Report to Mayor and City Council
Tuesday, October 18, 2016
Discussion
SUBJECT:
Title
COST AND EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE FORMER CITY CLERK JIM DEAR (CITY COUNCIL)
Body
I. SUMMARY
The Council has requested addition information to the September 20, 2016 agenda report which found a fiscal impact of $805,000 to the City in connection with the former City Clerk Jim Dear. Staff was requested to tabulate additional costs attributed to Mr. Dear in connection with Mr. Dear filing or allegedly encouraging the filing of frivolous lawsuits.
These additional City costs include: 1) the Court dismissed Gavino vs. City of Carson case and 4) the Dear vs. Gause and Logan case.
The revised total of the costs and expenses to the City attributed to Mr. Dear in the last two years is $943,000.
II. RECOMMENDATION
Recommendation
RECEIVE and FILE this report.
Body
III. ALTERNATIVES
TAKE such other action as the City Council deems appropriate consistent with the requirements of law.
IV. BACKGROUND
Mayor Pro Tem Lula Davis-Holmes originally requested an accounting of the costs of Mr. Dear to the City’s taxpayers over the last two years. Staff presented a report at the September 20th City Council meeting. However Mayor Pro Tem had an excused absence from this meeting. The Council did review the report and then requested additional information on the expenses from the Superior Court dismissed case brought by Monette Gavino and the recent challenge of the City Clerk brought by Mr. Dear.
Gavino v. City of Carson matter
On April 20, 2016, former City Council Field Representative Monette Gavino, who primarily worked with and for Jim Dear during her employment and has admitted in a Court of law to being Mr. Dear’s "girlfriend," filed a lawsuit against the City and the Mayor alleging some two years earlier, once or twice, the current Mayor made her feel “uncomfortable”.
After filing her lawsuit, Ms. Gavino refused to serve the complaint or to prosecute it. Since the Complaint contained very serious allegations, the City and the Mayor voluntarily subjected themselves to the jurisdiction of the Court in order to make sure the complaint was processed expeditiously. On May 23, 2016, the City and the Mayor filed the necessary motions to dismiss the Complaint as frivolous, hoping to minimize the legal costs to the City.
Only eight days after the discovery and motions were served and a Court ruling against Ms. Gavino, Ms. Gavino’s attorneys dismissed her as a client. This occurred after they read important facts in the City’s and the Mayor motions regarding Ms. Gavino’s lack of credibility, harassment of other elected officials (which had resulted in a restraining order against her and a judge’s written findings that Ms. Gavino was not trustworthy).
On Friday, July 8, 2016, on the eve of her and Jim Dear’s respective depositions, where testimony was to be under oath and under penalty of perjury, and would have had to be provided for the first time, Ms. Gavino dismissed her Complaint against the City of Carson and the Mayor in their entirety. The total costs to defend against this frivolous lawsuit was approximately $110,000.
Dear v. Gause and Logan matter:
On August 22, 2016, Jim Dear sued the current City Clerk challenging her acceptance of the Mayor Robles’ nomination papers turned in on Monday August 15th. This was despite the fact that August 15th was the proper nomination filing date pursuant to the properly noticed notice by the City Clerk. In fact, eight out of the twelve candidates, including Mr. Dear himself, filed their nomination papers on August 15th.
Despite the facts, Mr. Dear sued the City Clerk challenging her acceptance of Mayor Robles’ nomination papers. Mr. Dear did not challenge any of the other nomination papers. The Court ruled against Mr. Dear and denied his petition. The Court in a written opinion held that Mr. Dear’s request from the Court would “lead to absurd results and violations of due process” for the candidates. The total cost to the City defending this lawsuit was approximately $28,000.
V. FISCAL IMPACT
These expenses related to Mr. Dear were $943,000 over the last two years. The unanticipated and unbudgeted expenses for such lawsuits related to Mr. Dear come at very difficult time for the City’s budget and comprised a large part of the City’s budget shortfall. As a reminder, the City Council was required to make a series of budget reductions, including paring back necessary maintenance of streets, parks and public facilities, in order to fund the expenses related to Mr. Dear.
VI. EXHIBITS
None.
Prepared by: Ken Farfsing, City Manager