By:Chris Munzing
The vote came in the wake of a court decision last year that the city could not protect former City Manager Ed Eaton, who was found liable for a violation of the civil rights of Circulo de la Hispanidad after he cancelled the organization's festival in May 1998 amid rumors of gang activity. Eaton was ordered to pay $50,000 in punitive damages.
Corporation Counsel Charles Theofan, who drafted the resolution, said that by eliminating punitive damages from the criteria for indemnification, it brings the city into line with other municipalities. "A municipality cannot be punished for a public official's actions," he said. "This never should have been in the law. Any municipality that doesn't have a law like this is remiss."
Theofan added that it wouldn't be right for the taxpayers to have to pay for the actions of a city official acting outside the scope of his or her duties.
The decision was the result of a lawsuit brought by current councilwoman Mona Goodman and others.
Also passed at the meeting was an increase in cost for a Uniticket, from $20 to $30. The Uniticket allows commuters to pay half-fare for a Long Beach city bus to and from the Long Island Rail Road station, a deal that encourages the use of public transportation. The bus fare in the city recently increased from $1 to $1.50. The increase in the cost of the Uniticket reflects the increase in the fare.
The fees charged to commercial properties for garbage and refuse pickup were also increased. All businesses in the city were recently surveyed to determine how much garbage they produced. The new quarterly fee of $23.40 per cubic yard is up from $18, with a minimum charge per quarter of $105. Hotels, adult homes, convalescent homes, nursing homes and other similar establishments will now be charged a yearly rate of $165 per unit.
According to City Manager Glen Spiritis, the decision to raise the rates was made because of the deficit in the city's sanitation department, and because of the imbalance in payments between commercial properties and residences. "Residential properties have been subsidizing garbage collection for commercial properties," Spiritis said, adding that the new rate was still cheap by comparison.
Also approved at the meeting was a $75,000 settlement paid to Ruth and Alvin Silberman. The Silbermans sued the city after Ruth was involved in an auto accident on October 20, 1998. She was traveling west on East Olive Street, crossing Riverside Boulevard, when she was struck by a car traveling southbound on Riverside. Only Silberman had a stop sign, but she sued the city on the grounds that shrubs and trees on the center mall had prevented her from seeing the oncoming car. Silberman, a piano teacher, had her right arm severed in the accident when her car flipped over. The arm was reattached, but she does not have full use of it.
The city argued that Silberman was on the only road with a stop sign and should have stopped, according to Sam Lippman, an attorney in the corporation counsel's office. Lippman said the city decided to settle the case before it went to trial because of the uncertainty of the outcome. A piano teacher with a severed arm is a powerful plaintiff, he said. "We had to take the best course for the city, and in this case the best course was a settlement."
"And it's not like her attorneys did wrong by her, either," Lippman continued. "She could've gotten nothing. Nassau County juries often find for the defendant in these cases."
In addition to the $75,000 settlement from the city, Silberman also received $100,000 from the other driver.
