I. RECOMMENDATION:
It is recommended that the City Council reject the claim for damages presented by Christopher Estrada.
II. BACKGROUND:
Mr. Estrada filed a claim with the City of Coalinga (see attached) on May 20, 2019. The claim was sent to George Hills Company for review. After review and investigation of the claim it was determined the City does not have liability.
III. DISCUSSION:
George Hills Company recommends the claim be rejected based on two Government Code immunities which apply to this claim. Government Code section 845 which applies to this claim and states neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service. A police department shall not fail to respond to a request for service via a burglar alarm system or an alarm company referral service solely on the basis that a permit from the city has not been obtained.” This essentially means the City cannot be held liable for failing to provide sufficient police services. Claimant states they were told there weren’t enough officers available to follow up leads provided by claimant and his friend.
Government Code § 820.4 states, “A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment.” This means the City is not liability for failure to question the person who reportedly took the items.
IV. ALTERNATIVES:
Accept the claim for the requested dollar amount (staff does not recommend).
V. FISCAL IMPACT:
The fiscal impact will be determined by Council decision. |