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Re: EX-CITY ENGINEER SUED IN FLOODING

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But the Administrative Provisions of BUILDING codes normally wouldn't come into play with non-building projects. It's one for the lawyers, but if he was an employee of the City, unless there was intentional negligence, I would think the City would not have much of a case as they are ultimately responsible for their employees actions.  My recollection, from when I served on a City Council and received opinions from the City Attorney on employment matters, was that there was immunity (and a duty by the City to defend) in State law even when an employee showed gross incompetence (although these opinions were about another employee, not about our City Engineer, who was a very competent and capable engineer). If the Los Alamitos engineer was a CONTRACT City Engineer, however, it would depend on his contract with the City. Reporters sometimes miss the subtle distinction between an employee and "employed" (read contracted with) by the City.
 
Bill Cain, S.E.
Berkeley CA
 
 
-----Original Message-----
From: Haan, Scott M POA <Scott.M.Haan(--nospam--at)poa02.usace.army.mil>
To: seaint(--nospam--at)seaint.org
Sent: Wed, 26 Oct 2005 13:13:06 -0800
Subject: RE: EX-CITY ENGINEER SUED IN FLOODING

The Administrative portions of building codes normally indemnify code
officials even for incompetence if it was not malicious.  Other portions of
local laws would apply to a public works engineer.

-----Original Message-----
From: Mike Murphy [mailto:Mike_Murphy(--nospam--at)Ameron.com] 
Sent: Wednesday, October 26, 2005 12:42 PM
To: 'seaint(--nospam--at)seaint.org'
Subject: EX-CITY ENGINEER SUED IN FLOODING

The news article below is very interesting yet difficult to fathom. 
-----------------------------------------------------------------------
Tuesday, October 25, 2005 
EX-CITY ENGINEER SUED IN FLOODING

Los Alamitos filed suit Monday against its former city engineer, saying his
plans for improvements to Los Alamitos Boulevard were to blame for heavy
flooding during the rainstorms in January. 

Michael Kim was employed by the city in February 2002, when he planned the
street improvements and the reconstruction. A new city engineer was hired in
June 2002. 

Kim could not be reached to comment. 

In the lawsuit, filed in Orange County Superior Court, the city claims
$15,000 in expenses for investigating the cause of the flooding and $105,000
for cleanup and repairs. 

- Eleeza V. Agopian

(714) 445-6692
http://www.ocregister.com/ocregister/news/local/article_730720.php
----------------------------------------------------------------------------
Is the City accusing the former City Engineer with criminal or
non-professional conduct? His name does not show any problems on the
California Board for Professional Engineers and Land Surveyors website
http://www.dca.ca.gov/pels/l_lookup.htm.

If he made an error, wouldn't the City's own E&O policy cover it?
Did he have unlimited funds and powers to prevent any flooding in the city?
There has got to be a lot more to the story than what the news article
implies.


Regards,
Mike  Murphy

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