Steven McInchak, Claimant, v. City of Carmel NOTICE OF GOVERNMENT CLAIM FOR DAMAGES AGAINST THE CITY OF CARMEL-BY-THE-SEA

ABSTRACT: The NOTICE OF GOVERNMENT CLAIM regarding Steven McInchak’s claim for damages against the City of Carmel, dated December 4, 2013, is embedded. The Claim of Information Systems Network Manager Steve McInchak states, in part, that the “City of Carmel violated Claimant’s rights under the United States Constitution, the California Constitution and under California and Federal law, including it s own governing Personnel System Ordinance.” HIGHLIGHT EXCERPTS are presented.

HIGHLIGHT EXCERPTS:

• On June 5, 2013, without notice or warning, Claimant was visited at his home by Administrative Services Director, Susan Paul, together with Mark Alcock, represented to be a forensic computer investigator retained by the City of Carmel, a Monterey County Sheriffs Deputy, the Carmel Police Chief and two officers of the Cannel Police Department, who served upon him a search warrant and proceeded to search his residence. Agents for the City of Carmel took possession of his home computer and multiple thumb drives and disks, which have not been returned. The City also took possession of a City-owned laptop computer which had multiple City users in the past. At that time Claimant was also given a notice by Ms. Paul that he was placed on paid administrative leave pending investigation of undisclosed charges. Prior to that time Claimant had no knowledge or notice of any such allegations, no opportunity to respond to the allegations, and no hearing or other means to refute false, misrepresented and unsupported allegations. Claimant and his family were extremely distressed by the unannounced appearance at his home of the Administrative Services Director, Susan Paul, and by the actions of agents of the City of Carmel. Claimant has remained on administrative leave of absence from his employment with the City of Carmel since June 5, 2013 to the present, and he has been prevented from performing his job duties, retrieving personal property from his office or accessing his computer, his office computer or the City's laptop computer.

• Agents of the City of Carmel, including administrators and elected officials, disclosed confidential personnel information concerning Claimant to news media, to reporters, to other employees and to the public, and made or caused to be published false and defamatory statements charging Claimant with criminal activity and other statements which injured Claimant and irreparably damaged his reputation in his profession, his employment, and his community.

•  …agents of the City of Carmel defamed Claimant by publishing to news media reporters, other employees, the general public and other persons false, unprivileged and defamatory statements charging Claimant with a crime and other statements which exposed Claimant to hatred, contempt, ridicule or obloquy, causing him injury and tending to injure him in respect to his profession and employment, and causing irreparable loss of his reputation in the community.

• RESPONSIBLE OFFICIALS: Jason Stilwell, Susan Paul, Jason Burnett and other agents of the City of Carmel whose identities are unknown at this time.

McInchak Steven v. City of Carmel Claim

CLAIM FOR DAMAGES AGAINST THE CITY OF CARMEL-BY-THE-SEA

Steven McInchak c/o Michelle A. Welsh; Stoner, Welsh & Schmidt

December 4, 2013