Claim Response Michel, Rebekkah
BAR R Y A. L I N D A H L, E
CORPORATION COUNS
CITY OF DUBUQUE
..i
.
MEMO
To: Mayor Terrance M. Duggan and
Members of the City Council
(,,
DATE:
December 13,2005
RE:
Claim against the City of Dubuque by Rebekkah Michel
Claimant
Date of Claim
Date of Loss
Nature of Claim
Rebekkah Michel
12/07/05
11/26/05
Property Damage
This is a claim in which the claimant is requesting that the second of two solid waste
containers, which was disposed of by City refuse crew, be replaced.
According to the report of Solid Waste Management Supervisor Paul Schultz, Rebekkah
Michel submitted a prior claim on October 26, 2005 alleging that the City's Solid Waste
Collection Crew broke her two refuse containers and disposed of one of them. She
stated that both containers were high quality Rubbermaid brands and requested both be
replaced.
The crewmember confirmed that he had disposed of the broken container. However, he
should have tagged the broken container twice before disposing of it. Upon an
investigation at the alley site in which photos were taken, it was discovered that the
remaining broken container was a cheaper, less resilient brand container. City
Ordinance 40-18(d) directs crew to remove broken and improper containers.
Mr. Schultz explains that he approved the first claim for the amount of the one seized
container since it was disposed of without adequate prior notice. However, the
breakage of less sturdy containers under normal crew handling is not the responsibility
of the City. City Council approved Ms. Michel's first claim upon the recommendation of
Mr. Schultz for the amount of $13.00, which is the replacement cost of a similar, sturdier
container. However, because claimant has not yet returned the signed release, the
$13.00 check has yet to be disbursed to claimant.
Claimant is now making a second claim for the reimbursement for the same second
broken container. Mr. Schultz states that the second container was split down the side,
had only one handle, was missing 75% of the rim and 50% of the side-wall, and had no
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
,
lid and no way to accommodate a lid. Additionally, Mr. Schultz reports that the empty
broken container had been set out in a rack in the right of way for weeks after Mr.
Schultz's telephone conversation with claimant explaining instruction on container rules
and the written denial notice of Ms. Michel's initial claim for the second container.
It is therefore the recommendation of Paul Schultz to deny this claim as the crew properly
disposed of claimant's second refuse container. The Legal Department concurs with this
recommendation.
BAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Rebekkah Michel
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 f FAX (563) 583-1040 f EMAIL balesq@cityofdubuque.org