Loading...
Claim by Irene Holz.` THE CITY OF DUB E M E Masterpiece on the M~SSissippi ~) ,t ~ j' ~~ BARRY LIND~,~H~L~~`-~ CITY ATTORNEY To: May oy D. Buol and MembLrs of the City Council DATE: December 8, 2008 MORANDUM RE: Claim Against the City of Dubuque by Irene Holz Claimant Date of Claim Date of Loss Nature of Claim Irene Holz 11/18/08 10/27/08 .Property Damage This is a claim in which the claimant alleges that police officers broke out a single pane window at claimant's residence in order to gain entry after police dispatch received a telephone call from Lifeline that claimant's medical warning bracelet had been activated. According to the report of Kim Wadding, Chief of Police, on October 27, 2008 at 8:53 a.m., Dubuque Police responded to 705 Rhomberg Avenue for a welfare check at the residence of Irene Holz. While Police were investigating, Police Dispatch received a telephone call from Lifeline reporting that claimant's medical warning bracelet had been activated. Police found the residence secured with no signs of movement. Mail was found in the mailbox and a newspaper on the back porch. The officer asked and received permission from the Shift Commander to enter the residence. The officer achieved entry by breaking out a single pane window to gain entrance to the deadbolt lock on the back door. Upon entry, officers found Irene Holz was not at the residence and later learned that she had been picked up at 8:50 a.m. by the Regional Transit Authority and taken to Sunset Park Place for medical testing. Claimant was unaware that her medical bracelet had accidentally activated until she arrived back home. Chief Wadding states that although the forced entry action was found to be reasonable and the actions of the officers were appropriate and prudent, in the interest of good faith and community relations, it is Chief Wadding's recommendation to approve this claim as filed for $197.00. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Kim Wadding, Chief of Police Irene Holz OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Ti-IE CITY OF DUB ~ E Masterpiece on the Mississippi DATE: December 1, 2008 MEMORANDUM TO: Barry Lindahl, City Attorney FROM: Kim B. Wadding, Police Chief J RE: Claim -Irene Holz, 705 Rhomberg Avenue, Police Case #08-50064 INTRODUCTION The purpose of this memorandum is to recommend consideration of payment fora claim file against the City of Dubuque by Irene Holz, 705 Rhomberg Avenue, regarding damage to her back door window by police during an October 27, 2008 welfare check. BACKGROUND On October 27, 2008 at 8:53 A.M., Dubuque Police responded to 705 Rhomberg Avenue for a welfare check, the residence of Irene Holz, a 90 year old female. Walter Mecklenburg, 90 West 28th Street, reports it was unusual not to have seen Irene Holz since the previous day. Additionally, while police were investigating, police dispatch received a telephone call from Lifeline reporting Irene Holz's medical warning bracelet had activated. The residence was found secured with no signs of movement. Mail was found in the mailbox along with a newspaper on the back porch. Due to the concern, the officer asked and received permission from the shift commander to enter the residence. To achieve entry, the officer broke out a single pane window to gain access to the deadbolt lock on the back door. Upon entry officers found Irene Holz was not at the residence and later learned she had been picked up at 8:50 A.M. by the RTA (Regional Transit Authority) and taken to Sunset Park Place for medical testing. Irene Holz was unaware her medical bracelet had accidentally activated until she arrived back home. A note regarding the damage was left for Irene Holz to call the police department. DISCUSSION Based upon the information known at the time of the entry, the police felt exigent circumstances existed compelling the officers to seek permission to enter the residence to check the welfare of Irene Holz. This force included the breaking of a single pane window to allow access to the back door deadbolt lock to gain entry. Although having to resort to damaging the window, this course of action was found to be reasonable and the actions of the officers were appropriate and prudent. A copy of the police report and the dispatch call for service is attached. RECOMMENDATION In the interest of good faith and community relations, I recommend payment of the damage to a single pane window, based upon a qualified repair estimate, damaged during the execution of an October 27, 2008 welfare check at the home of Irene Holz, 705 Rhomberg Avenue. ACTION REQUESTED Action requested is consideration to pay for the damage, based upon a qualified repair estimate, to a single pane window damaged during the execution of an October 27, 2008 welfare check at the home of Irene Holz, 705 Rhomberg Avenue.