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Wednesday, September 08, 2010
San Bernardino Argues Private Investigator's Claim Lacks Merit
San Bernardino contends that a private investigator has failed to provide clear-cut evidence to support claims in a lawsuit that the city owes him nearly $39,000 for investigating allegations of police misconduct.
Private investigator William Schneid filed the four-page lawsuit July 6, alleging the city breached its oral contract and still owes him $38,815.38 for his services.
The city argued in its three-page response to the lawsuit Aug. 5 that the city entered into a written contract with Schneid that called for a payment of $22,000.
"The parties agreed orally and confirmed in writing that any obligation of the city to plaintiff (Schneid) would be satisfied in full by the city's payment of approximately $22,000 to plaintiff," according to the city's response to Schneid's lawsuit.
Schneid, however, alleges that he investigated allegations of police misconduct for two years, including a police sergeant accused of illegally detaining suspects and stealing department funds. When he submitted billing statements to the city totaling more than $38,0000, the city refused to pay him.
City Attorney James F. Penman said he is unaware of any oral agreement between Schneid and the city that stipulated for more money.
"No one had authority to enter into that kind of agreement anyway. The Mayor and (City) Council would have to approve that, and they did not," Penman said.
The city believes that the allegations in Schneid's complaint are vague and fail to state specific facts and details.
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