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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.