Showing posts with label Hanson John vs. City of Carmel-by-the-Sea (M128436). Show all posts
Showing posts with label Hanson John vs. City of Carmel-by-the-Sea (M128436). Show all posts

Sunday, December 07, 2014

SETTLEMENT AGREEMENT AND RELEASE Between the City of Carmel-by-the-Sea and John Hanson & NEWS RELEASE LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL

ABSTRACT: The Settlement Agreement and Release ("Agreement") between the City of Carmel-by-the-Sea ("City") and John Hanson ("Hanson") is embedded, as is the City’s NEWS RELEASE. Importantly, the Agreement states, in part, “City shall reinstate Hanson to a permanent, full-time position as a Building Official at Step 5, or as otherwise agreed between Hanson and City Administrator, with compensation and benefits set at the top of the scale associated with Building Official, Step 5. Back pay and full benefits, including PERS credits, will be provided by the City to Hanson for the period of August 5, 2013 to the date of Hanson's actual return to active duty with City, subject to all applicable federal, state and local withholding taxes and deductions. Hanson and City Administrator shall meet and confer in good faith to discuss and consider other job assignments to be approved by Hanson.” And “City also shall pay Hanson the sum of one hundred thousand and no/100 dollars ($100,000) no later than January 15, 2015, in further consideration for this release of all claims described herein and as compensation for any and all alleged injuries or damages or litigation costs, including emotional distress damages, that have arisen in any way from his employment relationship with the City. The damages are for emotional distress damages caused by physical sickness. The City, no later than December 22, 2014, shall pay the sum of one hundred thousand dollars ($1 00,000) to Stamp 1 Erickson for work performed, and reimbursement of costs not to exceed five thousand dollars ($5,000) incurred in this matter. City will pay these sums by providing checks as agreed to by the parties. Within ten business days of the City's final payment under this Agreement, Hanson and/or his attorneys shall provide the City with an executed request for dismissal with prejudice of the pending litigation.” Significantly, “City shall segregate and seal all records from Hanson's personnel file commencing on January 1, 2013 to date of reinstatement, and it is understood that said sealed portion may be examined by federal, state or local administrative agencies upon presentation of a valid Court Order or upon a written request by said agencies with a copy sent to Hanson. City and Hanson agree that City will expunge and destroy the sealed records one (1) year from the date of execution of this Agreement, or upon expiration of the statute of limitations on Hanson's Claims, whichever is later.” The NEWS RELEASE, LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL, “Statement from John Hanson and family: My family and I wish to thank all of our friends who supported us through this struggle.  I am ready to come back and help heal and rebuild Carmel-by-the-Sea.  To those citizens who engaged in the process, thank you. Because of your efforts, we are here today. You have shown the true spirit of Carmel-by-the-Sea, which is why I have worked for Carmel-by-the-Sea for so many years.”

RELATED NEWS ARTICLE:  Hanson named ‘special projects manager,’ By MARY SCHLEY, The Carmel Pine Cone, December 5, 2014, 1A & 12A

SETTLEMENT AGREEMENT AND RELEASE
Between the City of Carmel-by-the-Sea ("City") and John Hanson ("Hanson")
November 25, 2014

NEWS RELEASE
FOR IMMEDIATE RELEASE
Date: November 25, 2014
LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL

Tuesday, November 25, 2014

CITY COUNCIL CLOSED TELECONFERENCE MEETING AGENDA, November 25, 2014

RELATED NEWS ARTICLE: Carmel reinstates top building official, will pay $340,000 settlement
By Thomas Leyde, thomasthomas9330@sbcglobal.net, @ThomasRLeyde on Twitter
Posted: 11/26/14, 9:07 AM PST |
HIGHLIGHT: “The $340,000 settlement includes $100,000 in damages, $105,000 in attorney’s fees and $135,000 in back pay and benefits dating to Aug. 5, 2013, the date Hanson was fired. The agreement also calls for Hanson to return to his former position or another position agreed upon by Hanson and Carmel City Administrator Doug Schmitz.”

UPDATE: Yesterday, the City Council reinstated John Hanson and unanimously approved a $340,000 settlement for back pay, benefits, attorney’s fees, expenses and damages, paid by CSAC Excess Insurance Authority.
Posted: Tuesday, November 25, 2014 9:28 pm


AGENDA
CLOSED TELECONFERENCE MEETING
CARMEL-BY-THE-SEA CITY COUNCIL
Tuesday, November 25, 2014 – 6:00 p.m.

Thursday, September 18, 2014

Hanson, John vs. City of Carmel By The Sea (M128436): Case Progress Conference, 6 January 2015

ABSTRACT: RE: SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY Hanson, John vs. City of Carmel By The Sea (M128436): Case Progress Conference, Tuesday, January 6, 2015 at 9:00 A.M., Courtroom 14. Note: MONTEREY COURTHOUSE, DEPARTMENT 14, 2nd Floor, Hon. Thomas W. Wills, Supervising Judge, Civil and Family Law Division, Master Civil Trial Department, Case Management, Appellate Department, Alternate. Case Details, Case Information, Name, Attorney Information and Schedule of Events are reproduced from SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY website.

Case Details of GNM128436 ;  Hanson, John vs. City of Carmel By The Sea
  
 

Case Information
Case Number
GNM128436
Case Caption
Hanson, John vs. City of Carmel By The Sea
Filing Date
7/3/2014
Case Type
Civil (General)
Filing Type
Complaint
Original Filing Date
7/3/2014
Agency
Agency Number

Name / AKA
Party Type
Last Name
First Name
Middle Name
Is AKA
DEF
City of Carmel By The Sea


PLF
Hanson
John


Attorney Information
Attorney Type
Last Name
First Name
Middle Name
PLF
Stamp
Michael
W.
DEF
Dinkin
Jeffrey
A

Schedule Events
Type
Date
Time
Location
Case Progress Conference
1/6/2015
09:00:00
Courtroom 14

Monday, August 25, 2014

JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants, CASE NO. M128436, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA

ABSTRACT: In JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants, CASE NO. M128436, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, the ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA document. filing date August 18, 2014, is embedded; the text is reproduced.
Defendant City of Cannel-by-the-Sea, ("Defendant" or "City'·) hereby responds to the unverified Complaint of Plaintiff John Hanson ("Plaintiff') as follows:
1. Pursuant to California Code of Civil Procedure Section 431.30, Defendant generally denies each and every allegation set forth in the Complaint.
2. Defendant further alleges the following separate and distinct Affirmative Defenses to the causes of action alleged in the Complaint:
FIRST AFFIRMATIVE DEFENSE
Plaintiffs Complaint, and every cause of action contained therein, fails to state facts sufficient to state a cause of action.
SECOND AFFIRMATIVE DEFENSES
Plaintiffs claims, and each of them, are barred by the applicable statutes of limitation.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of waiver.
FOURTH AFFIR1v1ATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of unclean hands.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of laches.
SIXTH AFFIRMITIVE DEFENSE
Plaintiff is estopped from asserting any of the claims against Defendant contained in the Complaint by reason of his own acts, omissions, representations and courses of conduct.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, because the actions respecting the subject matters in the Complaint were undertaken in good faith, with the absence of discriminatory and/or malicious intent to injure Plaintiff, and constitute lawful, proper and justified means to further the purpose of engaging in and continuing the City's affairs.
EIGHTH AFFIRMITIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, as a result of Plaintiffs failure to exhaust his administrative remedies .
NINTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, because Defendant has not interfered with any protectable property interest alleged in the Complaint.
TENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or part, because the relief sought would improperly interfere with Defendant's discretionary authority.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are subject to setoff, offset, and/or recoupment, including, but not limited to, for moneys paid to Plaintiff that exceeded any amounts to which he was entitled.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or part, because he was an at-will employee of the City.
THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff's claims, and each of them, are barred, in whole or in pru1, by the privileges and immunities applicable to public agencies.
FOURTEENTH AF'FIRMATIVE DEFENSE
Plaintiff's Complaint is barred, in whole or in part, by the doctrine of after-acquired evidence.
FIFTEENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to mitigate his damages, if any, as required by law.
SIXTEENTH AFFIRMATIVE DEFENSE
To the extent Plaintiff has suffered physical or mental injuries-including "emotional distress"-because of Defendant's conduct, any such damages suffered by Plaintiff are within the exclusive jurisdiction of the Workers' Compensation Appeals Board by operation of California Labor Code section 3200 et seq.
SEVENTEENTH AFFIRMATNE DEFENSE
Plaintiff's claims, and each of them, are barred, in whole or in part, because Plaintiff ratified, consented, and/or acquiesced to the conduct about which he now complains.
WHEREFORE, Defendant prays as follow:
1. For entry of judgment in favor of Defendant and against Plaintiff;
2. That Plaintiff take nothing by way of his Complaint;
3. That Defendant be awarded costs of suit herein;
4. That Defendant be awarded its attorney fees and costs incurred in defending this suit in accordance with applicable law; and
5. For such other and further relief as this Court may deem just.
DATED: August 18, 2014
STRADLING YOCCA CARLSON & RAUTH
A Professional Corporation
By ______________________
Jeffrey A. Dinkin
Robert D. Dominguez
Attorneys for Defendant City of Carmel-by-the-Sea

Hanson v. City of Carmel Answer of Defendant City of Carmel-By-The-sea
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY
JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants
CASE NO. M128436
ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA

Monday, July 07, 2014

COMPLAINT, JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants (Case No. M128436)

ABSTRACT:  On July 3, 2014, COMPLAINT, JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants, Case No. M128436, was filed in SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY.  The COMPLAINT consists of ALLEGATIONS COMMON TO ALL CAUSES OF ACTION, FIRST CAUSE OF ACTION (Discrimination in Employment), SECOND CAUSE OF ACTION (Wrongful Termination), THIRD CAUSE OF ACTION (Denial of Due Process Rights), FOURTH CAUSE OF ACTION (Declaratory Relief), FIFTH CAUSE OF ACTION (Age-Based Discrimination in Employment- Disparate Impact), SIXTH CAUSE OF ACTION (Breach of Contract), SEVENTH CAUSE OF ACTION (Wrongful Termination in Violation of Public Policy (Whistleblowing) against Defendant City of Carmel-by-the-Sea) and PRAYER FOR RELIEF.  The CAUSES OF ACTION and PRAYER FOR RELIEF sections are reproduced; the COMPLAINT document is embedded.  A CASE PROGRESS CONFERENCE is scheduled for January 6, 2015, Courtroom 14 at 9:00 A.M.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants.
Case No. M128436
COMPLAINT

FIRST CAUSE OF ACTION
(Discrimination in Employment)
65. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
66. The City discriminated against Hanson with respect to his compensation, terms, conditions, or privileges of employment, as the City tried to force Hanson from his occupation and vested property right to continued employment. The City stigmatized Hanson, deprived him of due process and other California Constitutional rights relating to his employment, and subjected Hanson to punitive action, including termination, both as a result of animus against him based upon age and upon a related campaign of discrimination and arbitrary action carried out against him by the City, including activities related to his military service, his disability, his visibility within the Carmel community, his friendly professional relationships with City staff and officials, his unexcelled knowledge of the Carmel community and his willingness to speak his mind to Stilwell, Paul and others in matters of public consideration and importance. Stilwell, Paul, and other City officials engaged in adverse employment actions against Hanson, in significant part upon a false perception of disability and a failure of the City to investigate and understand the perception of the limitations of disability and to accommodate the disability.
67. As a direct, foreseeable and proximate result of the City's acts and omissions, Hanson suffered substantial emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other losses.
68. As a further direct, foreseeable and proximate result of the City's acts and omissions, Hanson suffered and continues to suffer lost earnings and other employment benefits, future lost earnings, back pay, front pay, lost interest, medical expenses, and other general and special damages, all to Hanson's detriment and damage in an amount to be proven at trial.
69. Hanson has been required to retain legal counsel to vindicate his statutory rights and is entitled to recover attorney fees and litigation expenses.
70. Hanson made timely complaints of discrimination, and the City provided no prompt or effective remedies or investigations of the claims of discrimination.
71. The discriminatory actions of the City were motivated by discriminatory animus of the City officials, including Stilwell and Paul, acting with the support of City officials.

WHEREFORE, Hanson prays for judgment as described below.
SECOND CAUSE OF ACTION
(Wrongful Termination)
72. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
73. Hanson did not abandon, waive, or knowingly and voluntarily relinquish his employment rights in 2007, contrary to the City's claims in 2013 and 2014, and was entitled to the rights and benefits afforded by law for permanent public employees whose rights of property and due process are valid and binding rights. The City confiscated Hanson's property, discriminating against Hanson because of his age and for other arbitrary reasons and pretexts, and depriving Hanson of his liberty interest in his employment, as alleged herein. The actions of the City and its agents were arbitrary, capricious, unreasonable and/or a prejudicial abuse of discretion. The City's abuse of discretion has deprived Hanson of his employment, his reputation and his future means of livelihood. The City did not afford Hanson any of his due process, liberty or property rights under the law. The contract terms imposed by the City as part of the 2007 document do not support the City's claims, and Hanson is legally entitled to a judicial ruling on the grounds, or lack of grounds, for termination.
74. As a result of the conduct of the City, Hanson has suffered termination of his employment, and has lost back pay, front pay, benefits, and other economic or financial proceeds, and has suffered emotional distress.

WHEREFORE, Hanson prays for judgment as described below.
THIRD CAUSE OF ACTION
(Denial of Due Process Rights)
75. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
76. At all times relevant herein, Hanson was entitled to due process rights under the California Constitution and laws. The City unlawfully denied him his rights, denied him notice and an opportunity to be heard, denied him his rights to a reasonably neutral hearing office, and failed to provide him with his legal rights to a hearing before final action was to be taken.

WHEREFORE, Hanson prays for judgment as described below.
FOURTH CAUSE OF ACTION
(Declaratory Relief)
77. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
78. There is a present and active controversy between Hanson and the City about the matters relating to Hanson's employment and due process rights, and Hanson seeks judicial determinations as to the legality and propriety of the City's actions, and particularly in regard to the City's efforts to deprive Hanson of his employment without adequate due process.
79. Hanson has made every reasonable effort to exhaust any remedies provided for by law to clarify and determine the rights of the parties.

WHEREFORE, Hanson prays for judgment as described below.
FIFTH CAUSE OF ACTION
(Age-Based Discrimination in Employment- Disparate Impact)
80. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
81. The City's use of salary, benefits, and costs of retirement plans of its older employees as criterion for employment decisions adversely impacts older workers as a group, within the meaning of Government Code section 12941, because these older workers have the highest salaries, most expensive benefits. and most expensive retirement plans. The facially neutral-appearing employer practices in purging older workers from the City work force in fact had an impermissible disproportionate adverse impact on the rights of the protected class of older workers, and the age of these older workers had no bearing upon, or manifest relationship to, bona fides job requirements for the positions held by these employees.

WHEREFORE, Hanson prays for judgment as described below.
SIXTH CAUSE OF ACTION
(Breach of Contract)
82. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
83. Having deprived Hanson of his pre-termination rights, the City in 2013 sought to terminate Hanson under the invalid 2007 contract, and breached that contract as well by denying Hanson his rights, by creating and then relying upon a false set of "facts" to terminate Hanson for alleged good cause, and by denying Hanson even the severance pay guaranteed by the invalid 2007 contract. The Employment Agreement states that the City could terminate Hanson's employment for cause without his consent only in the event that Hanson is convicted of a felony or other crime involving moral turpitude or any offense involving a violation of his official duties or if it is determined by the City Administrator that Hanson misappropriated public funds, commingled public funds with personal funds, engaged in willful corrupt conduct in office, or conducted himself in a manner to be determined as willful conduct that constitutes misconduct according to the City's personnel rules. Hanson has not engaged in any such conduct, nor has he been charged or convicted of any crime, nor has the City given notice or produced any evidence of such conduct.
84. The City breached the invalid Employment Agreement by terminating Hanson, by making false charges against him, by failing to timely notify him of charges against him and by failing to conduct or complete an investigation of its charges against Hanson in a timely manner, by wrongfully failing and refusing to reinstate Hanson to his employment as Building Official, and by impairing Hanson's contract, as alleged herein. All such actions by the City were impermissibly motivated by animus and by a City goal of reducing salaries and pension rights by terminating or otherwise forcing older workers from their positions with the City.
85. The City and its agents, officers. officials and/or employees, failed to take all reasonable steps required by law to end harassment in employment based on age, and to act promptly and effectively to prevent and remedy harassment.
86. The City failed to reasonably prevent Stilwell's and Paul's abuse of their power, failed to investigate and prevent the their continuing violation of Hanson and other employees' rights by forcing employees from City employment on the basis of age, failed to remedy the complaints or timely and adequately investigate complaints, failed to take appropriate action or oversight in regard to Stilwell's and Paul's actions. and endorsed, ratified. and sanctioned their actions.
87. As a direct, foreseeable and proximate result of the City's acts and omissions, Hanson has suffered substantial losses and damages.

SEVENTH CAUSE OF ACTION
(Wrongful Termination in Violation of Public Policy (Whistleblowing) against Defendant City of Carmel-by-the-Sea)
88. Hanson hereby incorporates by reference all of the preceding allegations as if fully set forth herein.
89. The conduct of the City constituted wrongful termination of Hanson in violation of public policy.
90. As a result of the conduct of the City, Hanson has suffered termination of his employment, and has lost back pay, front pay, benefits, and other economic or financial proceeds, and has suffered emotional distress.
91. The City's conduct was willful, knowing and intentional.

WHEREFORE, Hanson prays for judgment as described below.
PRAYER FOR RELIEF
Plaintiff John Hanson prays for judgment as follows on the six causes of action herein:
1.  On the first. second, third, fifth. and seventh causes of action herein, Hanson seeks an award of compensatory damages and costs as permitted by law, including a money Judgment for loss of employment, back pay, front pay, benefits, mental pain and anguish, and compensation for emotional distress according to proof, economic and special damages, including compensatory damages for lost past and future wages and employment benefits, and other economic injury and damages according to proof;
2.  On the fourth cause of action herein, Hanson seeks an order determining and declaring Hanson's rights with regard to his employment and due process rights, and further determining and declaring the illegal nature of the City's actions with regard to the deprivation of Hanson's employment without adequate due process;
3.  On the sixth cause of action herein, Hanson seeks an award of compensatory damages and costs as permitted by law, including a money Judgment for loss of employment, back pay, front pay, benefits, and economic and special damages, including compensatory damages for lost past and future wages and employment benefits, and other economic injury and damages according to proof;
4.   For reasonable attorney fees and costs;
5.   For an award of interest, including prejudgment interest, at the legal rate;
6.  For costs of suit; and
7.  For such other and further relief as the Court deems proper

Dated: July 3, 2014
Signed Molly E. Erickson
Michael W. Stamp
Molly E. Erickson
STAMP I ERICKSON
Attorneys for Plaintiff,
John Hanson
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants.
Case No. M128436
COMPLAINT

Friday, July 04, 2014

Hanson, John vs. City of Carmel-By-The-Sea: Case Number GNM128436


Fireworks filmed with a drone

ABSTRACT: On July 3, 2014, former Building Official John Hanson filed his Civil Petition against the City of Carmel-by-the-Sea. Case information is reproduced from the SUPERIOR COURT OF CALIFRONIA COUNTY OF MONTEREY website. John Hanson filed his claim against the City of Carmel-by-the-Sea on December 17, 2013.

Case Details of GNM128436 ;  Hanson, John vs. City of Carmel By The Sea

Case Information
Case Number
GNM128436
Case Caption
Hanson, John vs. City of Carmel By The Sea
Filing Date
7/3/2014
Case Type
Civil (General)
Filing Type
Complaint
Original Filing Date
7/3/2014

Name / AKA
Party Type
Last Name
First Name
Middle Name
Is AKA
DEF
City of Carmel By The Sea


PLF
Hanson
John



Attorney Information
Attorney Type
Last Name
First Name
Middle Name
PLF
Erickson
Molly
E


Schedule Events
Type
Date
Time
Location
Case Progress Conference
1/6/2015
09:00:00
Courtroom 14