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Shelton v. City of Manhattan Beach9/28/2004
, 2001, plaintiff contacted Marcie Glenn, the city's human resources director, to complain about inattention to his August 22, 2001, internal complaint. On October 15, 2001, plaintiff e-mailed Chief Klevesahl. Plaintiff asked Chief Klevesahl to take action on Officers Sellan and Eccles's failure to abide by the order to stop discussing the August 22, 2001, internal complaint.
In late October or early November 2001, Captain Marshall participated in a management meeting with Chief Klevesahl, a lieutenant, and others. At the management meeting, the issue of plaintiff's extended medical leave arose. Chief Klevesahl raised the possibility of sending plaintiff what witnesses referred to as a "notice of abandonment of duty." Captain Marshall described the issue at the meeting: "This came up as a result of [plaintiff] being asked about his medical condition and that length of time becoming quite extensive. And also[,] I believe [a lieutenant] was having difficulty, he said, getting hold of [plaintiff]." Captain Marshall explained, " y information was that [plaintiff] was going to be out longer because of his medical condition. [ ] . . . [ ] . . . I knew that he was out for medical reasons and he was not intending to be out indefinitely, and I didn't feel it was abandoning his position." Captain Marshall continued: "There was a discussion about trying to make contact with [plaintiff] and, in failing that, possibly sending him a letter about abandonment of his position. [ ] . . . [ ] There was a discussion about sending a patrol car. I think I made that suggestion. But [a lieutenant] had been unable get hold of him by telephone, and I believe I made that suggestion to simply drive down there and try to make contact." Plaintiff denied that he had been unavailable by telephone. Plaintiff stated no messages had been left on his department-issued cellular telephone or his department-issued pager.
Nevertheless, on November 2, 2001, after the management meeting, Chief Klevesahl sent plaintiff a letter. The letter made it clear plaintiff had to provide details concerning his inability to come back to work or he would be deemed to have abandoned his employment. Captain Marshall learned the November 2, 2001, letter which raised the potential abandonment of duties issue, had been sent to plaintiff. Captain Marshall then contacted plaintiff's mother. Captain Marshall asked her to tell plaintiff call in to the police station. Thereafter, a telephone conversation transpired between plaintiff and Captain Marshall. Captain Marshall explained he had could not recall exactly what was said during the telephone conversation. At Captain Marshall's deposition, the following occurred: "Q Didn't you tell him just to get the doctors information in whenever he had the chance? [ ] A I believe I said that." It was not uncommon to orally receive information from an officer that he or she may be out longer than expected. Under those circumstances, Ca
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