City lawyer files $1 million claim against the city

By: ROB O'DELL - Staff Writer | Monday, November 3, 2003 10:51 PM PST ∞

OCEANSIDE ---- A lawyer in Oceanside's city attorney's office has filed a claim seeking $1 million in damages because he was denied a promotion in June.

Deputy City Attorney Frank Balistrieri filed the claim, a precursor for a lawsuit, with the city clerk on Oct. 31. He is seeking $1 million for loss of wages, medical expenses, emotional distress and attorney fees.

In his three-page claim, Balistrieri alleges he was denied promotion to assistant city attorney in June because of objections he made when current interim city attorney Anita Willis was promoted in December 2000 to assistant city attorney. Willis has since been promoted to interim city attorney.

He alleges Willis, who is black, was promoted in 2000 solely because of her race, a violation of the 1964 Civil Rights Act.

He said he was retaliated against because of his objections by being stripped of compensation for vacation and also because he objected to changes to his work schedule. Balistrieri also claims misrepresentations were made during the promotion process. Fellow Deputy City Attorney Pamela Walls was ultimately promoted to assistant city attorney.

Balistrieri's claim alleges medical expenses are continuing, and that he is suffering from high-blood pressure and taking anti-depressants. He also alleges that he has been wrongfully denied monetary and career advancement.

Balistrieri's lawyer, Richard Farnell of Newport Beach, said the damage estimates are approximate and that the actual claim "could exceed $1 million." Farnell said he is awaiting the city's response.

The city has 45 days to respond. If the city denies all the charges, Balistrieri would have the option of filing suit in Superior Court, Farnell said.

City Manager Steve Jepsen said the claim will be investigated by the city personnel department.

The claim will be treated the same as any personnel matter, except that the city needs to hire an outside legal firm because the case involves the city attorney's office, Jepsen said.

"Usually (the city's attorney's office) would handle it, but obviously they would not handle it in this particular claim," Jepsen said.

Contact staff writer Rob O'Dell at (760) 901-4067, or at rodell@nctimes.com.