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Shelton v. City of Manhattan Beach9/28/2004
discuss the circumstances of this investigation with anyone other than Chief Klevesahl, Marcie Glen, your chosen counsel, or myself unless authorized to do so by Chief Klevesahl, Marcie Glen, or myself." The lieutenant's December 14, 2001, written order referenced an internal affairs investigation into plaintiff's allegations involving Officers Sellan and Eccles.
On December 18, 2001, plaintiff became ill at work. He was very dizzy. The room began to spin. Plaintiff got up and walked to the Fire Department where paramedics attended to him. Plaintiff was taken to an emergency room by ambulance. This was the fourth time plaintiff had been hospitalized since September. Plaintiff took a second medical leave of absence beginning December 18, 2001. Chief Klevesahl never contacted plaintiff.
On January 13, 2002, plaintiff stopped by the police station to pick up a paycheck and speak with the new union president. In a January 17, 2002, letter, Chief Klevesahl advised plaintiff: "It has come to my attention that you were in the olice station in the very early morning hours on Sunday, January 13, 2002. Since you have provided documentation from your doctor that your medical condition prevents you from working until February 4th, it is not appropriate for you to be in the station until your doctor clears you to return to duty. I am concerned about your health and want you to focus your attention on improving it. If you have any work-related issues that need immediate attention or would require your presence in the station, contact Captain Maggard or me to discuss how to resolve those issues. [ ] I hope you are on the road to recovery and will be able to return to work in early February."
City resolution No. 3590 states the city manager may grant a full time employee a leave of absence with or without pay not to exceed one year. City Manager Geoff Dolan granted plaintiff a leave of absence in excess of one year. In February 2003, the city offered to return plaintiff to work "with the accommodations described by his physician" related to his carpal tunnel syndrome. However, on February 26, 2003, plaintiff submitted a letter of "retirement" rather than return to work on modified light duty. Plaintiff had remained a city employee until he submitted his letter of retirement. Plaintiff has not returned to work and has asserted, under penalty of perjury, that he is permanently disabled from being a police officer. Plaintiff presented evidence his doctors have declared him permanently disabled from returning to his employment with the department because of stress and high blood pressure.
Plaintiff filed administrative complaints with the California Department of Fair Employment and Housing on May 1, 2002. Plaintiff filed his original complaint in the trial court on August 21, 2002. The operative pleading is a second amended complaint. Plaintiff asserts the following causes of action for violations of the
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