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Claim Response Roling-Danner, Mary Jo . BAR R Y A. L I N 0 A H L, E 5 CORPORATION COUNSEL OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: February 2, 2005 RE: Claim Against the City of Dubuque by Mary Jo Roling-Dannar Claimant Date of Claim Date of Loss Nature of Claim Mary Jo Roling-Dannar 01/14/05 01/14/05 Vehicle Damage This is a claim in which the claimant alleges that her keys were inadvertently locked in her vehicle by Dubuque Police during her arrest. According to the report of Kim Wadding, Chief of Police, Dubuque Police stopped claimant's vehicle on January 14, 2005 for a seatbelt violation. During the arrest, it was alleged that the claimant was operating the motor vehicle while intoxicated, and was transported to the Police Department. While securing the vehicle at the scene, the officers observed a set of keys in the possession of claimant and believed them to be to claimant's vehicle. It was later determined the vehicle keys were not those in the possession of claimant but in the vehicle and unintentionally locked in when the vehicle was secured at the scene by the arresting officers. It is therefore the recommendation of Kim Wadding to approve this claim for the amount of $32.10 regarding the unlocking fee to retrieve the vehicle keys from inside the vehicle. The Legal Department concurs with this recommendation. SALtls cc: Michael C. Van Milligen, City Manager ,..Jeanne Schneider, City Clerk Kim Wadding, Chief of Police Mary Jo Roling-Dannar SUITE 330, HARBOR VI8N PLACE, 300 MAIN STREET DUBUQUE. IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org I)i';B~E ~~~ DATE: February 1, 2005 TO: Barry Lindahl Legal Department Kim B. Wadding A;........ Police Chief ~ FROM: RE: Claim against the City of Dubuque by Mary Jo Roling-Dannar INTRODUCTION The purpose of this memorandum is to recommend payment of $32.10 for unlocking services to unlock Mary Jo Roling-Dannar vehicle when her keys were inadvertently locked in her vehicle by Dubuque Police during her arrest for Operating a Motor Vehicle While Intoxicated January 14, 2005. BACKGROUND On January 14, 2005 Dubuque Police stopped a 1993 Maroon Dodge Shadow at Locust Street and 1st Street for a seatbelt violation. The owner, Mary Jo Roling-Dannar, was the driver of the vehicle. During the stop it was alleged Mary Jo Roling-Dannar was operating the motor vehicle while intoxicated. As a result, Mary Jo Roling-Dannar was arrested and transported to the police department. While securing the vehicle at the scene, the officers observed a set of keys in the possession of Mary Jo Roling-Dannar believing them to be to the vehicle. The vehicle was secured and Mary Jo Roling-Dannar was transported to the police department for processing. DISCUSSION It was later determined the vehicle keys were not those in the possession of Mary Jo Roling-Dannar but in the vehicle and unintentionally locked in when the vehicle was secured at the scene by the arresting officers. RECOMMENDATION In review of the circumstances, I recommend payment in the amount of $32.10 regarding the unlocking fee to retrieve the vehicle keys from inside the vehicle.