Claim Response Marcotte, MaryBARRY A. LINDAHL, ESQ~
CORPORATION COUNSEL,~CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE: July 23, 2003
RE:
Claim Against the City By Mary Marcotte
Claimant
Date of Claim
Date of Loss
Nature of Claim
Mary Marcotte 07/03/03 06/05/03
Towing of Vehicle
This is a claim in which claimant alleges that the City of Dubuque Police Department
recovered and towed claimant's stolen vehicle to Wenzel Towing. Ms. Marcotte states
that the vehicle was drivable when found, and the tow was not authorized.
According to the report of Klm Wadding, Chief of Police, on June 5, 2003, claimant
reported to police her vehicle had been stolen from in front of her residence at 663
Jefferson between the hours of 11:00 p.m. June 4 to 7:30 a.m. June 5, 2003. On June 7,
2003 police recovered the stolen vehicle near the intersection of Burden and Hogrefe.
Police dispatch attempted to contact claimant at home and her work place. Ms. Marcotte
did not answer the initial call and a phone message was left explaining the recovery of her
vehicle. A second message was left on Ms. Marcotte's answering machine stating the
vehicle had been towed to Wenzel's Towing.
On June 8, 2003, Officer Rosenthal contacted and met with claimant, where Ms. Marcotte
provided proof of ownership and signed a supplemental report acknowledging the
recovery of the vehicle and its availability for release at Wenzel Towing. However, Ms.
Marcotte did not claim the vehicle until June 26, 2003, 19 days after the odginal tow and
18 days after meeting with Officer Rosenthal.
Chief Wadding states that police made reasonable efforts to locate Ms. Mamotte. The
Police Department has no other place to store recovered vehicles other than the
contracted towing service of Wenzel Towing. It is therefore the recommendation of Chief
Wadding to deny this claim. The Legal Department concurs with this recommendation.
BAL:tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Klm Wadding, Chief of Police
Mary Marcotte
SUITE 330, HARBOR ViEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ{~,~MWCI.NET
THE CITY OF ~
DATE:
July 21, 2003
TO:
FROM:
Barry Lindahl
Legal Department
Klm B. Waddin~
Police Chief '
RE:
Claim against the City of Dubuque by Mary Marcotte #03-22413
INTRODUCTION
The purpose of this memorandum is to respond to the damage claim submitted by Mary
Marcotte regarding the recovery, towing, and storage of her stolen vehicle.
BACKGROUND
On June 5, 2003 7:49 A.M. Mary Mamotte reported to police her vehicle had been
stolen from in front of her residence 663 Jefferson between the hours of 11:00 P.M.
June 4 to 7:30 A.M. June 5, 2003. The vehicle is described as a 1986 Cadillac Deville,
white in color. The vehicle license is 919MFQ with a serial number of 1G6CD698
7G4296024. Vehicle value is estimated at $1,000.
DISCUSSION
On June 7, 2003 the vehicle was recovered near the intersection of Burden and
Hogrefe. Police dispatch attempted to contact Mary Marcotte at home and her work
place, Dubuque River Rides. Mary Mamotte did not answer the initial call and a phone
message was left explaining the recovery of her vehicle. On June 7 at 12:15 P.M. a
second message was left on Ms. Mamotte's telephone telling the vehicle had been
towed to Wenzel's Towing.
On June 8, 2003 at 9:00 A.M. Officer Kurt Rosenthal contacted Mary Marcotte. Dudng
this meeting Marcy Marcotte provided proof of ownership for the vehicle and signed a
supplemental report acknowledging the recovery of the vehicle and its availability for
release. Reviewing the towing receipt from Wenzel Towing, Mary Marcotte did not
claim the vehicle until June 26, 2003, 19 days after the original tow and 18 days after
meeting with Officer Rosenthal.
RECOMMENDATION
When a stolen motor vehicle is recovered, we attempt to contact the owner and make
the necessary arrangements for return. In this particular case, telephone calls were
made to both the home and the victim's place of work with no immediate contact other
than leaving a telephone message. To ensure vehicle safekeeping, the vehicle was
towed by our contracted towing service and secured until the owner is located and the
vehicle released.
After review and consideration, I recommend denial of the claim. The police
department acted reasonable in efforts to locate the owner and did so within a day of
recovery. The police department has no other place to store recovered vehicles other
than our contracted towing service, Wenzel Towing, INC. I have included copies of the
offense report regarding the recovery, the impounded vehicle report, and a
supplemental report where Mary Marcotte was notified of the recovery on June 8, 2003.
ACTION REQUESTED
To deny the claim submitted by Mary Marcotte in the amount of $249.10.