time. Since she no clients coming in and had already checked her voicemail,
she left for the day.
The morning of April 23, 2003, Ms. Olcott called Ms. Gibson into her office. When Ms. Gibson
arrived with her union representative, Mavis Hammond, Ms. Olcott told her to leave. At that point,
bath Ms. Olcott and Ms. Watson grilled Ms. Gibson regarding her schedule for the last couple of
days. Ms. Olcott told her she was not going to use vacation time which had to be requested and
JC 3. CORDILECNE &ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 13
approved in advance. Ms. Gibson was well aware that this was not a standard procedure in her
department.
On April 24, 2003, Ms. Gibson was forced to leave work because she was feeling ill from the strain
of the continued harassment she was forced to undergo. She did complain to Ms. Watson that
she was ill because of the treatment and harassment from Ms. Olcott and took nitroglycerin for her
chest pain. Ms. Gibson was in extreme pain due to the stress and wrote Ms. Watson a note
stating that her neck and shoulder were causing her a lot of pain which happened when she was
under stress. She had arrived at work at 7:30 am, by 8:15 she could no longer tolerate the pain.
As a direct result of CCUs acts and omissions described herein, Ms. Gibson has suffered from
extreme stress, depression, exhaustion, humiliation, acute anxiety, headaches, insomnia, feelings
of fear, failure and betrayal, abandonment, hopelessness and desolation. The severe stress of
CCC's misconduct has adversely affected not only Ms. Gibson, but her family as well, leading to
great strain in her personal relationships. As such, Ms. Gibson is entitled to compensation for the
severe emotional distress damages callously inflicted by CCUs agents.
Ms. Gibson is also entitled to compensation for her significant economic losses. From 1997
through to the present, Ms. Gibson has lost over $97,200.00 in wages that were not compensated
by workers compensation, sick leave, disability or vacation benefits. The highest amount was last
during the time period that CCC's agents intentionally refused to permit Ms. Gibson to return to
work. Ms. Gibson's current salary of $4,630.00 per month, plus employer-paid benefits at a value
of $2,100.00 per month,. make Ms. Gibson's monthly earnings approximately $6,730.00. However,
CCC's malfeasance has had far-reaching effects on Ms. Gibson's present wage loss as well as
her future options regarding disability or retirement. For example, Ms. Gibson's eligibility for
County Retirement Benefits is lower due to the lost service time and forced time off. Her eligibility
for Social Security Benefits would have been much higher if not for all the lost and unpaid income.
CCC's Human Resources Benefits Service Unit has once again denied Ms. Gibson assistance
from the County's Catastrophic Leave Bank, even though Ms. Gibson clearly meets the criteria for
such assistance. A Catastophic Illness is defined as "a critical medical condition, a long-term
major physical impairment or disability which manifests itself during employment To receive
credits under this plan, an employee is required to have permanent status, must have exhausted
all time off accruals to a level below eight (8) hours total, and have applied for a medical leave of
absence and have medical verification of need." Ms. Gibson met each and every one of these
requirements, yet was denied the Catastrophic Illness Leave benefits. Ms. Gibson remains deeply
concerned about her future and simply wants to return to her Employment Specialist position
without CCC's harassment and interference. As a result of CCC's harassment and discrimination,
Ms. Gibson will be seeking compensation for all past and future economic losses resulting from
CCC's violation of her legal and contractual rights.
Despite our confidence in the merits of this case and our strong belief that our client will prevail in
aury trial. Ms. Gibson is open to a good faith attempt to put these traumatic events behind her as
soon as possible. In an effort to resolve this matter short of litigation, Ms. Gibson willexecute a
complete release against CCC and its agents and employees, as well as a provision of
J(,� 3. CORULEONE &'ASSOCIATES
Ms. Judy Campbell
September 3, 2003
Page 14
confidentiality. In exchange, Ms. Gibson requests a settlement offer that takes into account both
her economic and emotional damages, in the total compromised amount of$1,204,230.00. In light
of the serious amount of past and future lost wages, this is a reasonable offer of settlement.
Please contact me regarding this matter within the next ten (10) days. Ms. Gibson and I look
forward to your response.
Sincerely,
Cy t is L. Stratton, Esq.
L flmktsvt
cc. Dina Gibson
CI.AIIvI
BOARD OF SUPE VISORS OF CONTRA-COSTA COUNTY ► !
BOARD ACTION: RCI 23, 2004
Claim Against the County, or District Governed by )
the Beard of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken: on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
E8 :.; :_; 915.4. Please note all"Warnings''.
<> t.
AMOUNT: X491.09
CLAIMANT: DAN BRAUCKRICK SERVICES, INC.
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 23, 2004
ADDRESS: P.O. BOX 1749 BY DELIVERY TOC,LERK ON: FEBRUARY 23, 2004
BREM700B, CA 94513
BY MAIL POSTMARKED: FEBRUARY 20, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
FEBRUARY 23 2004 JOHN SWEETEN, Cle
Dated: y By: Deputy
II. OM: County Counsel. TO: Clerk of the Board of Supervisors
(..
This claim complies substantially with Sections 910 and 910..2.
4
( } 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 By C ;?; , �i Y Deputy County Counse
III. 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. ARS?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: ,eA0 JOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions, you Have only six(6) months from the date this notice was personally served or deposited
in the mail 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
immediate!y. *For Additional 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: %2"34OHN SWEETEN, CLERK.By � Deputy Clerk
...............__..._
........_. ........ _._._.... _
_ _ ....... ._.......... _ ......_. _. _
_ _ .. .. . _
claim tot BOARD OF SUPERVISOF43 OF OMM C=k COUNTY
ntm=mms To aADMT
A. Claim re t % to camas or action for death or fir injury to person Or tO Per-
sonal ply or grouing amps and vAfch acet-aft on or before Dwember 31a 19372
must be meted rot liter than the Mth day after the &=wl of the cause of
aCtIM. QAIM ral8ti2lg to CaUSM Of,ic1 'ftrAsath C1r for injury to PeMon
of to persoral property or growing and ihic� aaarm on or after Jay 1,
1988, est be presented not later tton six momMa after the wa%a.1 of the Muse-
of
use
offte
�,,� action. w� relat�yi�ng to ems' othero of actit7r�not t@¢���d not 6911-2.)y
s year
the ai=val of the cause of
vt- Code
S. Claims t be filed with the C.erk of the BMIM Of S1perr13(r3 at its office in
Room 106, Crxss'tty Atmi dstration &d1dings 651 Pile Stmt# Hertinez, CA 94553-
C. if claim is against a district gored by the BoWd of Supervisors, rather than
the Countys V* name of the District, should be ftlle d in.
D. If the claim is against more than one public entity, separate maims must be
filed apinst each: public entity.
E. Fraud. See penalty for fraudulent claims, Pwal.tie Seo. 72 at the end of this
RE: Maim W � V for Mer'it's fi L,% stamp
REC
, FEB 2 2004
O
l3ialt3`itlt� CCIeiTF?AC'�5 A ��PS
The igted claimmit bwWW,makes claim against the County of Contra: Costa or
the ebov District It the sum of $ and in sWport of
this claim represents-as follows
1. When did the "e.or ip jug oc om-9. (Give east date and ho=)
lob
.1c.t,d injury (+�.�,�y�itii city
,r,�� �..u..w.....<�.,......��m.
2- ob did r 4.L7�4ilude cir y � rA v-may)
• '', Yl 3s• 4"� ...✓{>y^� ,.. 'k✓� !,l J.4.. ��`• �+L53�A'y j�r
t3i4 did the or injury occur? (Give fat . details; use wars paper if
required)
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;F pe-n '7 d EPcrteas'a
AL
t. What particular ant or cmissica an the part of county or district officws,
servants or.awl caumd.the•btu"y,,xor dmmap"
f r" e?-,4 ,E
�yw.- / �` y, y/+�f f 7 ....y/+'; s y /,.✓�/� ,may �'j) ,. / y
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.... ..
ML;--1t5-4MzS 2.1114b Lf;€: Klbl( MNN4 ' f SM 142 P.W
Wtiat are the tis of qty or district officers, servants or mployees causing
the damage or injury?
d What dump or Injwies do you claim rested? (Give full extMt of in les or
damages dUised. Attach tern estf mat" for auto e.
7. tysyWW M" jt� injury� Cl ebaa ve emoted? (1n* Ude the estim� si am=t of any
ve
S. !dames and addresses of witnesses,s, doctors and hospitals.
g> 'fit the mVnditures you made: on amt of this aoaident or injuri►c
DAA
. e � � eee � ee .e * ecEet � � ee-ee,ee +� e � ct �t-e � ea * et � �r � e � � �„e �
tint. Code See. VD:2 Orovit3es: . .
Me c2m" mit be signed by the claimant
SM MMMS Toa (At or b e
Vim— mid se oYttamay �
APO-
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N0TICB
Section 72 of the Penal Cade provides:
Y person o,, with intent to defmud prwmta few a"lvance or fW
payumt to any state bad or cff is rl, or to my oouftty,F city or district boat or
of fiew, ii i to allow or per the me If .9MAMI, ony false or rmudulent
.aim, bill, Wit, , or writing, is punisfabe either by IWriminent in
the ocxmty Jail-for a period of a*t Olin me- `,, by a fin of not elzasedLm
we thousand ( ,tom), or tV-both t it Wd moi.-or bY isPrisorm ent In
the stateprt-A)rt by a fire of not exceeding tet tbm d .dol1axns {$10,0W, or °s3
bath nuh iVriso mcnt and fine.
TOTAL P.03
TI'Rf T3t TR16tl'fiION SYS,,TEI t 5. Ili C
ior-0701" REIT TO,
Dept.530 a DonveT,CO 8i)241-063t3
Tire Distribution Systems, Inc #Na IDICE tJE CUST. .ti. ORDER gar.:. PAG € s�� ,� NO.
r _ ,
DUD NaP
N.ae 3 �P- 7 MAXI-4 PERSON, C.M-i p.P4vi�iE S3-4c�N##
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F1�fv4"i A N STATBME' '9'FAY' aSA 1'--?4Rs"'.�i�G�QY3CSUM CgfDfl Clow tk}C?s6WRi Y-AaK-EMM , !
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i RiNT NAME r AkFfklCkWED 54GMATURK
TK: 'x :. t t' $ . NC C-A G:&,f£>a cu#Ezrnw'sr'&t pay,i4l tui.,4?&m u' :11e 103 c ha ft='icra:ng;
M .f WAS NC 14A%ES 4-6:^r.,p z*d ern a,zn wts M 8wu nr mero pas:due at t�&.PEPM, C RATE of 1,5% Eq k4ONTn
N' hhwd. aTr0a sl.=• sr#s,s:am AMNUAt °f:_f'f37Aes£ kTx Cr'IM Tc< cxdit ws ru:,s #- .xt $ ;
n ice..:c x 4r.f;e;'e{,$-:n grey.:�zr.x:rte{<Mrc�vvanss of tht�ro4rrxt ..,c.;t a^C�,+xtPws.r.,�Y i=erFROM.
TF3f=
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e2
APPLICATION To FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
BOARD ACTION
MARCH 23, 2004
Application to File Late Claire ) NOTICE TO APPLICANT
Against the County,Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors(Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8
and.915.4. Please note the"WARNING"below.
i
Claimant: RODNEY MCKINNEY AND SANDRA McKINNEY
Attorney: UNKNOWN
Address: RT 2, BOX 3
2538 GOLDEN GATE DRIVE,
Amount: SAN ANDREAS, CA 95249 By delivery to Clerk on: FEBRUARY 19, 2044
EXCESS OF $25,000.00
Date Received: FEBRUARY 19 2004 By mail,postmarked on: FEBRUARY 18, 2004
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to pile Late Maim:.
}
DATED: FEBRUARY 19, 46ftN SWEETEN,Clerk,By: 0Z4DEPUTY
II. FROM: County Counsel TU: erk of theiBoard of Supervisors
( } The Board should grant this Application to File Late Claim (Section 911.6),
i
{ r The Board should deny this Application to file Late Claim (Section 911.6). -f
DATED: i # 1101 SILVANO B.MARCDESI,County Counsel,Bv. -`' ` .. ��� � EPUTY
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
{ } ,This Application is granted(Section 911.6).
( } This Application to File Late Claim is denied(Section 911.6).
1 certify that this a true and correct copy of the Board's Order entered in its minutes for this date.
DATE:• l ! . IN SWEETEN,Clerk,By: DEPUTY
WARNING(Gov. Code §911.8)
If you wish to file a court action on this matter,you must first petition the appropriate court for an order
relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement).See
Government Code Section 946.6.Such petition trust be filed with the court within six(6)months from the date
your apO ication for leave to present a late claim was denied.
You may seep 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.
IV. FROM: Clerk of the Board TO: (1)County Counsel (2)County Administrator
Attached are copies of the above Application. We notified the applicant of the Board's action on this
Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's
copy of this Claim in accordance with Section 29703. 117
DATED: '� j JOHN SWEETEN,Clerk,By: DEPUTY
V. FROM: (1)County Counsel (2)County Administrator TO: 'Clerk of the Board of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel,By:
County Administrator,By:
APPLICATION TO FILE LATE CLAIM
I Rodney&Sandra McKinney
Rt. 2, Box 3
2 2538 Golden Gate Drive /
San Andreas, CA 95249 � V
3
(209) 754-4847 ct
4 ��� � 920,94
5r4 c �Sqs
6
7
8 GOVERNMENT CLAIM FORM
(Gov ixent Code section 910)
9 i
101 i
In Re. } NOTICE OF CLAIM
I112 } ,
Rodney McKinney and Sandra McKinney, }
}
Claimants, )
13 )
v. )
14 )
County of Contra Costa., )
15 )
16
Respondents. )
)
17 To the Board of Supervisors of Contra Costa County:
181 You are hereby notified that Rodney McKinney and Sandra McKinney claim damages
19; from the County and others.
20 1. NAME AND ADDRESS OF CLALMANTS: I
21 i Rodney&Sandra McKinney
Rt. 2,Box 3
22 2538 Golden Gate Drive
San Andreas, CA 95249
23
24,1 2. NOTICESICOMMUNL ICA 1 IONS REGARDING CLAIM TO BE SENT TO:
25 Rodney& Sandra McKinney
Rt. 2, Box 3
26 2538 Golden Gate Drive
San Andreas, CA 95249
27
1j# (209) 754-4847
3 tiviclaim. Q
B wA t
overiunent Claim Fbrm
z . _ d
*0
BLLO- bSZ CS�Bl LI ` Jb0 a qaj
1 3. DATE AND LOCATION OF INJURY:
2 On or about February 27,2003, at approximately 8:00 a.m., claimant,Rodney
3 McKinney, suffered injuries and damages at Vista Oaks Occupational Health Clinic, located at
4 10 Douglas Drive, Suite 110,Martinez, California. Claimant, Sandra McKinney,has loss of
5 consortium damages arising from her husband's injuries.
6
7 4. HOWINJURYOCCURELD :
81 Claimant Rodney McKinney was negligently instructed by the County's healthcare
91 providers to perform a pulmonary function test while standing, While being negligently
10 administered the test and as a result of the test, Rodney McKinney fainted and fell. As Rodney
I I McKinney fainted,he struck a negligently placed chair with his lower back and fell to the floor.
12 He sustained multiple injuries in the subject fall,including a fractured coccyx,two herniated
13 lumbar discs, and spinal nerve injuries. Claimant Sandra McKinney alleges and will prove that
14 she has loss of consortium claims arising from her husband's injuries.
15
16 5. ACT QR OMIS51ON ON THF PART OF CaUNTY QEFICERS, SERVANTS
17 EMPLOYEES WHICH CAUSED IN
18 Claimant Rodney McKinney was negligently instructed by the County's healthcare
19 providers to perform a pulmonary function test while standing. Rodney McKinney was
20 negligently administered the pulmonary function test while standing despite the County's
21 knowledge that fainting was a possible, and not an uncommon,result of administering the test,
22 A metal office chair was negligently positioned within the pulmonary testing area.
23 111
24
25
261
27
28
Soytelaim.wpd
rjovernment Claim Tionn
d aLLO-4pse (gas)
$I qaj
1 6. AMES OF PUBLIC EMPLOYEES C G'SINCLAIMANT'S INJURIES.
ES:
Claimants do not currently know the names of each of the public employees responsible
3 for their injuries. The employees whose names are currently known to the claimants and who
4 claimants are informed and believe may have caused their injuries are as follows:
5 ' Thomas Gamsky,M.D.
6 Barbara Griesau, R.`3., F.N.P
7 Teresa Holbrook,R.N., F.N.P.
8 Cathy Kissinger, R.N., F.N.P.
9 Paul Manaut, R.N.,F.N.P.
10 Patricia Wills
11
12 7. 1JURIES SUSTALNl D/DAMAGES:
i
13 Claimant Rodney McKinney has suffered injuries and damages including,but not limited
14 to a fractured coccyx, two herniated lumbar discs, spinal nerve injuries,medical expenses, lost
15 earnings, lost earning capacity, emotional and mental distress,pain and suffering, and overall
16 , reduction in the quality of his life. Claimant Sandra McKinney had loss of consortium claims
17 arising from her husband's injuries.
18 :
19 8. AMQIINT OF CLAIMS:
20 The amount of this claim is far in excess of$25,000, which means that jurisdiction will
21 , rest in the Contra Costa County Superior Court, unlimited jurisdiction, 3
22
23 ! Dated: February/-10L, 2004 Respectfully submitted,
24
251 By. 4.. A 41 ,w AA11-ig
RokThey Mckinifey
26 Sandra McKinney
27
28
guvtctaim.wpxi 3
ovemment COM Form
f" `d BLLO-i,S2 t sas l b0 ST S _l
I Rodneyr
&Sandra McKinney
Rt. 2,Box. 3
2 2538 Golden Gate Drive
San Andreas,CA 95249
3
(209)754-4847
4
5a
I
6
7 '
$
GOVERNMENT CLAIM FORM
9 {Government Code section 910}
10
Claim of Rodney McKinney and Sandra ) APPLICATION FOR LEAVE TO
11 McKinney, } PRESENT LATE CLAD ON BEHALF OF �
RODNEY_ cKINNEY&SANDRA
12 Claimants, } McKINNEY(GOVT CODE §911.4)
}
13 V. }
14 County of Contra Costa, )
15 Respondent.
16 To the Board of Supervisors of Contra Costa County:
i
17 1. Application is hereby made,under Government Code section 911.4, for leave to
18 present a late claim founded on a cause of action for medical negligence,which accrued on
19 . .February 27, 2003, for which a claim was not presented within the 6-month period provided by
20 Government Code section 911.2. For additional circumstances relating to the cause of action,
21 - reference is made to the proposed claim attached to this application.
22 2. The failure toresent this claim within the 6- n
p rno thenod specified b
p p Y
23 Government Code section 911,2 was through inadvertence and excusable neglect, and the County
24 ; of Contra.Costa was not prejudiced by this failure, all as more particularly shown by the attached
25 declarations of Rodney McKinney and Sandra McKinney.
26 3. This application is being presented within a reasonable time after this cause of
271 action accrued,as more particularly shown by the attached declarations of Rodney McKinney
28 j and Sandra McKinney.
I application. I
pp icattrsn Tor Leave to Fresent Late aun
-
dLIsi3O 10 BI qaj
1 WHEREFORE, it is respectfully requested that this application be granted and that the
2 . attached proposed claim be received and acted on in accordance with Government Code section
3 912,4.913.
4
5 Dated: February , 2044 Respectfully submitted,
6
c
7 By
dney McKi ey and
8 Sandra McKinney
9 ,4
10 NOTE: The address to which notices relating to this application are to be sent is:
11 Rodney& Sandra McKinney
Rt. 2,Box 3
12 2538 Golden Crate.Drive
San Andreas,CA 95249
13
(249) 7.54-4847
14
15
i
16
17
18
19 '
20
21
22
23
24 .
25
26
27 ,
28
lication."d 2 I
App,cation tor Leave to Prerent ateaim
L T :*10 iP0 ST qaj
I Rodney&Sandra McKinney
Rt, 2, Box 3
2 1 2538 Golden Gate Drive
San Andreas,CA 95249
3
(209) 754-4847
4
5
6 ::
7�
8 ( GOVERNMENT CLAIM FORM
(Government Code section 910)
9
10 Claim of Rodney McKinney and Sandra ) DECLARATION OF SANDRA
McKinney, ) McKINNEY IN SUPPORT OF
11 ) APPLICATION FOR LEAVE TO
Claimants, } PRESENT LATE CLAIM
12 }
V. )
13 )
County of Contra Costa, )
14 )
Respondent. }
15
16 I, Sandra McKinney, hereby declare:
17 1. I am married to Rodney McKinney,
18 2. After my husband was diagnosed with two herniated lumbar discs in June 2043, I
19 spoke with a customer at the Ford dealership where I worked regarding the situation. This
20 gentleman,named John McKinney(no relation)was a battalion chief for the California
21 Department of Forestry, and had suffered a work-related back injury. When I explained the
22 circumstances of my husband's injury,this gentleman replied that he did not think we could
23 bring a claim against the Clinic because my husband was a county employee.
24 3. 1 obtained the name and phone number of attorney, Gerald Brown, from John
25 McKinney. Within a week,my husband and I called Gerald Brown and we were originally
26 given an appointment date of October 8, 2003. Later, 'V1r.Brown's office called to reschedule
27 due to a court appearance,and the appointment was reset for November 19, 2003.
28 ll/
sandradect.w t
t C araRon of Sandra McKinney
L 'd SLLQ_- 192 (926) d8T =t+0 to 81 qac
1 4. We did not learn that we may have may have a valid claim against the county
2 until February 10, after when my husband's worker's compensation attorney,Tom Pegnim,
3 mentioned that he would contact a medical negligence attorney to further evaluate whether or
4 not I could bring a medical negligence claim against the county. He referred us to Balamuth&
5 Balamuth, LLP, whom we first spoke with on February 10, 2004.
6 Executed on February 2004, at �rt t'� ./, California
7 I declare under penalty of perjury and under the laws of the State of California that the
i
8 foregoing is true and correct.
9
10, }
Sandra McKinney I
11 �
12
13
14�
15 '
16
17
18 :
19
201
II
21 �
22
23 .
24
25
26{
27
28
a�awuaeci.wpa 2
ec aration of an ra McKinney
1 Rodney& Sandra McKinney
Rt. 2, 13ox 3
2 2538 Golden Gate Drive
San Andreas, CA 95249
3
(209) 754-4847
4
5
6
7
8 GOVERNMENT CLAIM FORM
(Government Code section 910)
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11 Claim of Rodney McKinney and Sandra ) DECLARATION OF RODNEY
McKinney, ) McKINNEY IN SUPPORT OF
12 ) APPLICATION FOR LEAVE TO
13Claimants, ) PRESENT LATE CLAIM
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County of Contra Costa., )
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Respondent. )
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17 1, Rodney McKinney,hereby declare:
18 1. Before the injury that is the subject of this application, I worked as a firefighter
19 with the East Contra Costa Fire District.
20 2. On February 27, 2003, 1 presented for my annual physical examination at the
21 ' Contra Costa County occupational medicine clinic, Vista Oaks.
22 3. As part of my examination, I gave a urine sample, had blood drawn,and was
23 then taken to a room where I was told to stand and blow into a lung function tester(pulmonary
24 function test). As a result of blowing into the tester, I passed out and fell backward. As I fell,
25 my low back struck the sharp,metal seat back of a chair that was behind me.
26 4. That day, I was diagnosed with a fractured coccyx and later, as a result of an
27 MRI on June 30, 2003,1 was diagnosed with two herniated lumbar discs that will require
28 surgical repair.
rodncydeclaratian.wpti 1
- c arat7on of o ney McKinney
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1 5. When I learned of the MRI findings, I determined that I should find legal
2 representation for my work injury claim and for a potential claim against the county.
3 f 6. In August,my wife obtained the name and phone number of a workers'
4 compensation attorney, Gerald Brown. The person from whore my wife obtained Gerald
5 Brown's number was a battalion chief for the California Department of Forestry, and had
G suffered a work-related back injury. When my wife explained the circumstances of my injury,
7 this gentleman replied that he did not think we could bring a claim against the county because I
8 , was a county employee.
9 7. We called Gerald Brawn within a week of obtaining his phone number and were
10' originally given an appointment date of October 8,2003. Later,Mr. Brown's office called to
11 reschedule due to a court appearance, and the appointment was reset for November 19, 2003.
12 s On that date,my wife and I met with Gerald Brown for 30 minutes. He informed us that we
13 would be unable to bring a claim against the County for my injuries because I was a County
14 employee and, he said, the law forbade me from suing the County.
15 8. 1 sought a second opinion. I called my union for a referral to an attorney and
16 was given Torn Pegnim's name and phone number. I saw Mr. Pegnim on December 4,2003,
17 At that time,he began representing me on my workers' compensation claim,but indicated that
18 he did not think I could sue the county because I was a county employee.
19 9. During a phone call with Mr.Pegnim on February 2 or 3,Mr. Pegnim mentioned
20 that he would contact a medical negligence attorney to further evaluate whether or not I could
21 bring a medical negligence claim against the county. He referred me to Balamuth&Balamuth,
22 LLP,whom I first spoke with on February 10, 2004. This was the first time that I learned I
23 may have a valid claim against the county.
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ec aradon of Ko-aney McKinney
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1 10. Balamuth &Balarnuth, LLP helped me to prepare this Application and the
2 attached Notice of Claim and I have presented it as soon as practicable.
3 II Executed on February�, 2004, at4QA California.
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4 I declare under penalty of perjury and under the laws of the State of California that the
5 foregoing is true and correct.
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