HomeMy WebLinkAbout- - Correspondence - 1/13/2015LAW OFFICES Fax
SILVEnR FIADDENO SU,4VEIR & L17E1VINE
A PROFESSIONAL LAW CORPORAMON
STEVEN N. WELCH January 13, 2015
Sant via Facsimile & EleMnic Mail
(714) 7545330
citycoiincil@costame'sar,a.gov
costamesaea.gov
City of Costa Mesa
Attn: Mayor Mensinger and City Council
77 Pair Drive
Costa Mesa, CA. 92626
Re: Costa Mesa Police ManagementAssoofation
Dear Mayor Mensigner and City Counci1persarrs:
Jan 13 2015 11;30am P002/003
WORKER9'COMPENSATION
OF COUNSEL
STEVEN E. KAYH
This letter is written on behalf of the Costa Mesa Police Management Association
("Association').
On August 20, 2013 forruer-Mayor and current Couucilperson James Righeimez, Lerre
Righeimer, and Councilperson and current Mayor Steve Mensinger in their individual capacities
filed a lawsuit for darnages against the Costa Mesa Police Association, et a1., arising from alleged
acts and omissions on August 22, 2012. (Orange County Superior Court Case No. 30-2013-
00670139-CTI-CR-CXC.) Paul Beckwari was the Vice -President of the Costa Mesa Police
_..___......_ ....... ............ Association_and.membt-,s vftl Le Board ofDirectors dwirrg the relevant times alleged within the
lawsuit and is now the President of the Costa Mesa Police Management Association.
rollowing the Superior Court'S ruling on the Costa Mesa Police Association's Demurrer
to the Second Amended Complaint, the lawsuit now alleges the following causes of action
against the Costa Mesa Police Association: Negligence, Negligent Hiring, Negligent
Entrustment, Intentional Infliction of Emotional Distress, Unfair Business Practices, Assault,
Invasion of Privacy and Defamation.
Plaintiffs Righeimers and Mensinger allege within their lawsuit that they have "suffered
extreme physical, psychological, and emotional damage due the actions of Defendants CMPOA
Uarion", The Complaint repeatedly details the following damages sustained by Plaintiff's:
1428 $EOOND STREET
STEPHEN H. SILVER
WILLIAM J, HACCEN
SANTA MONICA, CALIFORNIA 90401
SUSAN SILVER
MAILING ADDRESS
RICHARD A. LEVINE
POST OFFICE BOX 2161
KEN VUWILEq
ELIZABETH SILVER TOUAOEMAN
SANTA MONICA, CALIFORNIA 90407.2101
HOWAROA.URERMAN
TELEPHONE (310)893-1486
JACOB A. KA41NOKI
T04PPHONE (323) 670-0900
SUSAN R.OSS
FACSIMILE 810 8955801
(1
BRIAN P. BOSS
STEVEN N. WELCH January 13, 2015
Sant via Facsimile & EleMnic Mail
(714) 7545330
citycoiincil@costame'sar,a.gov
costamesaea.gov
City of Costa Mesa
Attn: Mayor Mensinger and City Council
77 Pair Drive
Costa Mesa, CA. 92626
Re: Costa Mesa Police ManagementAssoofation
Dear Mayor Mensigner and City Counci1persarrs:
Jan 13 2015 11;30am P002/003
WORKER9'COMPENSATION
OF COUNSEL
STEVEN E. KAYH
This letter is written on behalf of the Costa Mesa Police Management Association
("Association').
On August 20, 2013 forruer-Mayor and current Couucilperson James Righeimez, Lerre
Righeimer, and Councilperson and current Mayor Steve Mensinger in their individual capacities
filed a lawsuit for darnages against the Costa Mesa Police Association, et a1., arising from alleged
acts and omissions on August 22, 2012. (Orange County Superior Court Case No. 30-2013-
00670139-CTI-CR-CXC.) Paul Beckwari was the Vice -President of the Costa Mesa Police
_..___......_ ....... ............ Association_and.membt-,s vftl Le Board ofDirectors dwirrg the relevant times alleged within the
lawsuit and is now the President of the Costa Mesa Police Management Association.
rollowing the Superior Court'S ruling on the Costa Mesa Police Association's Demurrer
to the Second Amended Complaint, the lawsuit now alleges the following causes of action
against the Costa Mesa Police Association: Negligence, Negligent Hiring, Negligent
Entrustment, Intentional Infliction of Emotional Distress, Unfair Business Practices, Assault,
Invasion of Privacy and Defamation.
Plaintiffs Righeimers and Mensinger allege within their lawsuit that they have "suffered
extreme physical, psychological, and emotional damage due the actions of Defendants CMPOA
Uarion", The Complaint repeatedly details the following damages sustained by Plaintiff's:
LAW OFFICES Fax Jan 13 2015 11;30am P0031003
SILVEI4 7F ADD.Exf SrLvnn & )rN VINE
City of Costa Mesa
Attu; Mayor Righeimer and City Council
January 13, 2015
Page 2
"As a result of the above-described conduct, Plaintiffs suffered and continue to suffer
great pain of mind and body, shock, emotiottal digtress, pbysieal manifestations of
emotional distress, embarrassment, loss o£self esteem, disgrace, humiliation, and loss of
enjoyment of life; have suffered and continue to suffer and were prevented and will
continue to be prevented from performing daily activities and obtaining the dull
enjoyment of fife; have and will continue to sustain loss of earning capacity; have and
will continue to. suffer damage to their business reputation; and have incurred and will
continue to incur expenses for medical and psychological treatment, therapy, and
counseling. They have also suffered economic business loss as a result."
(Complaint, paragraphs 58, 65, 75, 81,113,122, 131,140, 151, 161)
Based upon the nature of the claims within the lawsait, and to the extent that Paul
Beckman is now the President of the Costa Mesa Police Management Association, it must.be
reasonably concluded that there exists a conflict of interest by Messrs. Righeimer and Messinger
with respect to the Association which would impair their impartiality as City Couneilpersons in
participating in labor relations decisions arising from, upcoming collective bargaining
negotiations between the City and the Police. Management Association for a successor
Memorandum of Understanding concerning wages, hours and working conditions of the
Association's rgivsented employees. Such prejudice would jeopardize the discharge of those
Councilpersons' fiduciary duty of fitll and fair representation of the public interest as well as
their obligation to render fair and equitable decisions concerning pexsonnel'administration_
Accordingly, may this serve as a formal demand -for Councilpexsons RLigheimer and
Mensinger to recuse themselves in participating in any decision regarding meet and confer
Association, acrd to refrain from influencing any decision on such )natters during the pendency of
their lawsuit against the Association,
Very truly yours,
SILVER, HADDEN, SILVER& LLEVII\TE
RICHAKD A, L,EVIN
co: Thomas Hatch, Chief Executive Officer
Costa Mesa Police Management Association
Paul Beckman, President, Costa Mesa Police Management Association