Sunday, July 24, 2016

Victoria Beach vs. City of Carmel-By-The-Sea, Case Number 16SC000631, Small Claims $0 - $1500: 'Council Member Beach cancels arrangements for that travel and is offered off-the-books reimbursements for those expenses by City Officials. Council Member Beach refuses the off-the-books reimbursement for the First Event and requests that it be handled instead following standard, on-the-books, publicly-reported reimbursement protocol'

ABSTRACT: On June 28, 2016, former city council member Victoria Beach filed a Plaintiffs Claim and ORDER to Go to Small Claims Court against Defendant City of Carmel-by-the-Sea/City Administrator Chip Rerig in the Superior Court of California, County of Monterey,  The Plaintiff claims the Defendant owes $780.10 for “Improper reimbursement for approved official travel expenditures” representing “Non-refundable charges for airfare on credit card bill.
DECLARATION
3-10 Sep 2015 - Carmel City Administrator approves official nature of Council Member Beach's travel to City event ("First Event") and approves Council Member advancement of reimburseable travel expenses to City. (See Attachment.) Relying on that approval, Council Member Beach books travel, incurring $1,375.30 in expenses. Days after expense is incurred, Carmel City Attorney reverses Administrator's decision as to the official status of the event, informing the City that the Event is not legally "official" unless a Council meeting is held declaring a "public purpose" for the Event.
11 Sep 2015- Carmel City Administrator requests Council Member Beach attend a Second "official" City Event ("Second Event") that conflicts with the schedule of the First Event.
16 Sep 2015- Because only two Members of the required three majority are willing to call the Council meeting to rule on the First Event, Council Member Beach cancels arrangements for that travel and is offered off-the-books reimbursements for those expenses by City Officials. Council Member Beach refuses the off-the-books reimbursement for the First Event and requests that it be handled instead following standard, on-the books, publicly-reported reimbursement protocol. Beach switches plans to attend the Second Event and advances travel expenses for the Second Event.
13 Nov 2015- Council Member Beach submits advanced travel expenses to City for on-the-books, publicly reportable reimbursement for both the First Event ($1,375.30) and Second Event ($424.99), while working to reduce incurred expenses for the cancelled First Event. (See Attachment.)
03 Dec 2015- City grants public reimbursment of Second Event travel but denies on-the-books, publicly reported reimbursement of First Event travel. City Attorney notifies Council Member Beach that the only nonjudicial recourse for on-the-books reimbursement is requesting the agendizing of the matter as official Council business at a public Council meeting.
11 Dec 2015- City Clerk clarifies the official recourse procedure is to use official City Claim form. Beach files such a claim for on-the-books travel reimbursement of Second Event, now at reduced amount of $780.10 after success getting partial refunds for cancelled travel. (See Attachment.)
30 Dec 2015- City's external Claims Management company rejects claim.
9 Jan 2016- Council Member Beach receives Notice of Rejection of Claim via regular mail. (Se Attachment.)
Plaintiff's Claim and ORDER to Go to Small Claims Court document copy is embedded. 
NOTES: Attachments not included in filing with Superior Court of California, County of Monterey, specifically “no attachments submitted with the claim,” according to Ashlee Wright, City Clerk
Court Trial Department 21 09/02/2016 8:30 AM
Victoria Beach vs. City of Carmel-By-The-Sea
Case Number: 16SC000631
Style: Victoria Beach vs. City of Carmel-By-The-Sea
Category: Civil
Type: Small Claims $0 - $1500
File Date: 06/28/2016

Beach Small Claims Case 06-28-16 by L. A. Paterson on Scribd
Plaintiff's Claim and ORDER to Go to Small Claims Court
Victoria Beach vs. City of Carmel-By-The-Sea

No comments: