PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys David A. Fike A Professional Corporation dfike@fikeboranian!aw com Meggin Boranian mboranian@fi!ceboranianlaw .com 401 Clovis Avenue, Ste. 208 Clovis, California 93612 Telephone (559) 229-2200 Facsimile (559) 225-5504 Daniel W. Rowley Of Counsel drowley@fikebornnianlaw.com March I, 2019 VIA EMAIL AND FIRST-CLASS MAIL Mario Zamora, Esq. · Griswold, LaSalle, Cobb Dowd & Gin, LLP 111 E. 7th Street Hanford, CA 93230 zamora@griswoldlasalle.com Re: Report on Confidential Investigation Dear Mr. Zamora: In October 2018, I was asked to conduct an impartial, objective investigation of complaints made by several employees of the City of Tulare ("City") Economic and Community Development Department ("Department") regarding their interactions with City Council Member/real estate developer/contractor Greg Nunley. I agreed to perform the investigation and have recently completed my work on this matter. The purpose of this letter is to provide you with a report setting forth my factual conclusions and findings regarding this matter. Initially, it must be noted that I was retained as an attorney to conduct an objective, impartial, factual investigation and provide a report containing my conclusions regarding the facts. It is my understanding that you will use my report to provide legal advice to the City regarding the matters that are the subject of this report. The investigation consisted of the personal interviews of Darlene Thompson, John Karlie, Josh McDonnell, Lucie Brown, Mike Bruening, Mike Miller, Ninfa Condie, Steve Hammond, Traci Myers, Tyler Dodson, Willard Epps and Greg Nunley.. I have also had follow up phone calls with and emails from some oftlu~ witnesses and Mr. Nunley's attorney, James Wilkins. Mr. Nunley provided me with the names of three witnesses he suggested I interview: Lucy Arruda, Kent McNiece and William Trampas Fagundes. I was able to interview Ms. Arruda and Mr. Fagundes by phone. Mr. McNiece declined to be COT/JA000001 ·FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page2 interviewed without receiving more information in writing. We agreed that I would send him an email with the requested information. We also agreed that if he was willing to cooperate after he got my email, he would contact me. Otherwise, I would not contact him again. 1 In addition, I was provided with and/or obtained copies of the following documents during the investigation: • Copies of emails, notes and memoranda totaling 15 pages from City employees setting forth their complaints, concerns and/or experiences with Mr. Nunley. A copy of these documents is attached as Exhibit 1. • Copies of numerous emails between Mr. Karlie and Mr. Nunley totaling approximately 59 pages. A copy of these emails is attached as Exhibit 2. • Copies of numerous emails between Mr. McDonnell, Mr. Nunley and others, and some attachments, totaling approximately 23 pages. A copy of these emails is attached as Exhibit 3. • Copies of various emails and handwritten notes prepared by Ms. Myers regarding her interactions with Mr. Nunley and/or issues raised by Mr. Nuniey. A copy of these documents is attached as Exhibit 4. • A copy of an email chain ending October 22, 2018 from Janice Avila to Dan Rowley, Subject: FW: Fwd. A copy of this email chain is attached as Exhibit 5. • A copy of an email chain ending October 31, 2018 from Janice Avila to Dan Rowley, Subject: FW: 2590 Diamante Dr. (Nunley Residence) - Gas line inspection. A copy of this email chain is attached as Exhibit 6. If I am contacted by Mr. McNiece after this report is submitted, I will provide a supplemental report with the information he provided. COT/JA000002 .. PIKE & BORANIAN · ATTORNEYS AT LAW A n Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page3 • A copy of pages 157-168 of what appears to be the deposition of Joseph Carlini taken on October 10,2018. A copy of this document is attached as Exhibit 7. • A copy of a letter dated March 27, 2014, from City Attorney Martin Koczanowicz to Mr. Nunley, Re: Contact with City Staff. A copy of this letter is attached as Exhibit 8. • A copy of type written notes provided by Mr. Dodson dated December 13, 2018, Subject: Interaction with Greg Nunley- Tyler Dodson and Mike Bruening. A copy of these notes is attached as Exhibit 9. • A copy of an email chain ending on January 23, 2019 with an email from Mr. Dodson to Dan Rowley, Subject: FW: Nunley PRA re emails from 1/1/18 to present JK, TM, JMC, CA, TC, LB, NC & ML. A copy of this email chain is attached as Exhibit 10. • A copy of pages 78-79 of what was reported to me to be a part of the deposition of Josh McDonnell. A copy of this docwnent is attached as Exhibit 11 . • A copy of a photograph of a " Stop Work" (i.e., "red tag") dated September 6, 2018 with the handwritten note "3031 Windmill." A copy of this photograph is attached·as Exhibit 12. • A copy of a text message exchange between Mr. Karlie and Ms. Arruda which Mr. Karlie represented occurred on September 7, 2018. A copy of this document is attached as Exhibit 13. • A copy of City of Tulare Building Department Correction Notices forms for 2590 Diamante Avenue signed by Mr. Dodson, copies of related photographs taken by Mr. Dodson regarding the gas line issues mentioned in the correction notices and copies of a few pages from the 2008 California Plumbing Code provided by Mr. Dodson. Copies of these documents are attached as Exhibit 14. • A copy of the complete deposition of Mr. McDonnell dated November 9, 2018. Attached as Exhibit 15 is copy of an excerpt from Mr. McDonnell's deposition consisting of pages 14-24. COT/JA000003 .. FIKE & BORANIAN · ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March I, 2019 Page4 I. • A copy of the complete deposition of Joseph Carlini dated October 10, 2019. Attached as Exhibit 16 is a copy of an excerpt from Mr. Carlini's deposition consisting of pages 161-168. • A copy of various documents provided by Mr. Dodson consisting of emails and inspection cards. A copy of these documents is attached as Exhibit 17. BACKGROUND A. Gre~: Nunley Mr. Nunley reported that when he graduated from high school, he began studying architecture under the supervision of a licensed architect. His goal was to become an architect. In 2005, he obtained his general contractor license and began building and developing real property. According to Mr. Nunley, approximately 95% of what he builds is for himself. He reports that he builds single and multifamily residential buildings as well as commercial buildings. He also commented that while most of his work is in Tulare, he builds/develops property in other jurisdictions as well. Mr. Nunley was elected to the Tulare City Council in November 2016 and took office·shortly thereafter. According to Mr. Nunley, before he was elected, he attended meetings as a builder/developer with City staff. However, before he was elected, he did not call anyone at City Hall if he had an issue with City staff because the City Manager Don Dorman had directed the City staff to not be friendly to developers. He reported that Mr. Dorman ended his tenure with the City a few months before Mr. Nunley was elected. 2 Mr. Nunley then noted that he had spoken with Ms. Myers one time before being elected. Apparently, that conversation did not go well because he later attempted to patch up the relationship with Ms. Myers before running for City Council. Mr. Nunley reported that since being elected, he sends others to represent him at meetings with City staff. He stated that he made this change because he did not 2 According to accounts on the Internet, Mr. Dorman retired in September 2016. See, https ://www.visaliatimesdelta.com/story/news/locaV20 16/05/ 13/tulare-city-managerannounces-retirement/84360750/ COT/JA000004 ·. PIKE & BORANIAN , ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 PageS want City staff to accuse him of anything. He noted that there was one exception in which he was invited to a meeting and he did attend. In addition, he pointed out that he does have contact with City staff who come to inspect his personal residence. According to Mr. Nunley, his shifting away from having contact with City employees did not include Mr. McDonnell, the City Manager or Mr. Karlie, the Chief Building Official for the City. Mr. Nunley claims that he has never spoken to Mr. Karlie in the capacity of a City Councilman. Instead, he views all his communications with Mr. Karlie as coming from a citizen/developer. Likewise, according to Mr. Nunley, all his communications regarding his building projects with City employees, including the City Manager and the City Attorney, have been as a citizen/developer. From Mr. Nunley's perspective, currently there are employees at City Hall with whom he has a good relationship3 and some a not-so-good relationship. The individuals with whom he believes he does not have a good relationship include Mr. Karlie, Mr. Dodson, Mr. Bruening, Tony Trevino, Ms. Myers and Mr. McDonnell. Former Interim City Manager Willard Epps was absent from Mr. Nunley's list of employees with whom he has a not-so-good relationship. According to Mr. Nunley, other than at City Council meetings, he only spoke to Mr. Epps one time and that was by phone. Mr. Nunley reported that on this one occasion, he asked Mr. Epps to have Mr. Karlie not perform any of Mr. Nunley' s inspections because Mr. Karlie was harassing him. According to Mr. Nunley, Mr. Epps responded that he would not prohibit Mr. Karlie from inspecting Mr. Nunley's projects. Mr. Nunley claims that he then stated to Mr. Epps, "Good luck being the City Manager for a short period oftime."4 Mr. Nunley reported that thereafter he never spoke to Mr. Epps in connection with issues 3 During his interview, Mr. Nunley reported information that suggested, if he was telling the truth, it could have only come from a current City employee. For example, he reported that the City had recently decided to contract with a private firm to perform the building inspections on his projects and then commented that Mr. Karlie was irate about this decision. Mr. Nunley was then asked if he had a "mole" at City Hall. Initially, Mr. Nunley refused to answer the question but then commented that he has people that like him down there. 4 According to Mr. Nunley, this was a reference to the fact that everyone knew that Mr. Epps was going to retire in December 2018. During his interview, Mr. Nunley reported that Mr. Epps did retire in December 2018. COT/JA000005 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page6 he had with City staff because he had no faith that Mr. Epps would do anything to resolve the problems he was having. He also opined that Mr. Epps was letting people run all over him. B. City Staff City staff have reported experiencing issues with Mr. Nunley going back to at least 2014. Exhibit 8 is a copy of a letter that then City Attorney Martin Koczanowicz wrote to Mr. Nunley regarding his reported inappropriate interactions with City staff. The reports recited in Mr. Koczanowicz's letter include the use of vulgar language, accusing City staff of lying and being rude and abusive. In his interview for this investigation, Mr. Nunley reported that in all his dealings with City staff over the years, there have only been two instances in which he yelled at City staff. One incident involved Don Dorman. The second incident involved Rob Smith and is discussed in the March 27, 2018letter. In this instance, Mr. Nunley admits that he was mad and that he hung up on Mr. Smith. According to Mr. Nunley, he and Mr. Smith have since resolved their differences and put this incident behind them. Mr. Nunley reports that the restrictions mentioned in Mr. Koczanowicz' s letter were never enforced. The more recent incidents involve a variety of allegations including the following: • Rude, inappropriate treatment of building inspectors by Mr. Nunley during inspections of the construction of Mr. Nunley's private residence. • Demands to have City staff fired. • Having to address complaints from Mr. Nunley that Mr. Karlie, directly and through the other building inspectors, harassed Mr. Nunley. • Threats of a lawsuit. COT/JA000006 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 7 Mr. Nunley's alleged treatment of City staff resulted in their complaints about this treatment of them. 5 It is my understanding that those complaints led to this investigation. C. Mr. Karlie and Mr. Nunley At the center of the current disputes between Mr. Nunleyand City staff is Mr. Karlie. Their relationship goes back several years. According to Mr. Karlie, when he was hired as the Chief Building Official for the City, he learned that it was "like the wild, wild west" and rules were not always enforced as they should have been. One of his goals was to begin consistently enforcing the building codes. Mr. Karlie .r eported, and Mr. Nunley confirmed, that in response to Mr. Karlie's increased scrutiny, Mr. Nunley circulated a petition demanding that Mr. Karlie be fired. According to Mr. Nunley, Mr. Karlie took things too far and was making statements like he was the new sheriff in town. According to Mr. Nunley, he collected about 400 signatures from contractors and suppliers. However, Mr. Nunley never turned in the petition. Instead, according to Mr. Nunley, he decided to give Mr. Karlie a chance and went to talk with him. Mr. Nunley reported that this lead to the development of a friendship between the two ofthem. 6 According to Mr. Nunley, before he was elected to the City Council, he and Mr. Karlie used to meet for lunch on a regular basis. 7 Furthermore, when Mr. Karlie had him "correct" things that Mr. Nunley disagreed with, , he complied without complaint. By way of example, Mr. Nunley reported that Mr. Karlie had him tear out the plumbing in a home after it was installed. According to Mr. Nunley, the basis 5 For example, Exhibit I . 6 Mr. Kariie denies that they were social friends. Instead, he describes the relationship as being professional and that all his contacts with Mr. Nunley, including the lunches, were business related. 7 Mr. Kar1ie denies that they met regularly for lunch. According to Mr. Karlie, they met for lunch approximately three times and Mr. Karlie paid each time. Mr. Karlie reported that this is a practice he has with other builder/developers in town in order to develop and maintain a good working relationship. COT/JA000007 PIKE & BORANIAN AITORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 8 for Mr. Karlie's order to tear out the plumbing was wrong, but Mr. Nunley never told Mr. Karlie that he was wrong or complained about it. According to Mr. Nunley, after he was elected, the lunch meetings ended but Mr. Karlie would stop by Mr. Nunley's office unannounced about one time per week and just sit and talk for about an hour. 8 The discussions, according to Mr. Nunley, included the bad mouthing of City staff. According to Mr. Nunley, this began in approximately January 2017 and continued to approximately the middle of2018. He reports that they had a falling out and, among other things, Mr. Nunley filed a police report making accusations against Mr. Karlie. 9 While Mr. Nunley was not willing to discuss the police report he filed, he openly accused Mr. Karlie and his inspectors of harassing him and making Mr. Nunley's construction crew do additional work that was not required by the building code. For example, Mr. Nunley reported that on one project, after the sheet rock installation had been inspected and approved, Mr. Karlie required that some of the sheet rock be removed so he could inspect for "draft stops" in the walls. When Mr. Karlie did the inspection, he reportedly told Mr. Nunley to "fire tape" the draft stops. Mr. Nunley claims that the employee did this and called for another inspection. Mr. Karlie was not satisfied with the frre taping and told the employee to do it again. The employee did as requested and when 8 Mr. Karlie denies this allegation. He reported that there was a period in which he did all of Mr. Nunley's inspections because no one else was willing to do them. According to Mr. Karlie, during this period he would go to Mr. Nunley' s office when needed to review plans because they were not on site for his inspection, report a change that needed to be done or discuss something else related to the inspections he was doing. The only exception to this, according to Mr. Karlie, was the one time he stopped by to get some water to drink. on a hot summer day. 9 Although Mr. Nunley reported filing the police report, he refused to discuss anything about it. However, Mr. Karlie reported that he was questioned by two police detectives. Mr. Karlie stated that he was questioned about his inspection on the construction of Mr. Nunley's residence when an inspection had not been requested by Mr. Nunley. According to Mr. Karlie, he responded that he had been called out to do an inspection by the plumber and that a building inspector can inspect any home under construction at any time for code violations. The detectives also told him that Mr. Nunley had alleged that Mr. Karlie told him that if Mr. Nunley did not get a public works inspector named Martin fired, Mr. Karlie would make it hard on Mr. Nunley's inspections. COT/JA000008 PIKE & BORANIAN ATIORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page9 Mr. Karlie returned to inspect the taping, it was approved. However, according to Mr. Nunley, Mr. Karlie now claimed that the taping had been done in the wrong location. Mr. Karlie's response to these allegations is that Mr. Nunley had covered the draft stops with dry wall before the draft stops were inspected. This example is typical of the allegations Mr. Nunley and Mr. Karlie make against each other regarding construction issues. Mr. Karlie will say that it was not done right, that it was not disclosed before or that it was not previously inspected. In response, or by way of accusation against Mr. Karlie, Mr. Nunley will assert that it was done right, that Mr. Karlie knew about it long before and said nothing or that Mr. Karlie, or some other inspector, had previously inspected and approved it. By way of another example, Mr. Karlie sent Mr. Nunley an email dated September 24, 2018 which states in part, "It has come to our attention that the two garages have been converted to living space .. .. Please submit plans for the changes." In response, Mr. Nunley wrote, "No they have not. The garage has only a swamp cooler. It is a showroom for motorcycles .... Not sure what your [sic]talking about on the other garage.[~] FUlllly you [sic] been there over 50 times and now this pops up all the [sic] sudden." 10 Mr. Karlie responded, .. We have until tinal tor code compliance." Mr. Nunley responded stating that Mr. Karlie had previously signed off on the framing, lathe, removing the garage door and adding the double door and windows. Mr. Nunley goes on to state that what was a "showroom for motorcycles" was now "a workout room not with [sic] AC." Mr. Nunley went on to add, "As for the other garage I see now we are changing that to conditioned space."11 It is noteworthy that Ms. Arruda reported that she is assigned to act as the contact person for building inspectors on some of Mr. Nunley' s commercial projects as well as the Quail Creek project, which· is residential. She also reported that she could not think of an instance in which a correction notice was wrong. She noted that on one occasion, Mr. Karlie wrote a correction notice to add a smoke detector when one was already installed, but she viewed that as just something that he had missed and a minor 10 See, pages 15 of Exhibit 2. 11 See, pages 16 of Exhibit 2. COT/JA000009 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAtw m eys Mario Zamora, Esq. March 1, 2019 Page 10 issue. She also reported that she has not had any problems with Mr. Karlie, Mr. Dodson or Mr. Bruening as building inspectors or the building inspections they perform. It must be noted that the issue of whether Mr. Nunley did things correctly or not is not within the scope of this investigation. Likewise, the scope of this investigation does not include Mr. Nunley's allegations against Mr. Karlie regarding his job performance. In addition to the relationship between Mr. Karlie and Mr. Nunley, Ms. Arruda reported that beginning in July 2018 (see discussion below regarding Ms. Arruda's opinion about the changing point), Mr. Karlie told her that she needed to quit her job with Mr. Nunley, that he did not know how Ms. Arruda can work for Mr. Nunley, that she needed to get out, etc. Mr. Fagundes reported that he received a copy of an email from Mr. Karlie to Mr. Nunley regarding a gas line that allegedly said, "How do you like this? You have to rip up your gas line." Later that day, according to Mr. Fagundes, he went to City Hall to drop off plans. When he arrived at the transaction counter for the Building Department Mr. Karlie was behind the counter with three female employees, including Ms. Condie. According to Mr. Fagundes, as he walked up Mr. Karlie said, '~How did your boss like that email?" Mr. Fagundes decided to try and deflect the comment, so he ducked behind the counter for a second and when he stood up, he (Mr. Fagundes) was smiling. Ms. Condie, according to Mf. Fagundes, then said to Mr. Karlie, "He just works for him." Mr. Fagundes took this statement to mean that Mr. Karlie should leave him alone Mr. Fagundes reported that he was offended by this exchange and reported it Mr. Nunley. 12 However, other than this incident, Mr. Fagundes has not had any issues with Mr. Karlie. 13 to 12 See, Exhibit 5. · Mr. Nunley did report the matter to Mr. Epps and the matter was investigated. 13 Mr. Fagundes did have other issues with the Department, such as how long it took to get plans for commercial buildings and multi-family buildings approved. He reported that plans for these buildings can go through multiple rounds of submittal, corrections, submittal, corrections, etc. He complained that recently Interwest, who is now handling all plan checks and inspections of Mr. Nunley's projects, gave him nine pages of corrections on the Oak Creek project. This was after Mr. Karlie had reviewed the plans and corrections made on three occasions. COT/JA000010 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 11 Mr. McDonnell opined that the changing point in the relationship between Mr. Karlie and Mr. Nunley occurred in the summer of2018 when Mr. Nunley was the recipient of a red tag and a correction notice that required Mr. Nunley to install a fire system in a building that was nearly complete. According to Mr. McDonnell, the events of that week resulted in Mr. Nunley becoming very upset and beginning to complain about Mr. Karlie. The complaints at one point, according to Mr. McDonnell, included Mr. Nunley saying that he wanted Mr. Karlie fired. Ms. Arruda reported that from her perspective, the relationship between Mr. Karlie and Mr. Nunley changed in July 2018 as a result of a meeting regarding a commercial building known as Kings Academy. She reported that sometime prior to the meeting, there had been an issue about whether or not a fire alarm needed to be installed in the building. Mr. Karlie had told Ms. Arruda to not worry about it because the fire department did not know what they were talking about. Subsequently, a meeting was held that included Mr. Karlie, Ms. Arruda, a representative from the fire department and perhaps others. During this meeting, according to Ms. Arruda, the fire department representative said that Mr. Karlie had no jurisdiction over frre related issues and that Mr. Karlie was wrong. Ms. Arruda opines that this was the changing point and thereafter Mr. Karlie has had nothing good to say about Mr. Nrinley. D. Credibility Assessment In large part, the issues in dispute involve instances in which there is conflicting evidence and no neutral third-party witnesses. Therefore, the credibility of the witnesses is a significant factor in determining what, if anything, occurred. Accordingly, this section will provide my assessment of the credibility of Mr. Nunley, Mr. Karlie, the other City staff as a group and Mr. Nunley' s witnesses, Ms. Arruda and Mr. Fagundes. 1. Greg Nunley I was impressed by Mr. Nunley during his interview. He was cooperative, volunteered information and was very cordial. His demeanor was calm and pleasant. He also appeared to have a very good memory and often added details that were previously COT/JA000011 FIKE & BORANIAN ATIORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 12 unknown to me. Nevertheless, there were a few statements that Mr. Nunley made that cause me to question his credibility. They are discussed below. • During his interview, Mr. Nunley claimed that the one and only time he ever mentioned anything about a lawsuit to Mr. Dodson and Mr. Bruening was when they were at his home for an inspection and he told them that he had a video of Mr. Dodson dropping a pebble in his gas line. This discussion is described in Exhibit 9. According to the Exhibit and Mr. Dodson, this discussion took place on December 12, 2018. Mr. Dodson and Mr. Bruening were interviewed for this investigation on November 1, 2018. During their interviews, they reported that on October 31,2018, Mr. Nunley mentioned a lawsuit and suing for harassment several times. The report of Mr. Nunley talking about a lawsuit was received from two separate witnesses more than a month before the pebble dropping incident. Because Mr. Nunley demonstrated a very good memory and often added additional details that were previously unreported, I find that the issue is not Mr. Nunley's memory. Therefore, I find that Mr. Nunley was not credible on this issue. • In connection with the alleged pebble in the gas pipe conversation, as noted above, Mr. Nunley told Mr. Dodson that he had a video recording of Mr. Dodson dropping a pebble into Mr. Nunley's gas pipe. Mr. Nunley was asked to provide a copy of the video and he declined to do so, stating that if needed he has it for litigation. In addition, during his interview, Mr. Nunley identified individuals who he claimed were witnesses to some of the incidents that occurred during inspections of his home. He agreed to provide the phone numbers for these witnesses but failed to do so. During the preparation of this report an email was sent to Mr. Nunley' s attorney asking for those phone numbers. A response was not received prior to the completion of this report. If a witness provided weaker evidence when it could have provided stronger evidence a trier of fact may distrust the weaker evidence. (See, Evidence Code section 412.) Mr. Nunley's verbal report is, in my assessment, weaker evidence which is disputed by Mr. Dodson. Mr. Nunley claimed to have stronger evidence in the form of a video COT/JA000012 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March I, 2019 Page 13 recording showing Mr. Dodson putting a pebble in his gas line yet refused to provide it. Likewise, he claims to have witnesses that can support his version of the facts but failed to provide the contact information to these third-party witnesses. During the preparation of this report I sent an email to Mr. Wilkins asking for the contact information for these witnesses, but no response was received prior to the completion of this report. • In an email exchange between Mr. Nunley and Mr. Karlie dated September 24, 2018 14 Mr. Karlie informed Mr. Nunley that because "two garages have been converted to living space" his building plans needed to be revised. In response, Mr. Nunley stated "No, they have not" and then argues that one of the garages is "a showroom for motorcycles." Mr. Nunley also claims that he is "Not sure what your [sic] talking about on other garage." Approximately one hour later, Mr. Nunley claims that instead of a showroom for motorcycles, the one garage ''will be a workout room." He also states, "As for the other garage I see now we are changing that to conditioned space." 15 Because this has to do with Mr. Nunley's private residence and he is the builder, it is reasonable to conclude that he would be aware what was going on with the construction of his home, such as converting a garage to "conditioned space." While Mr. Nunley may have had a difference of opinion with Mr. Karlie about the showroom/workout room being "living space" or not, the initial denial is unequivocal. This, in my opinion, is an example of Mr. Nunley initially "shooting from the hip" with a response that he does not know to be true. Thereafter, when he realizes he did not state the truth, he admits 14 See, Exhibit 2, pages 15 and 16. 15 It was explained to me that living space in a home is required to be heated and cooled. A garage is not living space and, therefore, not considered living space. Thus, I understand the admission that the second garage is being changed "to conditioned space" as an admission that it should be considered living space. COT/JA000013 FIKE & BORANIAN ATTORNEYS AT LAW A n Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 14 what he said was wrong. Such behavior, in my assessment, demonstrates a lack of commitment to telling the truth. 2. John Karlie John Karlie, like Mr. Nunley, was pleasant to talk with. He was confident, consistent and appeared to be knowledgeable about his profession. His statements were consistent with the documentation he provided and that was requested and produced. In short, Mr. Karlie appeared to be a credible witness. Mr. Nunley asserted that Mr. Karlie has some animus against him that could motivate him to lie. Mr. Nunley did not identify the source of or reason for this animus. When Mr. Nunley was asked why Mr. Karlie would have it out for him, he responded that Mr. Karlie had some strong opinions and would leave it at that. In an attempt to provide evidence of animus· by Mr. Karlie, without providing a reason for the animus, Mr. Nunley recited an incident in which Mr. Karlie required the removal of sheetrock so he could see draft stops. 16 Another example of what Mr. Nunley perceives as Mr. Karlie's animus toward him was reported by Mr. Wilkins following Mr. Nunley's interview. Mr. Wilkins reported that during Mr. Nunley's deposition in connection with a lawsuit, he was questioned by attorney Michael Lampe. Mr. Wilkins reports that Mr. Lampe is also the attorney for Mr. Karlie in another matter. According to Mr. Wilkins, during Mr. Lampe's questioning, Mr. Nunley was asked about his alleged failure to pay Developer Impact Fees ("DIF") for an apartment complex he had built. In response, Mr. Nunley explained that the fees were not due and payable until the City issues Certificates of Occupancy for all of the buildings in the development and that the City had not yet done so. Mr. Lampe then presented Mr. Nunley with a Certificate of Occupancy dated October 2017. Mr. Nunley explained that this certificate was only for building number 1 and the fees were not due until such a certificate was issued for all the buildings. After a lunch break, Mr. Lampe presented Mr. Nunley with a new exhibit consisting of an original Certificate of Occupancy dated October 201 7 and signed by Mr. 16 This incident is discussed above in section I C. COT/JA000014 PIKE & BORANIAN ATTORNEYS AT LAW An Association of Attorneys Mario Zamora, Esq. March 1, 2019 Page 15 Karlie which was for all the buildings in the development. Mr. Nunley claimed that he had never seen the document before. According to Mr. Karlie, he prepared and issued the Certificate of Occupancy for all the buildings at the request of his attorney, Mr. Lampe. He explained that he did so because back in approximately September/October 2017, Mr. Karlie had performed the final inspections on all the buildings and, at that time, prepared and signed Certificates of Occupancy. However, according to Mr. Karlie, not all of the Certificates were in the file. Therefore, he created a new document and dated it as of the date the buildings passed their fmal inspections and were certified for occupancy, October 20 17. In Mr. Karlie's opinion, the DIF fees were due and payable under law when the final inspections were completed. Mr. Karlie reported that he told Mr. Nunley when he did the final inspections that the fees were due. Mr. Nunley, according to Mr. Karlie, objected, refused to pay the fees and has continued to fail to pay the fees. Mr. Karlie noted that until recently, the City's computer system did not show the project as "finalized" because of an ongoing engineering dispute over a ponding basin between the Engineering Department and Mr. Nunley. Mr. Karlie noted that that dispute has nothing to do with the apartment buildings that have been inspected and approved for occupancy and have been occupied for over a year. Mr. Karlie denied having any desire or plan to attack or go after Mr. Nunley. Mr. Karlie stated that what he is concerned about is enforcing building code compliance. Mr. McDonnell reported that Mr. Karlie, as the City's Building Official, was acting within his authority to issue the Certificate of Occupancy. Mr. McDonnell questions the timing and manner it was issued, however. Mr. McDonnell did confirm that the buildings have been occupied since November/December 2017. Ms. Condie is responsible for and has access to the files for each development in the City. She reported that in 2017, Mr. Karlie did in fact issue a permanent Certificate of Occupancy for each building in the development in question. Ms. Arruda reported that she viewed Mr. Karlie as a father figure when she worked for the City and sometime afterwards. She also used to consider him to be an honest person. According to Ms. Arruda, her opinion of Mr. Karlie's honesty has changed based on his report to her that Mr. Nunley had asked Mr. Epps to fire him (Mr. Karlie). COT/JA000015 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March I , 2019 Page 16 Ms. Arruda reported that when Mr. Karlie shared this with her, he also told her that he was in Mr. Epps' office when this was said and that he (Mr. Karlie) heard Mr. Nunley make the statement that he wanted Mr. Karlie fired. Subsequently, according to Ms. Arruda, she spoke to Mr. Epps. She did not recall what the exchange consisted of, but she reported that as a result of that short discussion, she formed the conclusion that Mr. Karlie was not in the room when Mr. Epps · spoke to Mr. Nunley. She acknowledged that she did not ask Mr. Epps if Mr. Nunley had told him to fire Mr. Karlie. Mr. Epps and Mr. McDonnell reported that Mr. McDonnell and Mr. Karlie were in Mr. Epps' office discussing an issue when Mr. Nunley called Mr. Epps on his cell phone. Mr. McDonnell and Mr. Epps reported that Mr. Nunley' s voice was so loud that Mr. McDonnell and Mr. Karlie could hear what Mr. Nunley was saying. They also both confirmed that, among other things, Mr. Nunley asked Mr. Epps to fire Mr. Karlie and Mr. McDonnell. Thus, it appears that Ms. Arruda apparently misunderstood what Mr. Epps told her. Based on the facts set forth above, I find that the Certificate of Occupancy that was issued by Mr. Karlie at the request of his attorney was a replacement for the Certificates of Occupancy that Mr. Karlie had previously issued in 2017. Therefore, Mr. Wilkins/Mr. Nunley' s assertion that the new certificate was the first time Mr. Karlie had issued Certificates of Occupancy for all the buildings is not supported by the weight of the evidence and, therefore, does not support the theory that Mr. Karlie is out to get Mr. Nunley and that he would lie to do so. Another basis that may provide Mr. Karlie with a reason to harass and lie about Mr. Nunley is the allegation that Mr. Karlie threatened to be hard on Mr. Nunley if Mr. Nunley did not fire a public works inspector. (See, Exhibit 8.) Mr. Karlie is the one who reported this allegation during his interview. As discussed in Exhibit 8, he became aware of it when h~ was interviewed by police detectives based on a complaint from Mr. Nunley. Mr. Karlie denied the allegation. In his interview, Mr. NUnley refused to discuss what he reported to the police. Because this involves a criminal investigation, it is not within the scope of this investigation. Furthermore, because Mr. Nunley refused to discuss the matter, there is insufficient evidence to support this theory. COT/JA000016 FIKE & BORANIAN ATT.ORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 17 Mr. Karlie was consistent, responsive and provided documentation that supports some of his allegations. The information he reported is also consistent with the reports of others. Based on the foregoing, I find Mr. Karlie to be a credible witness. 3. Other City Staff In my assessment, the other City employees, from Ms. Condie to Ms. Thompson to Mr. Epps, and everyone else were credible witnesses. Where applicable, their verbal reports were consistent with prior statements reported by themselves or others and, in some cases, supported by documentation that was created at the time of the alleged event. 17 It should also be noted that the investigation did not result in -the receipt of any credible evidence that any of the other City staff had any reason or motive to fabricate what they were saying. For example, no one objected to or shared Mr. Nunley's political position or platform. Their only complaints were the negative interactions with Mr. Nunley that they described. Also, I was not made aware of any benefit that any of these witnesses would receive based on the outcome of this investigation. For the reasons set forth above, I find the other City staff to be credible witnesses. 4. Mr. Nunley's Witnesses Both Ms. Arruda and Mr. Fagundes were cooperative and open in their interviews. They volunteered information and answered all of the questions asked. Ms. Arruda even called back after her interview to provide dates for some of the things she reported. I fnid both Ms. Arruda and Mr. Fagundes to be credible witnesses. 5. Conclusions Regarding Credibility Mr, Nunley was not a credible witness. This is not to say that everything that Mr. Nunley stated was false or twisted. As noted above, he has a good memory. Several of the things he reported were supported by evidence. However, on the key issues involving his interactions with City staff, I find him to lack credibility in comparison to Mr. Dodson, Mr. Bruening, Mr. Karlie and the other City employees. 17 See, e.g., Exhibits 1, 3 and 4. COT/JA000017 PIKE & BORANIAN ATTORNEYS AT LAW An Association of A ttorneys Mario Zamora, Esq. March 1, 2019 Page 18 Mr. Nunley is of the opinion that Mr. Dodson and Mr. Bruening are controlled by Mr. Karlie and have made false accusations against him, which he has denied. However, there is no evidence to support this allegation. In balance, I find Mr. Dodson and Mr. Bruening to be more credible than Mr. Nunley. Likewise, in my assessment, the other City staff, Ms. Arruda and Mr. Fagundes were credible witnesses. II. THE COMPLAINTS The complaints regarding Mr. Nunley fit within the following three categories: • Behavior.alleged to have created a hostile work environment. 18 • Threats. • Private Citizen or City Council Member Each of the categories will be discussed below. A. Behavior Alleged to Have Created a Hostile Work Environment The following are examples of some of the events which form the basis for the allegation that Mr. Nunley's behavior has created a hostile work environment. I have used these examples because, according to Mr. Dodson, the way Mr. Nunley treated himself and Mr. Bruening on the two occasions discussed below is consistent with the type of treatment he received from Mr. Nunley prior to October 31, 2018, but perhaps not as severe as what allegedly occurred on December 13,2018. 1. October 31, 2018 By way of background, the gas piping for Mr. Nunley's home, according to Mr. Dodson, is unusual. In most cases the gas line from the gas supplier (e.g., SoCal Edison or PG&E) comes from the gas line in the street up to the side of the house where a 18 The allegations do not include any assertion that the alleged hostile work environment was based on any protected class. Instead, the witnesses assert that Mr. Nunley attempted to bully and/or intimidate them because it is just the way he is. Some also allege that this behavior is an attempt to obtain favoritism because of his status as a City Council member. COT/JA000018 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 19 meter is attached. The gas line to the meter is done by PG&E and is not inspected by the City. However, the gas line leaving the meter and going into the home must be inspected, including being subjected to a pressure test. Mr. Dodson reported that the gas meter at Mr. Nunley's home is a short distance from the street. Therefore, the gas line from the meter to the actual home is subject to inspection by the City and must comply with the building code requirements. According to Mr. Dodson, the building code requires' that the gas line be pressure tested. Furthermore; if there are valves in the gas line, there are other requirements that may need to be met. 19 Mr. Dodson also reported that after the gas line leaves the meter at Mr. Nunley's home, it branches off to create a few separate gas -lines that will ultimately enter the home in different locations. 20 Between October 15,2018 and December 13, 2018, Mr. Dodson inspected/re-inspected the gas lines and left correction notices for issues Mr. Nunley needed to fix in order to get approval for his gas lines. 21 According to Mr. Bruening, at some point he and Mr. Dodson noticed that the corrections that still needed to be done consisted of at least two things. First, on a prior visit, Mr. Dodson had noticed that the where the gas lines enter the home there was no tracer wire. Therefore, Mr. Dodson required Mr. Nunley to pot hole the area where those three lines come out of the ground so that he could confirm that there was a tracer wire in place for each line. 22 The second correction required Mr. Nunley to provide new calculations demonstrating that the supply line he installed from the meter to his home was large enough to meet the gas needs for all the appliances and other uses of natural gas in the home. 23 Mr. Dodson and Mr. Bruening24 reported that on October 31,2018, they 19 See, the fourth paragraph of Exhibit 9. 20 Mr. Dodson reported that the lines that actually penetrated the walls of the home had been capped and had not yet been connected to the lines from the gas meter. 21 See, Exhibit 14. 22 See, the correction notice dated October 31, 2018 on page 2 of Exhibit 14. 23 See, the correction notice dated November 6, 2018 on page 1 of Exhibit 14. 24 Because of disputes between Mr. Nunley and building inspectors about what was said and done during inspections, Mr. Karlie had begun assigning two inspectors to every inspection of Mr. Nunley's projects. COT/JA000019 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page20 went to Mr. Nunley's home to conduct an inspection of the gas lines. However, the tracer wire was not exposed, and they asked him why he had not dug pot holes and exposed the wire so they could complete their inspection. According to Mr. Dodson, Mr. Nunley asked why he must be inspected multiple times when the gas pipeline had previously been inspected. Mr. Dodson responded that the prior inspections did not cover these gas lines. Mr. Dodson reported that they walked the gas pipeline and pointed out to Mr. Nunley where the pot holes needed to be dug. During the walk, Mr. Nunley repeatedly stated that the pipeline had already been inspected by Mr. Karlie. At one point, there was scaffolding over the area where a pot hole needed to be dug. 25 According to Mr. Dodson, when he mentioned the need to pot hole under the scaffolding, Mr. Nunley ''went off' about how he was being harassed and that he was going to sue Mr. Karlie and the City for harassment. Mr. Dodson and Mr. Bruening reported that Mr. Nunley went on about a lawsuit and questioned why he was subjected to so many inspections in comparison to a competitor, San Joaquin Homes. Mr. Dodson also reported thatMr. Nunley asked other questions, such as why it took so long to get reinspections after something is corrected. He also reported that Mr. Nunley kept coming back to the lawsuit. Mr. Bruening reported that he told Mr. Nunley that they did not want to discuss lawsuits and that all they wanted to do was their job. Mr. Nunley told them that he did not have anything against them, but that he had issues with the City and Mr. Karlie. Mr. Bruening also recalled that Mr. Nunley asked them how long they had been inspectors and accused them of doing what Mr. Karlie told them to do. According to Mr. Bruening, Mr. Nunley also questioned them about an inspection on one of his other construction projects where he claimed that the plans were thrown in the trash. In addition to the tracer wire, another correction item required Mr. Nunley to submit new calculations to prove that the addition of more living space to the home did not require an adjustment to the size of the supply line that provided gas to the home. When Mr. Nunley was asked about submitting the new calculations, he informed Mr. Dodson that he was not going to comply because the calculations were on the original set of plans submitted and approved by the City. When the addition of living space was pointed out, 26 Mr. Nunley responded that it was not living space. Because it 25 See, page 6 of Exhibit 14. 26 The plans originally called for two garages which are not considered living space. However, during construction they were not being finished like they were garages. For COT/JA000020 ' FIKE & BORANIAN . ATTORNEYS AT LAW An Association ofAttomeys Mario Zamora, Esq. March 1, 2019 Page21 was not living space, according to Mr. Nunley, it did not require heating, cooling or the recalculation of the amount of gas needed for the home. Mr. Bruening reported that Mr. Nunley makes it very stressful to do his job and he feels tightness in his chest. He also noted that no one else gives him problems like Mr. Nunley. Mr. Dodson reported that he feels that Mr; Nunley is using his power as a City Councilman to pressure him into doing things his way regardless of whether it is within the building code or not. Mr. Dodson opined that Mr. Nunley is harassing him and the City. Mr. Nunley reported that that t1rst time he was asked to pot hole the gas lines, he got upset about it. However, later he called his attorney James Wilkins who advised him to dig the pot holes and move forward. He did it the next day and called for an inspection. Mr. Nunley also claims that he was asked to dig up the gas line three times to prove that the tracer wire was there. Mr. Nunley also denied saying anything about a lawsuit or asking questions. According to Mr. Nunley, the only time he mentioned a lawsuit was on December 13, 2018, when Mr. Dodson and Mr. Bruening were at his home for a gas pressure test and Mr. Nunley accused Mr. Dodson of putting rocks in an open gas line. (See, discussion of this incident below.) However, Mr. Dodson and Mr. Bruening both reported during their interviews on November 1, 2018 that Mr. Nunley had threatened a lawsuit. Mr. Nunley admits that when he was told he needed to pot hole the gas lines, he ·got upset. According to Mr. Nunley, this was unnecessary work and delay because these gas lines had previously been inspected and approved. From this perspective, it is understandable that the request to pot hole gas lines would be frustrating to Mr. Nunley. example, neither room had garage doors. Mr. Nunley reported that one of the rooms was going to be a showroom and then later it became a gym. The other garage was turned into a family room. Mr. Dodson reported that Mr. Karlie had determined that both of the "garage" spaces were living space. COT/JA000021 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page22 In addition, as noted above, Mr. Dodson and Mr. Bruening were credible witnesses and Mr. Nunley was not. Mr. Nunley's admission that he was upset by the request to pot hole the gas lines is important. Based on his admission, and the relative credibility of the witnesses, I find that the weight of the credible evidence supports the allegation that on this occasion, Mr. Nunley went off about how he was being harassed, and that he was going to sue Mr. Karlie and the City for harassment and questioned the need for two inspectors, how long they had been building inspectors, etc. Therefore, these allegations are sustained. The issue of whether this behavior by Mr. Nunley supports the claim of harassment is beyond the scope of this investigation. 2. December 13, 2018 Another incident involving Mr. Nunley, Mr. Dodson and Mr. Bruening occurred on December 13, 2018. Mr. Nunley had called in for an inspection requesting a pressure test of the gas line that runs from his meter to his home. Mr. Dodson and Mr. Bruening went to the property to do the inspection on Wednesday, December 12, 2018. When they arrived, they found that Mr. Nunley had removed some concrete and was working to repair a leak in a gas line. According to Mr. Dodson and Mr. Bruening, Mr. Nunley accused Mr. Dodson of putting a rock into his gas line. He also told them that he had it all on video tape. Mr. Nunley told them that everything would come out in court. Mr. Dodson responded that the allegation was not true and that he was not going to listen to Mr. Nunley talk about ~'court stuff."27 Mr. Nunley stopped making such remarks. Because the inspection could not be performed that day, they all agreed to postpone the inspection until the next day. When Mr. Dodson and Mr. Bruening arrived the next day, December 13, 2018, Mr. Bruening informed Mr. Nunley that the inspection included a pressure test. Because the lines going to the home had valves installed, Mr. Bruening informed Mr. Nunley of the specific requirements regarding the testing of gas lines with values, such as removing the valves before the test can be performed. According to Mr. Bruening and Mr. Dodson, Mr. Nunley responded that he was not going to remove the valves because it was a waste of his time and his plumber's 27 According to Mr. Nunley, this was the frrst and only time he mentioned a lawsuit. COT/JA000022 PIKE & BORANIAN ATTORNEYS AT LAW An Association of Attorneys Mario Zamora, Esq. March 1, 2019 Page 23 time. He also accused them of making him jump through hoops. Mr. Bruening attempted to explain the building code requirements. This resulted, according to Mr. Bruening and Mr. Dodson, in Mr. Nunley saying, "This is bulls---. John [Karlie] is just f---ing with me and your [sic] are f---ing with him." He further stated that Mr. Karlie's "time is coming and so in the f--- is yours. You guys get the f--- off my property." Mr. Dodson reported that Mr. Nunley shook his finger in Mr. Dodson's face while making these statements. Mr. Dodson and Mr. Bruening left the property without responding to Mr. Nunley. Mr. Dodson and Mr. Bruening reported that Mr. Nunley was volatile, hostile and just exploded on them. They reported that they felt threatened by this incident. 28 Mr. Nunley reported that on one occasion when Mr. Dodson and Mr. Bruening were at his home to inspect a gas line, he jokingly accused Mr. Dodson of dropping rocks in his gas line. Mr. Nunley claims that while he has video to prove this occurred29 , he was not upset about it and was just joking with Mr. Dodson. However, according to Mr. Nunley, Mr. Dodson got upset and denied that he -dropped rocks in Mr. Nunley's gas line. Mr. Nunley reports that he responded that he had 30 cameras on site and told Mr. Dodson to not put rocks in his gas lines in the futUre. Mr. Nunley reported that during this visit, he was asked for the third time to dig up his gas supply line from the meter to his home. He refused to do so because they had previously inspected it and verified the presence of tracer wires. Regarding the alleged events of December 13, 2018, Mr. Nunley reported that Mr. Dodson and Mr. Bruening wanted him to dig up one end of the gas line because his landscaper had inadvertently put some dirt over the area where the tracer wire was located and could not be seen. However, according to Mr. Nunley they had seen the tracer wire on that end during a previous inspection. Mr. Nunley told Mr. Dodson that the building code only requires the wire to be exposed on one end. 30 According to 28 This incident is described in more details in Exhibit 9. Mr. Dodson reported that Exhibit 9 was prepared by Janice Avila, the City's Human Resources Director following a meeting Mr. Dodson, Mr. Bruening and Mr. McDonnell had with Ms. Avila. 29 Mr. Nunley refused to provide a copy of the video in connection with this investigation but stated it would be used if there were future litigation. 30 Page 9 of Exhibit 14 is what appears to be a copy of a page from the 2013 California Plumbing Code. Section 1210.1.7.2 entitled "Tracer Wire'' states, "One end shall be COT/JA000023 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 24 Mr. Nunley, this seemed to surprise Mr. Dodson and he attempted to place a phone call. He suspects that Mr. Dodson was attempting to call Mr. Karlie. Mr. Dodson was unable to reach whoever he was calling and after hanging up, began looking through a book he had. According to Mr. Nunley, Mr. Dodson got upset because Mr. Nunley had proven him to be wrong about needing both ends of the wire exposed. Mr. Nunley reports that they then went to a differentpart of the supply line and, again, they asked Mr. Nunley to dig up that part of the gas line to expose the wire. Mr. Nunley admits that being asked a fourth time to dig up the gas line caused him to lose it and he went off on Mr. Dodson and Mr. Bruening. He claims that he did not make any physical threats. He reported that he told them to get the f--- off of his property and to not come back. He also admits saying that Mr. Karlie is f---ing with him. As part of his interview, Mr. Nunley was given a copy of Exhibit 9 and given the opportunity to read it and respond. After reading Exhibit 9, Mr. Nunley stated that about one-half of what was reported is true. In addition to disputing the underlying facts as set forth above, Mr. Nunley proceeded to deny saying "Mr. Karlie's time is coming and so is yours." He acknowledged that nothing else was false in Exhibit 9. The issue in dispute here is Mr. Nunley's treatment of Mr. Dodson and Mr. Bruening, not the underlying building code compliance issues. Mr. Nunley admits most of the behavior that Mr. Dodson and Mr. Bruening complain about. With regard to the events of December 12, 2018, Mr. Nunley read Exhibit 9 and did not deny that he made the statement to them that "everything will come out in court." In addition, he admits that he went off on them due to his frustration over being repeatedly asked to dig up gas lines. Mr. Nunley reported that he told them to "get the f-- off of his property" and to "not come back." He also admits saying that Mr. Karlie is "f---ing with" him. Based on Mr. Nunley' s admissions and the relative credibility of the witnesses, I find that it is undisputed that on this occasion, Mr. Nunley made the brought aboveground at a building wall or riser." The issue of whether this is the applicable provision to which Mr. Nunley was referring is beyond the scope of this investigation. However, I noted it because the photographs that are part of Exhibit 14 show that factually the location of the potholes were adjacent to walls and/or risers. COT/JA000024 FIKE & BORANIAN ATIORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 25 statements to Mr. Dodson and Mr. Bruening as they allege. Therefore, this allegation is sustained. The issue of whether this behavior by Mr. Nunley supports the claim of harassment is beyond the scope of this investigation. 3. Mr. Karlie's Complaint Mr. Karlie reports that he feels harassed and retaliated against by Mr. Nunley for doing his job. According to Mr. Karlie, in the past, Mr. Nunley had partners or employees who were good craftsman and worked well with Mr. Karlie. 31 He describes·them as being competent and easy to work with. When he, or others, performed inspections, the building plans and inspection cards were made available. If something did not pass inspection, it would be corrected and then signed off. According to Mr. Karlie, these partners/employees are no longer around, and since then, Mr. Nunley's projects have had problems passing inspections. Mr. Karlie claims that Mr. Nunley has the mindset that if Mr. Karlie or one of his inspectors step on Mr. Nunley's property, they have inspected everything and approved everything unless there is a correction notice left. However, Mr. Karlie and Mr. Dodson both reported that inspections are requested for specific things; for example, the rough electrical, meaning the installation of wires inside the walls of a building. They are not there to look at other things and unless they expressly approve something, it is not approved. Mr. Karlie reported that when Mr. Nunley disagrees with him or his inspectors, Mr. Nunley will call or email his superiors, specifically Mr. McDonnell or, at the time, the then Interim City Manager Willard Epps, and complain about Mr. Karlie, the other inspectors and their failure to do what Mr. Nunley wanted done. 32 Mr. Karlie asserts that there is no legitimate basis for Mr. Nunley's ongoing complaints. Therefore, from Mr. Karlie' s perspective, Mr. Nunley is harassing him and his inspectors. Mr. Nunley denied the allegations that he is harassing Mr. Karlie or his inspectors. Instead, according to Mr. Nunley, Mr. Karlie and his inspectors are harassing 31 Mr. Karlie identified Victor Cervantes, Gary Goulet and Tom Olivera. 32 See, Exhibit 3 which contains several emails between Mr. Nunley, Mr. McDonnell, Mr. Epps and Mr. Zamora regarding Mr. Nunley' s questions and complaints about being harassed and/or treated differently than other developers by Mr. Karlie and his staff. COT/JA000025 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 26 him.33 Mr. Nunley did acknowledge that he has sent emails to Mr. McDonnell, Mr. Epps and Mr. Zamora regarding issues he has had with Mr. Kar1ie and his staff. According to Mr. Nunley, he began sending the emails after he called Mr. Epps and asked him to keep Mr. Karlie off of Mr. Nunley's job sites. According to Mr. Nunley, Mr. Epps told him that he could not do that. Mr. Nunley reports that after that phone call, the only time he spoke to Mr. Epps was in City Council meetings. Mr. Nunley has sent several emails expressing his displeasure with the decisions made by Mr. Karlie and his staff. 34 It should be noted, however, that Mr. Nunley has never personally attacked Mr. Karlie or his staff by email or face to face other than to claim that they have it out for him and are making him do things that do not need to be done. Furthermore, in none of the emails does Mr. Nunley assert that he is making any requests or inquires.as a member of the City Council. In fact, in his interview, Mr. Nunley asserted that he has never had any contact with any City staff member regarding his projects in the capacity of a member of the City Council. He claims, instead, that he is acting as a builder/developer and resident of the City. The mutual allegations of harassment are cyclical. Mr. Nunley calls for an inspection and during the inspection something happens that Mr. Nunley disagrees with, such as being required to provide new calculations for the gas pipe sizing. 35 According to Mr. Nunley, there is no need to do this because the gas pipe to his home is the correct size. Therefore, he claims that he is being harassed. From Mr. Karlie and his building inspectors' perspective, they are not asking Mr. Nunley to do anything other than comply with the building code. In the example above, the reason for the request for new calculations is that the size of the home has expanded since it was originally approved and there are new and different appliances that were not part of the original calculations. Therefore, Mr. Karlie and his inspectors view themselves as just trying to do their jobs. The issue of who is correct regarding corrections, changes and building code requirements is beyond the scope of this investigation. 33 See, Exhibit 3 for emails from Mr. Nunley making this allegation. 34 See, Exhibit 3. 35 See, page 1 of Exhibit 14. COT/JA000026 PIKE & BORANIAN ATTORNEYS AT LAW An Association of Attorneys Mario Zamora, Esq. March 1, 2019 Page27 Mr. Karlie' s allegation that Mr. Nunley has gone above his head and contacted Mr. McDonnell and Mr. Epps is supported by Exhibit 3 and Mr. Nunley's admission that he has done so. Therefore, this allegation is sustained. The issue of whether this behavior by Mr. Nunley supports the claim of harassment is beyond the scope of this investigation. 4. Questioning of Truthfulness Ms. Thomson, the City Finance Director, and Ms. Brown, an Administrative Assistant for the planning and building departments, both reported incidents in which Mr. Nunley has asked them questions, yet treated their responses as if they were not telling him the truth. 36 Specifically, according to them, he has asked them if they are telling him the truth, asked "are you sure," or " you're not lying to me?" Ms. Brown reports that other developers do not question her in this manner. She believes that this behavior is retaliatory for Mr. Nunley not getting his way on something. Ms. Brown reported that on one occasion, Mr. Nunley questioned her regarding how she determined who owned real property. According to Ms. Brown, as she walked up to the counter to answer his question, Mr. Nunley stated that there was no need to be afraid of him as he was not going to bite her. He also assured her that he was not mad at her. Ms. Brown also noted that Mr. Nunley has not verbally attacked her, but she is concerned about what he may say behind her back. Regarding Ms. Thompson, her contact with Mr. Nunley has been in his role as a member of the City Council. According to Ms. Thompson, Mr. Nunley questioned her during budget meetings about some tasks she was asked to do by the City Manager. She felt he was being rude, condescending and accusing her (impliedly) of not telling the truth. She reported that this behavior continued until she provided Mr. Nunley with a spreadsheet with the information for which he was asking. N'.rr. Nunley denied treating Ms. Brown in this manner and claimed that he did not recall questioning Ms. Thomson during a budget meeting. He also denied making the comment about not biting Ms. Brown. 36 Ms. Brown' s complaint is attached as page 4 of Exhibit 1. COT/JA000027 FIKE & BORANIAN ATTORNEYS AT LA W An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 28 'Mr. Nunley reported that the only time he accused a City staff member of lying was an incident involving Ms. Myers and,.he claims, he did that in private with the . then City Attorney Heather Phillips. He also reported that, in one public meeting, he said that Mr. Karlie had lied to him but did not provide any specifics. In connection with these allegations, it is not alleged that Mr. Nunley raised his voice, yelled or threatened anyone. Nevertheless, I find that the weight of the credible evidence supports the allegations that, at times, Mr. Nunley has asked City staff if they are tellinghim the truth, asked staff"are you sure" and similar questions. As Mr. Nunley pointed out, he has not accused these City employees of actually lying. However, his questions do imply or suggest that they are not telling him the truth. ·These employees report that they viewed Mr. Nunley's questions as being rude, condescending and intimidating. They made credible witnesses. Based on the foregoing, including the relative credibility of Mr. Nunley compared to the City staff, I find that the weight of the credible evidence supports the allegation that, at times, Mr. Nunley has asked City staff if they are telling him the truth, asked staff "are you sure" and similar questions. In addition, I find that the weight of the credible evidence supports the conclusion that Ms. Thompson and Ms. Brown viewed Mr. Nunley's questioning as being rude, condescending and intimidating. Therefore, these allegations are sustained. The issue of whether this behavior by Mr. Nunley supports the claim of harassment is beyond the scope of this investigation. 5. Traci Myers Ms. Myers submitted a memorandum dated September 14,2018 chronicling '1he events in the past where I have felt intimidated, bullied, harassed and/or threatened by Greg Nunley, both as a developer and as a council member . . .." 37 In addition, Ms. Myers submitted several documents in support of her allegations. 38 Some of Ms. Myers' allegations are discussed below. 37 See, pages 8-15 of Exhibit 1. 38 See, Exhibit 4. COT/JA000028 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page29 (a) Mr. Nunley Wants to Fire You Ms. Myers reported that on April26, 2017, she met with then City Manager Joe Carlini and Director of Human Resources Janice Avila regarding an email she sent to front-counter staff about professionalism. Ms. Myers reports that Mr. Carlini and Ms. Avila told her that there was nothing wrong with her email. However, she was also told that Mr. Nunley was upset by the email because he believed that she was attempting to establish new policy on behalf of the City Council. According to Ms. Myers, during this meeting Mr. Carlini told her ''you know Greg Nunley wants you fired." Mr. Nunley denied asking Mr. Carlini to fire Ms. Myers on this occasion. He further denied asking Mr. Carlini to fire anyone. Mr. Nunley stated that he thinks Mr. Carlini is the biggest liar ever. In support of Mr. Nunley's assertion that Mr. Carlini is a liar, Mr. Wilkins provide me with Exhibit 11. This exhibit consists of two pages from the deposition transcript of Mr. McDonnell. Specifically, in this deposition excerpt, Mr. Wilkins asked Mr. McDonnell "Did you ever reach the conclusion based on any experience you ever had with him that he was in any way dishonest or untruthful?" In response, Mr. McDonnell responded, "Yes." Mr. McDonnell went on to testify that he has heard others "express the view that they found Mr. Carlini to be dishonest or untrustful or untruthful" but he could not recall who had expressed such opinions. Mr. Carlini reported that Mr. Nunley never told him specifically to fire anyone. However, he also reported that Mr. Nunley made statements to him such as, "if they worked for me, they would be fired," and "I do not underStand why they are still working here given how incompetent they are." As part of this investigation, Mr. McDonnell was asked about this portion of his deposition testimony. He confirmed that it was accurate and true. However, he also stated that when Mr. Carlini told him, on more than one occasion, that Mr. Nunley wanted Ms. Myers fired he believed that Mr. Carlini was telling him the truth; A review of Mr. McDonnell's deposition revealed that he testified that Mr. Carlini discussed with him Mr. Nunley's desire to have Ms. Myers terminated on at least three occasions. Mr. McDonnell testified that on one of those occasions, Mr. Carlini told him that Mr. Nunley said that if Ms. Myers and another employee named Tony Trevino were not frred, Mr. Nunley would make sure that Mr. McDonnell and Mr. Carlini were terminated. He also testified that he discussed Mr. Nunley's directive to frre COT/JA000029 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 30 Ms. Myers with Ms. Avila and the two of them met with Mr. Carlini to tell him that Mr. McDonnell was not going to fire Ms. Myers. 39 Mr. McDonnell also testified that Mr. Nunley complained to him regarding Ms. Myers' job performance and competency, but that Mr. Nunley never directly asked Mr. McDonnell to fue her. . In Mr. Carlini's deposition, he testified that Mr. Nunley told him, in reference to Ms. Myers, "You need to get rid of her." He also testified that Mr. Nunley said something like, "You do them, or I do you," which Mr. Carlini understood to mean that if he did not terminate the employees Mr. Nunley wanted fired, including Ms. Myers, that Mr. Nunley would fire him. 40 Mr. Carlini was not interviewed as part of this investigation. However, his deposition was taken under oath. Mr. McDonnell testified that he and some other City employees were of the opinion that Mr. Carlini was not always honest or truthful. However, he also reported as part of this investigation that he believed Mr. Carlini to be telling the truth on tltis matter. It is also noteworthy that Mr. McDonnell shared his concerns about Mr. Carlini's directive with Ms. Avila and they met with Mr. Carlini to inform him that Ms. Myers was not going to be fired. This is significant because it supports Mr. McDonnell's report that when Mr. Carlini told him that Mr. Nunley wanted Ms. Myers fired, he believed Mr. Carlini was telling him the truth. Mr. Carlini's deposition testimony reports that Mr. Nunley told him, "You need to get rid of her." I fmd this to be credible. It is consistent with Mr. McDonnell's report that Mr. Carlini told him in 2017 that Mr: Nunley wanted Ms. Myers fired. In addition, it is consistent with Mr. Nunley's complaints to Mr. McDonnell that Ms. Myers was not competent and not performing her job well. It should also be noted that no one has offered an explanation as to why Mr. Carlini would fabricate the claim that Mr. Nunley wanted Ms. Myers fired. There is 39 Exhibit 15 contains the excerpt from Mr. McDonnell's deposition from which this information was taken. 40 Exhibit 16 contains the excerpts from Mr. Carlini's deposition from which this information is taken. COT/JA000030 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 31 no evidence that Mr. Carlini had any issues with Ms. Myers' job performance or had any animus or reason to want her fired. It is significant to note that Mr. Epps also reported that, while he was serving as the City Manager, Mr. Nunley told him that Mr. Karlie, Mr. McDonnell, Mr. Dodson, Mr. Bruening and Fire Inspector Ryan Leonardo all needed to be fired because they did not know what they were doing. Mr. Epps reported that Mr. Nunley has said things like, "they do not know what they are doing," and ''they do not deserve to be working for the City and should be ftred." Mr. Epps was asked if these statements were opinion or directive from Mr. Nunley. Mr. Epps responded that the way they were presented to him, he understood them to be directives. Mr. Epps' experience is consistent with Mr. Carlini's report to Mr. McDonnell and Ms. Myers that Mr. Nunley told him to get rid of Ms. Myers. Mr. Nunley denies ever asking or directing Mr. Epps or anyone else to flre a City employee. In addition, Mr. Nunley reported that in his 20 years as a private employer, he has only fired two employees and both of those times it was because of theft. In my assessment, the weight of the credible evidence, including the relative credibility of the witnesses, supports the allegation that on April26, 2018 Ms. Myers was told by Mr. Carlini that Mr. Nunley wanted her ftred. In addition, the weight of the credible evidence supports the conclusion that at some point prior to this meeting, Mr. Nunley told Mr. Carlini, "You need to get rid of her. " 41 Therefore, Ms. Myers' allegation is sustained. B. Threats Mr. Karlie, Mr. Dodson, Mr. Bruening, Ms. Myers-and Mr. Epps report being or feeling threatened by Mr. Nunley. Each of their complaints are set forth below. 41 The statement "You need to get rid of her" can be read as a directive or opinion depending upon the context and/or how it is said. Based on Mr. Carlini's communications with Ms. Myers and Mr. McDonnell it is clear that Mr. Carlini understood this statement to be a directive. Likewise, Mr. Epps reported that Mr. Nunley's comments to him about firing employees was presented to him as a directive. COT/JA000031 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 32 Before discussing these reports, it should be noted that no one reported any physical contact with Mr. Nunley, except Mr. Bruening. Mr. Bruening reported that while at an inspection of Mr. Nunley's home, Mr. Nunley asked why two inspectors were sent to inspect his projects. Mr. Nunley further commented, while touching Mr. Bruening's shoulder and laughing, "It's not like I am going to kill you."42 Otherwise, there have been no threats of physical violence from Mr. Nunley. 1. John Karlie As discussed above, sometime in the tall of2018, Mr. Nunley filed a complaint against Mr. Karlie with the City police department. This resulted in two detectives showing up at City Hall to interview Mr. Karlie in connection with Mr. Nunley's allegations. · Mr. Karlie reports that he felt threatened by the police interviewing him at work regarding the allegations made by Mr. Nunley. Mr. Nunley refused to discuss the complaint he made to the police department. The complaint may be a way for Mr. Nunley to threaten and/or harass Mr. Karlie. However, if Mr. Nunley had a valid basis for filing the complaint or believed in good faith that he had a valid basis for doing so, it may be a legitimate complaint. In any event, the merits of the complaint and the ultimate determination of that issue are beyond the scope of this report. It should be noted that there is no evidence that Mr. Nunley directed the police to interview Mr. Karlie or to interview him at work. Instead, common sense indicates that interviewing suspects is a normal part of the process followed by police officers when investigating a complaint. Based on the forgoing, I fmd that there is insufficient evidence to support Mr. Karlie's allegation that Mr. Nunley unjustly threatened him by filing the criminal complaint. 2. Mr. Dodson and Mr. Bruening Exhibit 9 states that Mr. Dodson and .Wrr. Bruening both reported that they felt threatened by the events at Mr. Nunley's home on December 13, 2018. As I understand it, the specific action that caused them to feel threatened was Mr. Nunley' s statement, "John' s time is coming and so in the f--- is yours .. .." On prior inspections, Mr. Nunley had mentioned things like "everything will come out in court," in connection 42 Mr. Nunley denies both making this statement and touching Mr. Bruening. COT/JA000032 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 33 with Mr. Nunley's assertion that Mr. Dodson put a rock in his gas pipe, as well as suing Mr. Karlie and the City for harassment. When Mr. Nunley made these comments, both Mr. Dodson and/or Mr. Bruening objected and told Mr. Nunley that they were not there to talk about lawsuits and did not want to hear about it. Mr. Dodson reported that Mr. Nunley's threats have caused him to fear for his job and his ability to provide for his family. Mr. Nunley has specifically denied making the statement that "John' s time is coming and so in the f--- is yours .... " However, he does acknowledge that, on this occasion, he was upset and used the "f' word, including telling Mr. Dodson and Mr. Bruening to "get the f--- off of my property." In addition, as discussed above, when given the opportunity to review Exhibit 9, Mr. Nunley did not deny saying that· everything would come out in court. Based on Mr. Nunley's admission that he was upset, that he used the "f' word, as well as his implied admission that he said "everything would come out in court," his multiple allegations that he was being harassed, the allegation that Mr. Dodson placed rocks into a gas pipeline and the relative credibility of the witnesses, I find that the weight of the credible evidence supports the allegation that on December 13, 2018, Mr. Nunley told Mr. Dodson and Mr. Bruening, "John's time is coming and so in the f--is yours ...." I further fmd that Mr. Dodson and Mr. Bruening reasonably understood this to be a threat, that Mr. Nunley was going to sue them in an attempt to have them fired. Based on the forgoing, the allegation that Mr. Dodson and Mr. Bruening were threatened is sustained. However, it must be noted that the threat was that of a lawsuit seeking to have tliem fired. It was not a threat of physical violence. 3. Threat to Ms. Myers M:s. Myers reports that in 2015, oe:fore Mr. Nunley was elected to the City Council, there was a hearing of the City's Board of Public Utilities that included an issue involving one of Mr. Nunley's projects. Ms. Myers reported that the Board rejected Mr. Nunley's request. After the·hearing, as Mr. Nunley was leaving the building, Ms. Myers told him to let her know if there was anything further, she could assist him with. Ms. Myers alleges that in response Mr. Nunley stated, "You know what Traci? I drive half-a-million dollar trucks and fly in million dollar planes and I'm going to run for COT/JA000033 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 34 City Council. And if I win, you'd better watch your back." She reports that this statement shocked, surprised and scared her. She also claims that she had no idea what she had done to receive such a comment from Mr. Nunley. Mr. Nunley had a different version of the incident. Mr. Nunley denied Ms. Myers' allegations. According to Mr. Nunley, as he left the meeting, Ms. Myers made a "smart ass" comment about his project not being approved. In response, he turned around and told her, "I am tired of being treated likes--- and I am thinking about running for City Council." Mr. Nunley claims that nothing else was said. As discussed above, after Mr. Nunley was elected to the City Council, he complained about Ms. Myers' job performance and competency and, according to Mr. Carlini, directed him to fire Ms. Myers. It should also be noted that Mr. McDonnell reported that in his professional assessment as her supervisor, while Ms. Myers is not perfect, she does a good job and there are no legitimate grounds to fire her. These facts, in my assessment are consistent with and support Ms. Myers' allegation that Mr. Nunley told Ms. Myers that she had better watch her back. In my opinion, given Mr. Nunley's statements regarding Ms. Myers and the relative credibility of the witnesses, I find that the weight of the credible evidence supports Ms. Myers' allegation that Mr. Nunley told her that she had better watch her back. Therefore, this allegation is sustained. 4. Willard Epps Mr. Epps, by way of background, was a career firefighter with the City beginning in 1984. He rose through the ranks and in 2011 was appointed as Fire Chief. In March 2018, he was appointed as the Interim City Manager. According to Mr. Epps, in a phone call, Mr. Nunley stated that Mr. Karlie and Mr. McDonnell should be fired. Mr. Nunley further stated that if Mr. Epps did not fire them "you may just find yourself back at the fire department; you could be fired too." Mr. Epps reported that he responded, "If that is what you wouid like to do, go ahead." Mr. Nunley admits talking to Mr. Epps, complaining about Mr. Karlie and asking Mr. Epps to keep Mr. Karlie off of his job sites. In response, according to Mr. Nunley, Mr. Epps said that he could not do that. Mr. Nunley claims that he responded, "Good luck being the City Manager for a short period of time." Mr. Nunley reported that his comment was in reference to the fact that everyone knew that Mr. Epps COT/JA000034 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 35 was retiring in December 2018. 43 Mr. Nunley also commented that, from his perspective, Mr. Epps was letting people run all over him. Mr. Epps did report that, in a separate conversation, Mr. Nunley had asked him to not have Mr. Karlie inspect his projects. According to Mr. Epps, he reminded Mr. Nunley that he had said that he wanted equal treatment with other developers and, therefore, Mr. Epps could not allow Mr. Nunley to pick and choose which inspectors he would get. It was Mr. Epps' recollection that this discussion occurred in approximately September. Mr. McDonnell reported that after Mr. Epps' conversation with Mr. Nunley, Mr. Epps met with him and Mr. Karlie. In that conversation, Mr. Epps reported that Mr: Nunley wanted them fired and that Mr; Epps told Mr. Nunley that that was not going to happen. This, according to Mr. McDonnell, resulted in Mr. Nunley telling Mr. Epps, "Good luck being the short-term City Manager." According to Mr. McDonnell, this conversation was in late June/early July 2018. Given Mr. McDonnell's account of Mr. Epps' report of Mr. Nunley saying "good luck being a short-term City Manager" and Mr. Nunley's report that he said, 1 ' Good luck being the City Manager for a short period of time," I fmd that the weight of the evidence does not support Mr. Epps' recollection that Mr. Nunley told him that he could fmd himself back at the fire department. Accordingly, this allegation is not sustained. However, I also find that the evidence does support the·conclusion that Mr. Ntmley did tell Mr. Epps "Good luck being the City Manager for a short period of time." Mr. Nunley characterized this comment as wishing Mr. Epps good luck during the short time before his retirement. The context of this statement, according to Mr. Nunley, was Mr. Epps' refusal of Mr. Nunley's request to keep Mr. Karlie off of Mr. Nunley's job sites. According to Mr. Epps, the context was Mr. Epps' refusal to fire Mr. Karlie and Mr. McDonnell. In either event, it was not pleasant news for Mr. Nunley. Therefore, wishing Mr. Epps "good luck", in my opinion, was intended as a threat that Mr. Nunley 43 According to news reports on the internet and Mr. Nunley, Mr. Epps did in fact retire in December 2018. COT/JA000035 FIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 36 was going to make Mr. Epps' job as the City Manager more difficult until his retirement or seek to have him replaced as the City Manager. I find that the weight of the credible evidence supports the conclusion that Mr. Nunley told Mr. Epps, "Good luck being the City Manager for a short period of time." I also fmd that, under the circumstances in which the statement was made, as reported by Mr. Nunley, Mr. McDonnell and Mr. Epps, it would be reasonable to conclude that Mr. Nunley's statement should be understood as an attempt to intimidate and/or threaten Mr. Epps. Therefore, the allegation that Mr. Epps was threatened by Mr. Nunley is sustained. C. Private Citizen or City Council Member Some witnesses reported that they are of the opinion and allege that Mr. Nunley's behavior toward them is an attempt to obtain favoritism because of his role as a member of the City Council. However, nobody reported any requests by Mr. Nunley for favoritism or any mention by him to them that he is a member of the City Council. Furthermore, the evidence supports the conclusion that Mr. Nunley has engaged in this type of behavior long before he was on the City Council. For example, Mr. Koczanowicz's March 27, 2014letter44 and the threat to Ms. Myers in 2015. Furthermore, Ms. Myers' complaint45 references the same type of issues with Mr. Nunley going back to 2013. Mr. Nunley reported that he views all of his interactions with building department employees to be in his role as a developer/builder and not as a member of the City Council. However, Mr. Epps reported that he told Mr. Nunley that if he a had an issue as a City Councilman, he should come to Mr. Epps but that if he had an issue as a developer/builder he should contact the City staff. City staff point to the fact that Mr. Nunley copies Mr. Epps and Mr. Zamora on a lot of the emails,46 and they further claim that no other developer does this when they have any issue. Employees also claim that when other developers have 44 See, Exhibit 8. 45 See, Exhibit 1. 46 See, Exhibits 2 and 3. COT/JA000036 PIKE & BORANIAN ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 37 issues with City staff, those developers do not notify the City Manager or the City Attorney. This all may be true. However, it is clear that Mr. Nunley is not like the other developers. He is an assertive, aggressive person who has a high opinion of his own thoughts and viewpoints. He is not one to sit around and wait or accept what others have to say at face value. This trait is reflected in his interactions with Ms. Thompson and Ms. Brown, discussed above. In my opinion, the line between anyone serving on a City Council and their professional interactions with City staff is very fine. While some members of City staff perceive and are of the opinion that in their interactions with Mr. Nunley, he has been acting in his capacity as a City Council member, I find that there is insufficient evidence to support this allegation. Therefore, this allegation is not sustained. III. CONCLUSION Mr. Nunley's admission that he was upset by the request to pot hole the gas lines is important. Based on this admission and the relative credibility of the witnesses, I fmd that the weight of the credible evidence supports the allegation that, on this occasion, Mr. Nunley went off about how he was being harassed and that he was going to sue Mr. Karlie and the City for harassment as well as questioning the need for two inspectors and how long they had been building inspectors, etc. Therefore, these allegations are sustained. Based on Mr. Nunley's admissions and the relative credibility of the witnesses, I fmd that it is undisputed that Mr. Nunley made the statements to Mr. Dodson and Mr. Bruening that they allege. Therefore, this allegation is sustained. Mr. Karlie's allegation that Mr. Nunley has gone above his head and contacted Mr. McDonnell and Mr. Epps is supported by Exhibit 3 and Mr. Nunley's admission that he has done so. Therefore, this allegation is sustained. Based on the foregoing, inciuding the relative credibility of Mr. Nunley compared to the City staff, I find that the weight of the credible evidence supports the allegation that, at times, Mr. Nunley has asked City staff if they are telling him the truth, asked "are you sure" and similar questions. In addition, I fmd that the weight of the credible evidence supports the conclusion that Ms. Thompson and Ms. Brown viewed COT/JA000037 FIKE & BORANIAN -· ATTORNEYS AT LAW An Association ofAttorneys Mario Zamora, Esq. March 1, 2019 Page 38 Mr. Nunley's questioning as being rude, condescending and intimidating. Therefore, these allegations are sustained. In my assessment, the weight of the credible evidence, including the relative credibility of the witnesses, supports the allegation that on April 26, 2018, Ms. Myers was told by Mr. Carlini that Mr. Nunley wanted her frred. In addition, the weight of the credible evidence supports the conclusion that, at some point prior to this meeting, Mr. Nunley told Mr. Carlini, "You need to get rid of her." Therefore, Ms. Myers' allegation is sustained. Based on the forgoing, I find that there is insufficient evidence to support Mr. Karlie's allegation that Mr. Nunley unjustly threatened him by filing the criminal complaint. Based on Mr. Nunley's admission that he was upset, that he used the "f' word, as well as his implied admission that he said "everything would come out in court," his multiple allegations that he was being harassed, the allegation that Mr. Dodson placed rocks into a gas pipeline and the relative credibility of the witnesses, I find that the weightof the credible evidence supports the allegation that on December 13, 2018, Mr. Nunley told Mr. Dodson and Mr. Bruening, "John's time is coming and so in the f--is yours .... " I further fmd that Mr. Dodson and Mr. Bruening reasonably understood this to be a threat, that Mr. Nunley was going to sue them in an attempt to have them fired. Based on the forgoing, the allegation that Mr. Dodson and Mr. Bruening were threatened is sustained. However, it must be noted that the threat was that of a lawsuit seeking to have them fired. It was not a threat of physical violence. In my opinion, given Mr. Nunley's statements regarding Ms. Myers and the relative credibility of the witnesses, I find that the weight of the credible evidence supports Ms. Myers' allegation that Mr. Nunley told her that she had better watch her back. Therefore, this allegation is sustained. I fmd that the weight of the credible evidence supports the conclusion that Mr. Nunley told Mr. Epps "Good luck being the City Manager for a short period of time." I also find that under the circumstances in which the statement was made, as reported by Mr. Nunley, Mr. McDonnell and Mr. Epps, it would be reasonable to conclude that Mr. Nunley's statement should be understood as an attempt to intimidate COT/JA000038 FIKE & BORANIAN ATTORNEYS AT LAW An Association of Attorneys Mario Zamora, Esq. March 1, 2019 Page 39 and/or tlrreaten Mr. Epps. Therefore, the allegation that Mr. Epps was threatened by Mr. Nunley is sustained. In my opinion, the line between anyone serving on a City Council and their professional interactions with City staff is very fine. While some members of City staff perceive and are of the opinion that in their interactions with Mr. Nunley, he has been acting in his capacity as a City Council member, I find that there is insufficient evidence to support this allegation. Therefore, this allegation is not sustained. The issue of whether Mr. Nunley' s behavior, which has been sustained above, supports the claim of harassment, bullying, rude behavior, etc. is beyond the scope of this investigation. The opinions and conclusions expressed above are based solely upon my evaluation of the evidence I obtained during my investigation. I hope this report will be of assistance to you. If I can be of any further assistance, or if you have any questions, please let me know. Attachments COT/JA000039 EXHIBHT 1 Josh McDQnneU From: Sent: To: .subject: Tyler Dodson Tuesday, September 25, 2018 5:10 PM Josh McDonnell; John Karlie; Ttad Myers; Mario U. Zamora Greg Nunely .. Good Afternoon Josh, I have $Qiiie ooncerns that I wouldliketo expres$with yqu regarding our city councilman ·GREG NUNLEY and Great VaU~v Builder's.. And in doing so my hope is that the concerns do not genaken lightly. 1have been doing Building Inspection's at Greg's projects for approximately 2 months; Within these two months I have seen first hand how his business is being conducted and how demeanor is a reflection ofhow his projects are being executed. I go multiple times and give the same corrections, each time I go the corrections are never completed. I write the corrections on a consistent level across the board with an contractors and home owners. He receives no special treatment in or against his favor. He.ask Questions such as can he getthe permit signed or approved, why does his projects take so tong and many other statements he's made. Him being a <:ity q>uncilman, a builder, in correlation with all the negative comments he's made against the city and the process ofthe Building Department while on site ttas made feel uncomfortable. In my opinion this· is a direct resLJit of him using his power of being a city counciimanto pressure me into doingthings his way regardless if it is within the code or the law for that matter. I will not participate in doing it his way. If there was anything that I can ask of, I would-ask that he not be present While doing an inspection at his projects. Tyler Dodson Building Inspector 1 Office: (559}684-4221 1 COT/JA000041 Janice Avila From: Sent: To: Subject: JohnKarlie Tuesday, S~p~ember25, 2018 5:01PM Josh McDonnell; Janice Avila; Traci Myers; Mario U. Zamora harassment free workplace · ·· · I feel we have a rightto a harassmentfree workplace. This Is.to notify you that itis harder and harder each day to come deal with C()Ur'lcilman James Greg Nllnley. He cc;;ntlnues to call Josh almost every de~Y and complain ab()ut me .and other inspectors, He has threaten to sue the inspectors and me~ .• He has said he would get a new City Manager to clean house. This dates baC:k to around 2011 when Mr. Nunley had a petition circulating around town to have me fired because I sent his pooriy drawn plans out to a con.tract firm for plan check. The contract firm sent them b_ack and said they were so Incomplete the could not do a plan chec~. 'IJle only w~v I could survive was to.perform the plan check In the field and be his onsite constant inspector. l felt like twas his superintendent. I would deal mostly with his sub,.. contractors who would always comply. When he was partners with Victor Cervantes, Inspections went smooth. Now he has no qualified per$onnel and many different syb~contractors whl.ch causes his Inspection$ to be very time cpnsllming because of their incompetence. ·He uses his position as councilmao to bully his way~ If he was nota.councilman l would not be so worried. None..of the insp-ectors want to do his Inspections for fear of losing their job. When will this stop? tr;> work and John Karlie Chief Building Official City of Tulare 1 COT/JA000042 From: se.-t: To: Cc: .subject: · AttachmentS: Josh McDonnell Wednesday, September 26, 2018 1:23 PM Janice Avila; Mario U. Zamora Wiflard Epps Communication from Lucie Brown regarding Greg Nunley 313~00l .pdf I was ata. me~ting yesterday afternoon-1 lucie Brown spoke withTrad Myers about concerns she has regarding Mr. Nunley~ Tracl asked lucie to put her concerns in writing; the result was the attached communication. Here concerns are twofold: While 1. Lucie's fed up with all the PRA requests thatMr, Nunley is submitting. 2. Lucie is scared ofMr. Nunley- she feels like he is constantly on the edge of blowing up at herwhimeverhe speaks with her on the phone or at the C01Jnter. I briefly met with her prior to receiving the communication, and her concerns really sMrned to boi l down to her. contention that Mr. Nunley is mean to her. As we've discussed, J'm not sur:e what (if anything) can be done about these concerns. Just wanted to pass this along. Thanks, Josh COT/JA000043 I would ike to ,address the _current fssu!! that I am having producing limitless C()ples even duplicate and triplicate copies ofrecords for c1,1r ~itv Council Member Mi'. Nunley.. lfeelllke eve,.Y day that 1come ln.t.o work I am faced with another PRAto produce·the exact same thing we have already produced several time~. I feel overwhelmed at times trying to keep up with his requests and stjll manage to do mv day to day work. Several years back when Rob Hunt and Traci Myers were In charge of the Department I ~nt to lunch with one of his employees during that lunch I mentioned that. Mr. Nunley had em;;~iled Rob and Tracl over the weekend at 11:00 PM with some off the wall idea for a prO'ject I asked her' if he was serlous abo-ut that particular project and her resp"nse was... "Greg just does that to get them all worked upn It's thJs ~lnd of comment that leads me to believe that Mr. Nunley is only J:»ombardii1B.us with PAA requests simply fOr his entertainment. f have noticed on all his PRA requests.that they are only directed at one particular subdivision/developer. He asks for correction lists, Inspection cards and permit applications. If be truly believed we were tr(!atlnghlm differently than other developers why is he only asking for lists, cards and applications for one subdivision/developer? Wny not other developers? All this ieads me to believe Council Member Nunley has a personal vendetta against JJR Service Manag~ment (Jim Robinson) and .we (the City) Is caught in the middle. I also feel sick to my stomach every time Mr. Nunley comes into City Hall because he has asked me questions overt he counter and each time I get nervous and fear that he is going to verbally attack me.ln · someway. So much so that he evensatd lfdon't worry .f am not going to bite you •. I am not mad at voun. He has called and asked me questions over the phone and when I give hlm the answers he asks me Hare you sure ... are you positive" as If lam giving him Incorrect Information. WhY aU the PRA requests?? No Qther developer/contractor does these tvpes ofthings. I hav~ worked here 11 plus years and never has any developer/contractor questioned the Information I gave them or made me feelthewavMr. Nunley does • .1don't know whqt if anything an be done about'thls; l just felt the n~edto . bring it to yourattentlon. 1 believe we are entitled to a work place-that Is free from harassrnentand 1feel that Mr; Nunley's ~equests are bordering on a fonn ofharassment. . .·. ~...·--Y:-r--~~r-" ~e-c..e,ve:tl f'il:DM Loe-16 gJZOwl'l ol/ \ ""'\_'\;..,. . .. M ~~{ ' ·. . ··· ·· ~·\~. ~ ·. •··· . . •. . 7!i~ . 'f/u/tB J / ' .,...-' . .. ;,~· . . ·--+~~,ri-r ~--· · ·. COT/JA000044 . .Josh McDonnell . From: Sent: To: Gvlandco Tuesday, Septem~er25,201811:42AM Josh McDonnell Cc: Mario U. Zamora; Willard Epps; lucy@swiffhomesinc.com; kent.mcniece@gmail.com Subject: City harassment Josh, Forthe r ecord John Karlie has denied to do a courtesy inspectlon at cottonwood, John allowed 3 times as many homes and all courtesy inspections at willow glen. This is not consistent w ith how he ha$ treated another builder compared to our company. John continues to damage, harass, and intentional hurt my company and the citY manager Is aware arid Josh you are aware John continues to be allowed to do this to my company, me' pers.o.nally and my staff. Around August2 I met with Willard and yoiJ Josh . I told you many cases what John KC!rlie nas done and management has not only allowed for this to continue but to become outrageously worse than ever. I personally hold the city responsible for de.trimentaJdamage John l Friday, September 14, 201810:31 AM JaniCe Avila Fwd: CONFIDENTIAL PERSONNEL DOCUMENT Miinecast Attachment Protection Instructions; Memo to by Nunley 091418.pdf M Zamora re hostile work env MimecastAttachment Protection has deemed this file to be safe, butalways exercise cautionwhen opening files. Mario U. Zamora .zamorf.J.@srisyvroldlasalle.coro. Griswold,LaSalle,.Cobb, Oowd& Gin, LLP 111 E .. Seventh Street Hanford, CA 93230 T: (559) 584~6656 X 109 F: (800) 948-6085 --,--------Forwarded message ---·-----From; Traci Myers ~1afe:.ca.JQY~ Date: Fri; Sep 14,2018atH):29AM .... . ·. · Subject: CONFIDENTIAL PERSONNEL DOCUMENT To: 11 Mario U.Zamoralt ~mnomtiB&t.lwaldlas.alle.com> Cc: Kris Pedersen Good• morning Mario; Per our discussion on September 11, 2018, attached please find a memo outlining the clu:onology of events that have caused me to.feel harassed, bullied and/or threated by GregNwiley. Thank you for your time.. Traci Traci fv.tyets CommunitY & Economic Development Deputy Dlrector 1 COT/JA000046 City of Tulare 559. 6844230 commumfY & Economic OeveJopmenfOepartment ··· MEMORANDUM Zamora, Interim· City Attorney· To: Nlario From: TraciMyers, Community & Economic. Development Deputy Director Date: September 14, 2018 Re: Possible Hostile Work Environment& Harassment by Greg Nunley As a follow up to our meeting on September 11, 2018, lam writing this memo to chronicle the events in the past where I have felt intimated, bullied, harassed and/or threatened by Greg Nunley, both as a developer and as a council member, in my capacity as a City of Tulare employee. 2013 Prior to becoming a Council member, Greg Nunley had frequent communications with City Hall staff as a developer.. My first interactions with Nunley was in approximately 2013 when I was appointed the Interim Community Development Deputy Director; I was asked by then City Memager, Don Dorman, to aetas the City's Ornbudsman ol'l projects that were submitted by Nunley. At that time, Nunley was having conflict with other staff members who preferred not to work with Nunley directly. In my capacity, I attempted to work with Nunley oh moving his projects througt'l the process an(f resolve any potentials issues before they escalated. Many times during meetings, Nunley would threaten to sue the City or get his attorney involved lf herdld not like wt'lat staff was requiring· of bis developments. .CQmmunications with Nunley< became progressively more difficult because. if he did not like what he was being told by me, he would become angry and go above my head to my Director or City Manager to complain in an attempt .to get a different answer. 2014 In March of 2014, prior City Attorney. Martin Koczanowicz stepped in and wrote a letter toNunley demanding he cease and desistfrom talking directly tQ staff and to correspond only in writing and with the. City Manager.. This letter was a result of Nunley threatening. staff and telling them to 11 90 fuckJhemselves" and for calling me"a stupid female." · · In 2015, following a. Board of Public Utilities meeting arwhich Nunley did· riot receive a favorable outcome on one of his .projects, I walked out of the building at the sarne time as Nunley and told Cfty of Tulare 411 E. Kem Avenue, Tulare CA93274 COT/JA000048 him to iet me know if.th~re was anything ~rther lcould do to help. Nunley's response to me was,."You know what Traci.? l.drive•half-a-million-dollartrucks and fly in milliOn dollar planes and J'mgoingtorun fotCity CounciL ·And if I win,you'd •better watch·your back.~ I was .shocked, surprised and scared; I didn't knowhowto respond . I diet not know what .I had .done to receive such a response. From thErtime period of approximately March, 2014 through June 30, 2017, the Planning Department contracted with.pl"ivate pJann.lng firms to asslstwith processing projects and customer ~en/Ice requ13sts.. The need for these contracts stemmed from the drastic downsizing of the planning department. Rob Hunt was appointed as Community Development Director. · My CQntact with Nunley was limited because he was dealing directly with Rob Hunt and/or our contraCt planne~. However, I am informed and be.liave that during this time period, Nunley rnCicJe rema~~ ~.~out me being •dumb", "a moron~ and ''incompetent". However, Nunley soon began to scrutinize theJirstcontractplanning firm working on his projects (4Creeks- March, 2014-June, 2016) so staffwas forced to. contract with a second firm (Provost & Pritchard.,.. April, 2016-June; 2011:). That firm quickly fell out of NunleY's good-graces so at the direction offortner City Manager Joe Carlini, the City contracted with a third planning firm (OK- June, 20H- approx. December, 2017). ft should be noted that Nunley l.ISed his position to lrifluence the City Manager into retaining the Council member's own consulting firm to process his projects through the City but at the City's cost. Nunley was elected to City .Council in NQ.Vtmber 2016. Joe Carlini was appointed interim City Manager on January 31, 2017 and later went on to become the full-time City Manager effective June 26, 2017. · ·· · .ip ~~;817; . Council approved a reorganization of the Community Devetopment Department to aad back to the department an Associate Planner, Principal Plann$r and to hire.a Community & Economic OeveloprnentDiri:tctor. Our Associate Planner began work on June 28i 2017. Community and Economic Development Director started on August 77 2017 arid a Principal Planner on September 18, 2017. · ·· · !e!D 28,'.201-7: .I had a meeting with .Joe Carlini and Janice Avila regarding a memo I wrote to front-counter staff about professionalism in the work place. Nunley received a copy of the memo and became very irate because he beli.eved I was trying to.estabUsh new policy on behalf of CounciL Upon receiptofthe e-maili Nunley came directly into City Hall, went straight upstairs to Joe Car1ini and demanded that I be fired. This 'Was confirmed to me by Joe Carlini. During the 4126/17 meeting,.pothJoe and Janice told me they saw "nothing wrong" with the memo. During thi.s, meetlnj·Joe Carlini said to mec uyou know G:!mJ-Nunley wants vo..u fired., .. --~- -- § --" - . -- - " • -- -. - --- d£ - ---- - ~lso on Aprii 28, 2017, Joe CarHni told Rob Hunt.(my.supervisor at the time) "Tracl really tucked up on this one. 'They' ,Probably won1 even consider her for the position {Director]~ especially Greg Nun[ey;" Additionally,;Jatilce Avila told Rob Hunt, "this rnemo really blewher chances for 'them' to look at her for ttie position. I'm gonna tell you Rob, Greg Nunley will never consider hiling her." I was not aw;:~re. that Council had directinput or influence on the hiring of a Director. Becal.!.~e ofthese comments,, I ·chose not to apply forttie Director position even though I was very qUalified for the position anc.f had been performing very similar duties in my position as the 'Deputy Director for 3 years :priOr. I was frightened and •soared that if I applied ·f or the City of Tulare 411 E. KemAvtinue, Tulare CA 93274 COT/JA000049 position, I woultfbe scrutliiiZecf, harassed a,d bullied by Nunley making my ability to perform my job even .more dlfflcurt. · .-dpfirU1Z= ':- CQliOC:H meeting .~f8/1117 . C:ouncn .m.emberNyr11ey ~rc~ived that I "?ls berng dr$honest wrthmy representatrons to Council on c;onversahons I had ln the past with representatives of the Housing and Community Development'Department (HCD) as it related to City's Housing Element and r&-zone program. · · · I was told Councit mernber Nunley felt twas not taking the matter(not ®mpleting the rezone program) "seriously." It was relayed to me through texts from the CityAttomey. Heather Phillips, Council member Nunley "Is definitely not happy that nothing is in writing .. when I asked if the Council.mem~rwas accusing me of lying to COunciUn a.p(Jb#c fo/Um . .Sne further stated, "I'm dealing with it. Trying to be Attorney and tJlecJiator at the sam~ time. It will be ok. Let me get him through the housing element CfJncems and then we wt11 deatwith everything 9/Se: Sorry you are going.through ite' I feel it isimportanttor me to note, with respect toJhe 811 City Council meeting andth.e housing element discussion, my response to Council during the CounCil comment period Was based upon the following: · · ·· · · During the Council comment period, tnere was some hostile exchange between Council member Nunley and Council member Maqedo wltnes$ed by staff as it related to h~w Council member Nunley poses questions to s1aff. • Thereafter, Council member Nunley.stated something to effect of, "okay Traci why don't you come up and explain the housing element~. ·· · • I felt sing Jed out by the pointed questioos in a public fo 11.1m in front of my peers and the .public during a non-businessrelated Council comment section, about why Tulare Housing Element was "out of compliance• .. , was nervous and a bit confused because I had yet to see any ofrtcialletter from HCD declaring Tulare's Housing Element "out of compliance." • The dialogue regarding tne allegations I "lied• to Council continued for the du~tion of at least a ~. Joe Carlini insisted I foflow up with the HCD repre$entatlve and our housing element consultantin an.attemptto.get -Nunley •off my back11• · ,AugM't:I,"R17: 9:22am I received a call from David Macedo. He asked how I was holding up in reference to the 8/1117 meeting. He apologized for Nunley's conduct He Informed me he has had calls into the City Attorney since the 6i1l1.7 meeting because he.believes Nunley's action of discussing staffissuesln a public foi'Um are "lliegal." }iusttait!fr20~t City Manager; Joe Carlini call'\e into my Office questioning me about Whether I ''allowed Oc:i'ri. O<>nnan. and RobHunt.to·remain.on.a State~generated ecOnomic development distribution list He further stated 1hatNunley W&$ "up$e.~· because Oon Dorman and Rob Hunt Y.rere still on the list. I explained to Joe thatthe list is maintained by the State OffiCf:l of Economic Development and I did not dlrectJy supply them with names. J~ :was- cl$arly ~gltateid and directed meto "immediatelY" contact the Stet& $nd have those two names removed. Joe reminded me th.at Nunley is trying .to find a rea$Oii to fire me and wanted to make su~ t didn'tdo anything further to upset him. (Nunley) ·· · · City of Tulare 411 E; Kem Avenue, Tulare CA 93274 COT/JA000050 091Q!W11fi:UJJ: Office conference with JoeCarliniand Josh McDonn~ll re:, Consolidated Annual Perfohiian~ Evaluation Report (CAPER) going to Council for approval. I was in charge of the program so I prepared the staff report for my stgnature. Joe Ca.rlllii directed.me to change the staff report ~o Josh's signature. t.told Jf)e that this is my program and Jdo nofhave a· · · · probl$tn.with having my name on theueport or presenting the item. Joe replied that he was trying to protect me from public questioning by Nunley stating, "Traci, do you really want to be put in that position?" To which I replied, "ltis my job." · · oetOM 11\ 20~ .~ Re<;elved •my employee ovai!Jation.for the tirne period. of 8/8116-8/8/17 from Josh McDonnell. My rating io "Ability to Communicate" went from receiving "meets job standatd" to "needs improvement." This ranking was solely based upon Nunley's allegation I lied to him and City Council atthe A~Jgust 151 meeting. A.nd the assertion by Nunley I was "flipparif In how. I reapondedto him. l felt it necessary to document my opposition to the.evaluation. My r~buttal is attached for your information, !(ovember:8{201.Z: 8:26pm 1reeeiVed a can from co.uncil member: Jones telling me there was a rumor going around that I was telling people about the new city manager. I told him I've told no one because I didn't know anything about a new city manager. Jones advised me to kaE!,p quiet and let things play out. .He sald Joe is going to be "cleaning house• and he doesn't want me to be one; .He said he and Nunley talked abouhvho they w~n.t to "save'' and I was Jones' pick and Joshwas Nunley's pick. · .J¥tf!uart!&a2011! 5:30pm Received call fromVMCastellano%~ She wanted to tell me I have more support than.I probably realize and everyday it's something "new~ With my department. When I asked why I needed support she said because Nunley is trying to get rid of me. ~!Ma/1·711Q,8: J was tol.d by Josh McDonnell that Nunley told .Joe Carlini to either fire me or Joe would be fired . Nunley fll\k$d .Joe if the Mayor (Jones)told Joe that I was "protected". Nunley said, •No one is protected" and wanted me fired. I asked Joe directly aboutthe comments and he confirmed. ,4ply :j~~ 2tl1~: Approx 4:00pm .J.ohn Karlie came into my office to notify me he .had·red4agged ,a home·in the Bella Oaks subdivision that Nunley is working on. John further stated Nunley was very irate and wanted to s~ak to CM Epps. lam informed that after Nunley spoke with .Epps he .was even more irate because Epps would not do what Nunley wanted him to do (override the red tag and fire John) Nunley is heard to have said to Epps you better watoh ifbecause you Wilt be back in Fire. He is heard to 'have said he wanted to fire Mr: Epps and bring in b Mata as CM. .~!dt~b,:ii1§: Phone .c allwithVM Castellanoz. She is very worri~dNunl~y will get his way and be able to hire Darlene Mata for the CM position. Said that she and Macedo are trying to stop it. She wants try and getRob Hunt in as CM l)efore Mata. Sald Nunley wants D Mata bee~use he wants to put Community Development under th& CM's office and get ·rid of Josh and contract out the engineering department. ··· · to :lu.aYJtt6.·i2§1l: ~osh met with Kent Menieee and Nunley in the community rool'rJ. Nunley' still believes··&faff flfout to get him. After tl'1e meeting when Josh and 1talked, Josh.told me that one of hi$ fii'St tasks when he•was hired as the Director, was to"invesfigate'' whettler I lied to City Council regarding the ·n ousing elementissues. Josh stated he foUnd nothing to 'Indicate Iliad, City of Tulare 41.1 E Ksm Avenue; Tulate CA 93274 COT/JA000051 \6.Ud!8l'·1Z. Jfi:B:, Josh fl$t _out told me that when Joe·Carlini w~s still- the City Manager, Joe told Josh to flod a reason to fire me because of Nunley. Josh said he, Janice and Joe sat in a room When this was said and Josh told Joe that he couldn't find any reason to fire .me. That, .i nfact, 1 was doing a greatjob. Janl_ c etoldJoethato,Q..COUidn'tdo that; >couldn't fire a staff member for unsubstantlateMembar the points we discussed and to continue to represent the departm~nt in a positive, prOfessional manner~ · · · · Community DrtVfllopmfMtDt~partment Planning & ~:Department 411 E. Kem Avenue, TtJIMJ CA ~3274 COT/JA000055 EXHEBIT 2 6 John Karlie From: Sent: To: Greg Nunley Thursday, July 26, 2018 8:13 AM John Karlie; Josh McDonnell John I need to know on walk gates on apartments if I can have locking hardware on both sides of walk gates. Need your interpretation of the code on this. Sent from my iPhone 1 COT/JA000057 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Friday, July 27, 2018 6:51 PM John Karlie Josh McDonnell Re: Expired Temporary Certificates of Occupancy We will call these in this week Sent from my iPhone On Jul 27,2018, at 4:37PM, John Karlie wrote: Greg, The following Temporary Certificates of Occupancy have expired, please complete all corrections and call for inspection. 1450 E. Prosperity 1905 Hillman See attachment. John Karlie Chief Building Official City of Tulare <2303_ OOI.pd:f> 1 COT/JA000058 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, August 08, 2018 12:24 PM John Karlie josh McDonnell; Traci Myers; Michael Miller; kent.mcniece@gmail.com; lucy@swifthomesinc.com Re: Expired permit applications John, We have tried to pick up this permits and every one of this you have sent have the wrong owner information. We have these along with cottonwood in which you can't seem to understand who the owner is. I believe it is you job to run metro scan. Once you get the corrected owner we will be happy to pick these up. As for lot 4 at blackstone you told me and two of my staff members we could proceed while the lot lone is being completed which it has been submitted. You also gave courtesy inspections and issued a foundation only to proceed, Knowingly the lot lone adjustment had to be completed. Why now all the sudden the ultimatum? The city has held us up from picking up our permits therefore we demand you fix your errors and let us proceed with our projects. Or is it the business of the city to make sure the incorrect information is on permits and expect folks to sign these? Thanks! Greg Sent from my iPhone On Aug 8, 2018, at 10:26 AM, John Karlie wrote: Greg, Please submit a written request with justifiable cause for extensions of attached expired permit applications, as the Orosco Group did for Starbucks. E-mail will suffice. John Karlie Chief Building Official City of Tulare <2390-00 l.pdf> 1 COT/JA000059 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, August 13, 2018 11:55 AM John Karlie Josh McDonnell; Traci My~rs; Michael Miller Re: Dif Fees No I never asked you or talked about this. But ok not sure why this matters now. Sent from my iPhone On Aug 13, 2018, at 11:32 AM, John Karlie wrote: Greg, At one time you asked me if the "Building Code had anything in it about dif fees". My reply was no, upon further research I found this. See attachment. The dif fees are an ordinance . <2456_001.pdf.> 1 COT/JA000060 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, August 15, 2018 12:09 PM John Karlie Josh McDonnell; Traci Myers; Michaei Miiier Re: 1450 and 1462 Prosperity First I heard of this. Will get it taken care of. What do you mean wrong water meter. That was installed at beginning of construction Sent from my iPhone On Aug 15, 2018, at 11:19 AM, John Karlie wrote: Greg, You have the wrong water meter in 1450 Prosperity and no water meter in 1462 Prosperity. Please install the water meters ASAP John Karlie Chief Building Official City of Tulare 1 COT/JA000061 John Karlie Greg Nunley Wednesday, August 15, 2018 1:52 PM John Karlie Josh McDonneii; Traci Myers; Michaei Miller Re: 1450 and 1462 Prosperity From: Sent: To: Cc: Subject: When we pulled the permit and installed the one radio reads were not required. The one required was installed and will stay in. Going forward we will install the radio reads. In fact my office went to public works and they wasn' t even sure what Meyers to use as only a few months ago. Sent from my iPhone On Aug 15, 2018, at 12:25 PM, John Karlie wrote: Not a radio read. From : Greg Nunley (mailto:greg@swifthomesinc.com] Sent: Wednesday, August 15, 2018 12:09 PM To: John Karlie C:c: Josh McDonnell ; Traci Myers ; Michael Miller Subject: Re: 1450 and 1462 Prosperity First I heard of this. Will get it taken care of. What do you mean wrong wate r meter. That was installed at beginning of construction Sent from my iPhone On Aug 15, 2018, at 11:19 AM, John Karlie wrote: Greg, You have the wrong water meter in 1450 Prosperity and no water meter in 1462 Prosperity. Please install the water meters ASAP. John Karlie Chief Building Official City of Tulare 1 COT/JA000062 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Thursday, August 16, 2018 8:50 AM John Karlie Josh McDonnell; Traci Myers; Michaei Milier; Wiiiard Epps; Gregory Weirick; Timothy Ramirez; lucy@swifthomesinc.com; kent.mcniece@gmail.com; ishkhanb@aol.com; david@tularesalesyard.com Re: 1450 Prosperity John maybe when you come out to do a final inspection with (Steve was there) and say you don't have time to do a inspection we can actually get a final. So go ahead and turn it over to code enforcement. The owner is now on this chain as well as the Mayor. Sent from my iPhone On Aug 16, 2018, at 8:03AM, John Karlie wrote: Greg, As you know the Temporary Certificate of Occupancy for Unique Orthodontics expired on 07/16/2018. If all corrections are not completed and approved by 08/23/2018 we will turn it over to Code enforcement to secure it. See attachment. John Karlie Chief Building Official City of Tulare <2494_00l.pdf> 1 COT/JA000063 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Thursday, August 16, 2018 10:08 AM John Karlie Josh McDonnell; Traci Myers; Michael Miiier; Wiiiard Epps; Gregory Weirick; Timothy Ramirez; lucy@swifthomesinc.com; kent.mcniece@gma il.com; ishkhanb@aol.com; david@tularesalesyard.com Re: 1450 Prosperity You mean these 1 COT/JA000064 Sent from my iPhone On Aug 16, 2018, at 9:08AM, John Karlie wrote: Greg, Maybe if you look up at the roof, you will see it is not complete. Also look out in the parking lot, where are the lights? John From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Thursday, August 16, 2018 8:50AM To: John Karlie Cc: Josh McDonnell ; Traci Myers ; Michael Miller ; Willard Epps ; Gregory Weirick ; Timothy Ramirez ; lucy@swifthomesinc.com; kent.mcniece@gmail.com; ishkhanb@aol.com; david@tularesalesyard.com Subject: Re: 1450 Prosperity John maybe when you come out to do a final inspection with (Steve was there) and say you don't have time to do a inspection we can actually get a final. So go ahead and turn it over to code enforcement. The owner is now on this chain as well as the Mayor. Sent from my iPhone On Aug 16, 2018, at 8:03AM, John Karlie wrote: Greg, As you know the Temporary Certificate of Occupancy for Unique Orthodontics expired on 07/16/2018. If all corrections are not completed and approved by 08/23/2018 we will turn it over to Code enforcement to secure it. See attachment. John Karlie Chief Building Official City of Tulare <2494- 001. pdf> 3 COT/JA000066 John Karlie From: Sent: To: C:c: Subject: Greg Nunley Thursday, August 16, 2018 3:01 PM John Karlie Josh McDonneli; Traci Myers; Willard Epps Re: lot 19 Bella Oaks Actually trying to pick up the permit not just foundation only. Sent from my iPhone On Aug 16, 2018, at 12:11 PM, John Karlie wrote: When do you plan on picking up foundation only permit for lot 19 at Bella Oaks that is already poured? John Karlie Chief Building Official City of Tulare 1 COT/JA000067 John Karlie From: Sent: To: Cc: Greg Nunley Thursday, August 16, 2018 4:32 PM John Karlie Josh McDonnell; Willard Epps; Traci Myers; Michaei Miller; ishkhanb@aoi.com; kent.mcniece@gmail.com; lucy@swifthomesinc.com John, Remember Kings academy is a Tl with its own permit number and the shell was not called in which has its own permit number. Only the permit for Kings academy which has a set of plans YOU signed. The items you are referring are NOT part of Kings permit. Therefore your holding them up. Sent from my iPhone 1 COT/JA000068 John Karlie From: Se nt: To: Cc: Subject: Greg Nunley Monday, August 20, 2018 5:14 PM John Karlie j osh ivkDonneli; Traci Myers; Willard Epps; iucy@swifthomesinc.com; kent.mcniece@gmail.com Re: Lot 19 Bella Oaks John can you tell me who else is required to get a foundation only on residential. Seems SJVH got 15 courtesy's on residential. They could not have built 15 homes under model policy. Sent from my iPhone On Aug 16, 2018, at 12:11 PM, John Karlie wrote: When do you plan on picking up foundation only permit fo r lot 19 at Bella Oaks that is already poured? John Karlie Chief Building Official City of Tulare COT/JA000069 John Karlie From : Sent: To: Cc: Subject: Greg Nunley Thursday, August 23, 2018 5:08 PM John Karlie lucy@swifthomesinc.com; Kent McNiece Re: Oak Creek 2 Plan Check Thanks John please copy Trampas at Tram pas@ swifthomesinc.co m Sent from my iPhone On Aug 23, 2018, at 3 :45PM, John Karlie wrote: Oak Creek 2 Building Plan check. See attachment <2573 _ OO l .pdf> 1 COT/JA000070 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, September 24, 2018 9:53 AM John Karlie trampas@swifthomesinc.com; josh McDonnell Re: 2590 Diamante Ct. No they have not. The garage has only a swamp cooler. It is a showroom for motorcycles. I will revise the plan to show the garage doors removed with a few windows and a double door to allow the bikes to be rolled in. Not sure what your talking about on other garage. Funny you been there over 50 times and now this pops up all the sudden Sent from my iPhone On Sep 24, 2018, at 9:30AM, John Karlie wrote: Greg, It has come to our attention that the two garages have been converted to living space . Also the square footage for build ing permit number BLD-14-03630 is not correct, the hallway is not included. The bowling alley is not included also. Please submit plans fo r the changes. John Karlie Chief Bu ilding Official City of Tulare 1 COT/JA000071 John Karlie From: Greg Nunley Monday, September 24, 2018 11:03 AM John Karlie trampas@swifthomesinc.com; josh McDonnell Re: 2590 Diamante Ct. Sent: To: Cc: Subject: John is a swamp cooler in a garage/room conditioned. You signed off all framing and Lathe and everything else and said this was not a problem before to remove the door and add the double door and windows. It's under the same beam. This will be a workout room not with AC. What you want me to call on plans. As for the other garage I see now we are changing that to conditioned space. Along with you can see the bowling alley as being called on your plans future part of next permit. We will put a name "bowling alley" on this. What else do you want to get done? The late garage/Shop is finaled, the Rv garage is finaled, the space in Shop/garage is finaled and bell tower is finaled. There is 5 open permits on this house correct? Sent from my iPhone On Sep 24, 2018, at 10:13 AM, John Karlie wrote: We have until final for code compliance. From: Greg Nunley [mailto:greg@swifthomesinc.com ] Sent: Monday, September 24, 2018 9:53 AM To: John Karlie Cc: trampas@swifthomesinc.com; Josh McDonnell Subject: Re: 2590 Diamante Ct. No they have not. The garage has only a swamp cooler. It is a showroom for motorcycles. I will revise the plan to show the garage doors removed with a few windows and a double door to allow the bikes to be rolled in. Not sure what your talking about on other garage. Funny you been there over 50 times and now this pops up all the sudden Sent from my iPhone On Sep 24, 2018, at 9:30AM, John Karlie wrote: Greg, It has come to our attention that the two garages have been converted to living space. Also the square footage for building permit number BLD-14-03630 is not correct, the hallway is not included. The bowling alley is not included also. Please submit plans for the changes. John Karlie Chief Building Official City of Tulare 1 COT/JA000072 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 03, 2018 9:40AM John Karlie iucy@swifthomesinc.com; trampas@swifthomesinc.com; Josh McDonnell; Mario U. Zamora; Willard Epps Re: 2590 Diamante John there is a strong back joist at bearing point. This is normal on hip roof cut and stack. For the insulation you know I have insulated the roof deck and will also the ceiling. Besides the fact for title 24 you know I have over a r-50 in my walls. At insulation inspection you can verify what you want. You know this. As of now there is no reason not to give me a nailing inspection on roof and shear other than you just holding me up intentionally. I now will have rain coming in as it is suppose to rain tonite for this holdup. Thanks! Sent from my iPhone On Oct 3, 2018, at 9:16AM, John Karlie wrote : See attachment <3074-00 l.pdf> 1 COT/JA000074 John Karlie To: Greg Nunley Thursday, October 18, 2018 11:03 AM John Karlie; Willard Epps Subject: Attachments: Mimecast Attachment Protection Instructions; K5096837.279l.pdf; ATTOOOOl.txt From: Sent: K5096837.279l.PDF Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Here are the truss calcs I submitted Please use these 1 COT/JA000075 John Karlie From: Sent: To: Cc: Greg Nunley Thursday, October 18, 2018 9:08PM John Karlie iucy@swifthomesinc.com; i Friday, October 19, 2018 9:50 AM John Karlie Willard Epps; Mario U. Zamora; iOn Oct 19, 2018, at 8:55AM, John Karlie wrote: > >Which Bella Oaks? > >----Original Message- > From : Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Thursday, October 18, 2018 9:08PM >To: John Karlie > Cc: lucy@swifthomesinc.com; kent.mcniece@gma il.com; Willard Epps >Subject: > >John to be clear as discussed we can put back the 100amp electrical panels on bella Oaks on each unit. Right? > > Sent from my iPhone > > 1 COT/JA000077 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 10:41 AM John Karlie lucy@swifthomesinc.com; Mario u. Zamora; Willard Epps Re: 2590 Diamante, well I guess when the city issued the permit we were suppose to use a straw to suck after out of the approved well??? After a year and you being there over 100 times now you want to say something. Like the gas line trench you stepped over several times and almost fell in once in front of Luis, me, tom, victor, and Shane . The same gas line you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote: It has come to our att ention that your well was installed without an electrical permit, nor was it inspected. Please obt ain an elect rical permit and call for inspect ion. John Karlie Chief Building Officia l City of Tulare 1 COT/JA000078 John Karlie From: Sent: To: Cc~ Subject: Greg Nunley Monday, October 22, 2018 10:42 AM John Karlie Willard Epps; Mario U. Zamora Re: RE: I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. Sent from my iPhone > On Oct 19, 2018, at 8:55AM, John Karlie wrote: > >Which Bella Oaks? > >-----Original Message----> From : Greg Nunley [mailto :greg@swifthomesinc.com] > Sent: Thursday, October 18, 2018 9:08 PM >To: John Karlie > Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps >Subject: > > John to be clear as discussed we can put back the 100amp electrica l panels on bella Oaks on each un it . Right? > > Sent from my iPhone > > 1 COT/JA000079 John Karlie From: Sent: To: Cc: Subjed: Greg Nunley Monday, October 22, 2018 10:43 AM John Karlie lucy@swifthomesinc.com; trampas@swifthomesinc.com; Ninia Conde; Lucie Brown; Mario U. Zamora; Willard Epps Re: 2433 Diamante Have you signed the truss calcs or did you lose again? Sent from my iPhone On Oct 18, 2018, at 8 :03AM, John Karlie wrote: Still do not have correct truss calc revision. You submitted plans and engineering we do not need . Please submit the correct revision. John Ka rlie Chief Building official City of Tulare 1 COT/JA000080 John Karlie From; Greg Nunley Monday, October 22, 2018 12:24 PM John Karlie lucy@swifthomesinc.com; Mario U. Zamora; Willard Epps Re: 2590 Diamante, well Sent; To: Cc: Subject: Where have you ever signed a exterior gas line and where do you sign on a permit card . There is no line. Maybe fix permit card Sent from my iPhone On Oct 22, 2018, at 12:06 PM, John Karlie wrote: Never signed exterior gas line. Rough gas is the building gas line. From: Greg Nunley [mailto:greg@swifthomesinc.coml Sent: Monday, October 22, 2018 10:41 AM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps Subject: Re: 2590 Diamante, well I guess when the city issued th e perm it we were suppose to use a straw to suck after out of the approved well??? After a year and you being there over 100 times now you want to say something. Like the gas line trench you st epped over several times and almost fell in once in front of luis, me, tom, victor, and Shane. The same gas line you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote: It has come to our attention that your well was installed without an electr ical permit, nor was it inspected. Please obtain an electrical permit and call for inspection. John Karlie Chief Building Official City of Tulare 1 COT/JA000081 John Karlie From: Sent: To: Cc~ Subject: Greg Nunley Monday, October 22, 2018 12:25 PM John Karlie Willard Epps; Mario U. Zamora Re: RE: RE: So I can do 2 100 amp Panels? Sent from my iPhone >On Oct 22, 2018, at 12:05 PM, John Karlie wrote: > >Same answer you were told about a year ago . > >-----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Monday, October 22, 2018 10:42 AM >To: John Karlie > Cc: Willard Epps ; Mario U. Zamora >Subject: Re: RE: > > I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me l can place the 100 amp per unit like you said we could . > >Sent from my iPhone > »On Oct 19, 2018, at 8:55AM, John Karlie wrote: >> »Which Bella Oaks? >> »-----Original Message----» From: Greg Nunley [mailto :greg@swifthomesinc.com] »Sent: Thursday, October 18, 2018 9:08 PM »To: John Karlie » Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps »Subject: >> »John to be clear as discussed we can put back the 100amp electrical panels on bella Oaks on each unit. Right? >> » Sent from my iPhone >> >> > > 1 COT/JA000082 John Karlie From: Greg Nunley Monday, October 22, 2018 12:44 PM John Karlie iucy@swiftnomesinc.com; Mario U. Zamora; Wiliard Epps; josh McDonneli [SUSPIOOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well Sent: To: Ce: Subject: **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.•• I don' t have a generator. And no I didn't. Sent from my iPhone On Oct 22, 2018, at 12:40 PM, John Karlie wrote: Get a permit for the electrical. Provide min. 36" clearance in front of electrical panel , your tree is in the way. You never requested an inspection, If you remember correctly the first time I noticed the underground gas line it was covered up and I asked where the tracer wire was and you said it was buried. You even admitted in front of Steve Hammond an I that I never saw the underground gas to your generator. From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 10:41 AM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps Subject: Re: 2590 Diamante, well I guess when the city issued the permit we were suppose to use a straw to suck after out of the approved well??? After a year and you being there over 100 times now you want to say something. Like the gas line trench you stepped over several times and almost fell in once in front of Luis, me, tom, victor, and Shane. The same gas line you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote: It has come to our attention that your well was installed without an electrical permit, nor was it inspected. Please obtain an electrical permit and call for inspection. John Karlie Chief Building Official City of Tulare 1 COT/JA000083 John Karlie From: Greg Nunley Monday, October 22, 2018 1:05 PM John Karlie lucy@swifthomesinc.com; Mario U. Zamora; Willard Epps; Josh McDonnell Re: [SUSPIOOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well Sent: To: Cc: Subject: **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.•• What photo? Have I applied for a generator permit? Sent from my iPhone On Oct 22, 2018, at 1:03PM, John Karlie wrote: What is in the photo? You told us it was for you generator. From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 12:44 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell Subject: (SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, weil **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** I don't have a generator. And no I didn't. Sent from my iPhone On Oct 22, 2018, at 12:40 PM, John Karlie wrote: Get a permit for the electrical. Provide min. 36" clearance in front of electrical panel your tree is in the way. You never requested an inspection, If you remember correctly the first time I noticed the underground gas line it was covered up and I asked where the tracer wire was and you said it was buried. You even admitted in front of Steve Hammond an I that I never saw the underground gas to your generator. From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 10:41 AM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard 1 COT/JA000084 Epps Subject: Re: 2590 Diamante, well I guess when the city issued the permit we were suppose to use a straw to suck after out of the approved well??? After a year and you being there over 100 times now you want to say something. Like the gas line trench you stepped over several times and almost fell in once in front of luis, me, tom, victor, and Shane. The same gas line you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote: It has come to our attention that your well was installed without an electrical permit, nor was it inspected. Please obtain an electrical permit and call for inspection. John Karlie Chief Building Official City of Tulare 2 COT/JA000085 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 1:08 PM John Karlie Willard Epps; Mario U. Zamora Re: RE: RE: I need a answer on this question. I can do 2 - 100 amp Panels correct John. Bella Oaks lot 8&9 ? Sent from my iPhone > On Oct 22, 2018, at 12:24 PM, Greg Nunley wrote : > >So l can do 2 100 amp Panels? > >Sent from my iPhone > » On Oct 22, 2018, at 12:05 PM, John Karlie wrote: >> >>Same answer you were told about a year ago. >> »-----Original Message----» From: Greg Nunley {mailto:greg@swifthomesinc.com] »Sent: Monday, October 22, 2018 10:42 AM »To: John Karlie » Cc: Willard Epps ; Mario U. Zamora »Subject: Re: RE: >> »I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. >> » Sent from my iPhone >> »>On Oct 19, 2018, at 8:55AM, John Karlie wrote: >>> >» Which Bella Oaks? >>> »>--Original Message----»> From: Greg Nunley [mailto:greg@swifthomesinc.com] »>Sent: Thursday, October 18, 2018 9:08 PM »>To: John Karlie »> Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps »> Subject: >>> »>John to be clear as discussed we can put back the 100amp electrical panels on bella Oaks on each unit. Right? >>> »>Sent from my iPhone >>> >>> 1 COT/JA000086 213' John Karlie From; Sent: Greg Nunley Monday, October 22, 2018 1:52 PM John Karlie lucy@swifthomesinc.com; Mario U. Zamora; Willard Epps; josh McDonnell Re: [SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well To: Cc: Subject; **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** Not for a generator. Sent from my iPhone On Oct 22,2018, at 1:50PM, John Karlie wrote: This photo From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 1:05 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell Subject: Re: [SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** What photo? Have I applied for a generator permit? Sent from my iPhone On Oct 22, 2018, at 1:03 PM, John Karlie wrote : What is in the photo? You told us it was for you generator. From: Greg Nunley [mailto:greg@swifthomesinc.comj Sent: Monday, October 22, 2018 12:44 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell Subject: (SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution."* 1 COT/JA000088 I don't have a generator. And no I didn't. Sent from my iPhone On Oct 22, 2018, at 12:40 PM, John Karlie wrote: Get a permit for the electrical. Provide min. 36" clearance in front of electrical panel, your tree is in the way. You never requested an inspection, If you remember correctly the first time I noticed the underground gas line it was covered up and I asked where the tracer wire was and you said it was buried. You even admitted in front of Steve Hammond an I that I never saw the underground gas to your generator From: Greg Nunley (mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 10:41 AM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps Subject: Re: 2590 Diamante, well I guess when the city issued the permit we were suppose to use a straw to suck after out of the approved well??? After a year and you being t here over 100 times now you want to say something. Uke the gas line t rench you st epped over several times and almost fell in once in front of l uis, me, tom, victor, and Shane. The same gas !ine you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote : It has come to our attention that your well was installed without an electrical permit, nor was it inspected. Please obtain an electrical permit and call for inspection. John Karlie Chief Building Officio~ City of Tulare 2 COT/JA000089 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 1:53 PM John Karlie Willard Epps; Mario U. Zamora Re: RE: RE: Can you answer this question please. This is holding up my job. > > I need a answer on this question. I can do 2 - 100 amp Panels correct John. Bella Oaks lot 8&9 ? > > Sent from my iPhone > »On Oct 22, 2018, at 12:24 PM, Greg Nunley wrote: >> »So I can do 2 100 amp Panels? >> » Sent from my iPhone >> >»On Oct 22, 2018, at 12:05 PM, John Karlie wrote: >>> »> Same answer you were told about a year ago. >>> >»-----Original Message--»> From: Greg Nunley [mailto:greg@swifthomesinc.com] >»Sent: Monday, October 22, 2018 10:42 AM >»To: John Karlie »> Cc: Willard Epps ; Mario U. Zamora »>Subject: Re: RE: >>> »>I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. >>> »>Sent from my iPhone >>> »»On Oct 19, 2018, at 8:55AM, John Karlie wrote: >>>> >»>Which Bella Oaks? >>>> >»>-----Original Message----»» From: Greg Nunley [mailto:greg@swifthomesinc.com] >»>Sent: Thursday, October 18, 2018 9:08 PM »»To: John Karlie » » Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps »»Subject: >>>> »»John to be clear as discussed we can put back the lOOamp electrical panels on bella Oaks on each unit. Right? >>>> »»Sent from my iPhone 1 COT/JA000090 2 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 2:05 PM John Karlie Wiiiard Epps; Mario U. Zamora; josh McDonneii Re: RE: RE: RE: We want to use 2 100 amp Panels. That gets us to 200 amps per building per code. That's right correct? Sent from my iPhone >On Oct 22, 2018, at 1:59 PM, John Karlie wrote: > >As you have done in the past, 2 100amp panels originating from a 200 amp panel > >-----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Monday, October 22, 2018 1:53 PM >To: John Karlie > Cc: Willard Epps ; Mario U. Zamora >Subject: Re: RE: RE: > > Can you answer this question please. This is holding up my job. >> »I need a answer on this question. I can do 2 -100 amp Panels correct John. Bella Oaks lot 8&9? >> » Sent from my iPhone >> »>On Oct 22, 2018, at 12:24 PM, Greg Nunley wrote: >>> »>So I can do 2 100 amp Panels? >>> >» Sent from my iPhone >>> >»>On Oct 22,2018, at 12:05 PM, John Karlie wrote: >>>> »»Same answer you were told about a year ago. >>>> »»-----Original Message----»» From: Greg Nunley [mailto:greg@swifthomesinc.com] >»>Sent: Monday, October 22, 2018 10:42 AM »»To: John Karlie »» Cc: Willard Epps ; Mario U. Zamora >»>Subject: Re: RE: >>>> »» I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. >>>> »»Sent from my iPhone 1 COT/JA000092 >>>> »>»On Oct 19, 2018, at 8:55AM, John Karlie wrote: >>>>> »»>Which Bella Oaks? >>>>> >»»---- Original Message--->»>> From: Greg Nunley [mailto:greg@swifthomesinc.com) »»>Sent: Thursday, October 18, 2018 9:08 PM >»»To: John Karlie >»» Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps »»>Subject: >>>>> »»>John to be clea r as discussed we can put back the 100amp electrical panels on bella Oaks on each unit. Right? >>>>> »»> Sent from my iPhone >>>>> >>>>> >>>> >>>> > > 2 COT/JA000093 John Karlie From: Greg Nunley Monday, October 22, 2018 2:22 PM John Karlie j.wiikins@wddlp.com Re: [SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well Sent: To: Cc: Subject: **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** -····" ... ~-·-~-------------· I didn't say that and i am done with this conversation --· ---~---~-~ Sent from my iPhone On Oct 22, 2018, at 1:53PM, John l wrote: That is what you told us What is it for? From: Greg Nunley [mailto:greg@swifthomesinc.com ] Sent: Monday, October 22, 2018 1:52 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell Subject: Re: (SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** Not for a generator. Sent from my iPhone On Oct 22, 2018, at 1:50PM, John Karlie wrote: This photo From: Greg Nunley [mailto:greg@swifthomesinc.com ] Sent: Monday, October 22, 2018 1:05 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell Subject: Re: [SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** 1 COT/JA000094 -.- What photo? Have I applied for a generator permit? Sent from my iPhone On Oct 22, 2018, at 1:03 PM, John Karlie wrote: What is in the photo? You told us it was for you generator. From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Monday, October 22, 2018 12:44 PM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps ; Josh McDonnell < jmcdonnell@tulare.ca.gov> Subject: [SUSPICIOUS EXTERNAL MESSAGE] Re: 2590 Diamante, well **This Message contains suspicious characteristics and has originated outside the City of Tulare network, exercise extreme caution.** I don't have a generator. And no 1didn't. Sent from my iPhone On Oct 22, 2018, at 12:40 PM, John Karlie wrote: Get a permit for the electrical. Provide min. 36" clearance in front of electrical panel, your tree is in the way. You never requested an inspection, If you remember correctly the first time I noticed the underground gas line it was covered up and I asked where the tracer wire was and you said it was buried. You even admitted in front of Steve Hammond an I that I never saw the underground gas to your generator. From: Greg Nunley [mailto:greg@swifthomesinc.com ] Sent: Monday, October 22, 2018 10:41 AM To: John Karlie Cc: lucy@swifthomesinc.com; Mario U. Zamora ; Willard Epps Subject: Re: 2590 Diamante, well I guess when the city issued the permit we were suppose to use a straw to suck after out of the approved well??? After a year and you being there over 100 times now you want to say something. 2 COT/JA000095 Like the gas line trench you stepped over several times and almost fell in once in front of Luis, me, tom, victor, and Shane. The same gas line you have signed three permit cards rough gas??? Sent from my iPhone On Oct 18, 2018, at 7:24AM, John Karlie wrote: It has come to our attention that your well was installed without an electrical permit, nor was it inspected. Please obtain an electrical permit and call for inspection. John Karlie Chief Building Official City of Tulare 3 COT/JA000096 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 2:44 PM John Karlie Wiiiard Epps; Mario U. Zamora Re: RE: RE: RE: RE: Show me in the code this is a fact. Completely different from what's been done in past and what you signed off on rough frame including electrical. All code required is 200 Amps. At this point I want a state building official to give there opinion. Sent from my iPhone >On Oct 22, 2018, at 2:22 PM, John Karlie wrote: > >no > > ----Original Message---> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Monday, October 22, 2018 2:05 PM >To: John Karlie > Cc: Willard Epps ; Mario U. Zamora ; Josh McDonnell > Subject: Re: RE: RE : RE : > >We want to use 2 100 amp Panels. That gets us to 200 amps per building per code. That's right correct? > >Sent from my iPhone > »On Oct 22, 2018, at 1:59PM, John Karlie wrote: >> » As you have done in the past, 2 100amp panels originating from a 200 amp panel >> » -----Original M essage----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Monday, October 22, 2018 1:53 PM »To: John Karlie » Cc: Willard Epps ; Mario U. Zamora » Subject: Re: RE: RE: >> »Can you answer this question please. This is holding up my job. >>> >» I need a answer on this question. I can do 2- 100 amp Panels correct John. Bella Oaks lot 8&9 ? >>> » > Sent from my iPhone >>> >»>On Oct 22, 2018, at 12:24 PM, Greg Nunley wrote: >>>> »»So I can do 2 100 amp Panels? 1 COT/JA000097 >>>> >»> Sent from my iPhone >>>> »>»On Oct 22, 2018, at 12:05 PM, John Karlie wrote: >>>>> >»» Same answer you were told about a year ago. >>>>> >»»-----Original Message----»>» From: Greg Nunley [mailto:greg@swifthomesinc.com] »>»Sent: Monday, October 22, 2018 10:42 AM >»» To: John Karlie »»> Cc: Willard Epps ; Mario U. Zamora >»» Subject: Re: RE: >>>>> »>»I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. >>>>> »»> Sent from my iPhone >>>>> >»>»On Oct 19,2018, at 8:55AM, John Karlie wrote: >>>>>> »»» Which Bella Oaks? >>>>>> »»»-----Original Message----»»» From: Greg Nunley [mailto:greg@swifthomesinc.com] »»»Sent: Thursday, October 18, 2018 9:08 PM >»»>To: John Karlie »>»> Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps >>»>> Subject: >>>>>> »»»John to be clear as discussed we can put back the 100amp electrical panels on bella Oaks on each unit. Right? >>>>>> >»>>>Sent from my iPhone >>>>>> >>>>>> >>>>> >>>>> >> >> > 2 COT/JA000098 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Monday, October 22, 2018 2:46 PM John Karlie Willard Epps; Mario U. Zamora; j.wilkins@wdclip.com Re: RE: RE: RE: RE: Just so we are clear your saying I cannot have 1 - 100 amp metered service per unit this making the 200 amp per building requirement ? Sent from my iPhone > On Oct 22, 2018, at 2:22 PM, John Karlie wrote: > >no > >-----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.comJ >Sent: Monday, October 22, 2018 2:05PM >To: John Karlie > Cc: Willard Epps ; Mario U. Zamora ; Josh McDonnell > Subject: Re: Rf: RE: RE: > >We want to use 2 100 amp Panels. That gets us to 200 amps per building per code. That's right correct? > >Sent from my iPhone > » On Oct 22, 2018, at 1:59 PM, John Karlie wrote: >> »As you have done in the past, 2 100amp panels originating from a 200 amp panel >> »----Original Message--» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Monday, October 22, 2018 1:53 PM »To: John Karlie » Cc: Willard Epps ; Mario U. Zamora »Subject: Re: RE: RE: >> »Can you answer this question please. This is holding up my job. >>> >» I need a answer on this question. I can do 2 - 100 amp Panels correct John. Bella Oaks lot 8&9? >>> »> Sent from my iPhone >>> »»On Oct 22, 2018, at 12:24 PM, Greg Nunley wrote: >>>> »»So 1can do 2 100 amp Panels? >>>> 1 COT/JA000099 »» Sent from my iPhone >>>> »>»On Oct 22, 2018, at 12:05 PM, John Karlie wrote: >>>>> »»>Same answer you were told about a year ago. >>>>> >>>» ·----Original Message----»»> From: Greg Nunley [mailto:greg@swifthomesinc.com] >»»Sent: Monday, October 22, 2018 10:42 AM »»>To: John Karlie »»> Cc: Willard Epps ; Mario U. Zamora »>»Subject: Re: RE: >>>>> »>» I need a answer on the panels. The 100 amp is fine correct? As of now your holding up my job again with not telling me I can place the 100 amp per unit like you said we could. >>>>> »»> Sent from my iPhone >>>>> »»» On Oct 19, 2018, at 8:55AM, John Karlie wrote: >>>>>> »»» Which Bella Oaks? >>>>>> >»»>-----Original Message---»»» From: Greg Nunley [mailto:greg@swifthomesinc.com] >>»»Sent: Thursday, October 18, 2018 9:08 PM »»»To: John Karlie »»» Cc: lucy@swifthomesinc.com; kent.mcniece@gmail.com; Willard Epps »>»>Subject: >>>>>> »»»John to be clear as discussed we can put back the lOOamp electrical panels on bella Oaks on each unit. Right? >>>>>> »»>>Sent from my iPhone >>>>>> >>>>>> >>>>> >>>>> >> >> > 2 COT/JA000100 John Karlie From: Sent: To: Cc: Attachments: Greg Nunley < greg@swifthomesinc.com> Wednesday, October 24, 2018 11:15 AM John Karlie Mario U. Zamora; Willard Epps IMG_6997 Jpg; ATIOOOOl.txt Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down dose since it's been over a year there. Tree is 4 years old also. 1 COT/JA000101 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 1:43 PM John Karlie Mario U. Zamora; Willard Epps; Josh McDonnell; j.wilkins@wdcllp.com Re: RE: It was trimmed when you looked at this a year ago. Not trimming any more. Sent from my iPhone >On Oct 24, 2018, at 1:30 PM, John Karlie wrote: > > Keep trimming up to 6'6". Still needs a permit and inspection. > > -----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 11:15 AM > To: John Karlie > Cc: Mario U. Zamora ; Willard Epps >Subject: > >Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it's been over a year there. Tree is 4 years old also. > 1 COT/JA000102 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:16 PM John Karlie Mario U. Zamora; Willard Epps; josh McDonnell; j .wiliOn Oct 24, 2018, at 2:13 PM , John Karlie wrote : > >Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment > >-----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 1:43 PM >To: John Karlie > Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j. wil kins@wdcilp.co m > Subject: Re : RE: > > It was trimmed when you looked at this a year ago. Not trimming any more. > > Sent from my iPhone > » On Oct 24, 2018, at 1:30PM, John Karlie wrote: >> » Keep trimming up to 6'6". Still needs a permit and inspection. >> »---- Original Message--» From: Greg Nunley [mailto:greg@swifthomesinc.com] » Sent: Wednesday, October 24, 2018 11:15 AM »To: John Karlie » Cc: Mario U. Zamora ; Willard Epps »Subject: >> »Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it' s been over a year there. Tree is 4 years old also. >> > > <3326_001.pdf> 1 COT/JA000103 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:28 PM John Karlie Mario U. Zamora; Willard Epps; j.wilkins@wdcilp.com; iucy@swifthomesinc.com; kent.mcniece@g ma il.com Re: RE: RE: RE: Three people heard you. last inspection we called was a braced wall, rough plumb for Monday the 15. Why was you there the 17th??? You weren't invited? Sent from my iPhone >On Oct 24, 2018, at 2:23PM, John Karlie wrote: > > Never said that. > >-----Original Message----> From : Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 2:16PM >To: John Karlie > Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j . wi lki ns@wdcll p.com >Subject: Re: RE: RE: > >We called for a rough plumb. Why did you go look at well. >This the same trip three of my subs heard you telling Steve in the rest of house what to "nail me on" > >Sent from my iPhone > »On Oct 24, 2018, at 2:13PM, John Karlie wrote: >> »Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment >> »-----Original Message----» From: Greg Nunley [mailto :greg@swifthomesinc.com] »Sent: Wednesday, October 24, 2018 1:43 PM »To: John Karlie » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com »Subject: Re: RE: >> » It was trimmed when you looked at this a year ago. Not trimming any more. >> »Sent from my iPhone » 1 COT/JA000104 »>On Oct 24, 2018, at 1:30PM, John Karlie wrote: >>> »>Keep trimming up to 6'6". Still needs a permit and inspection. >>> >»-----Original Message----»> From: Greg Nunley [mailto:greg@swifthomesinc.com) >» Sent: Wednesday, October 24,2018 11:15 AM »>To: John Karlie »> Cc: Mario U. Zamora ; Willard Epps »> Subject: >>> >»Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it's been over a year there . Tree is 4 years old also. >>> >> » <3326:._00l.pdf> > 2 COT/JA000105 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:34 PM John Karlie Mario U. Zamora; Wiliard Epps; j.wiikins@wdcllp.com; lucy@swifthomesinc.com; kent.mcniece@gmail.com Re: RE: RE: RE: WOW now on to more things that have been passed and in place for years. By the way those were submitted 2-1/2 weeks ago Will it be normal now for you to sign things off and issue permits and then make me rip things out that you say on permit I can do? I need to know so I can expect to pay more in ripping out things you do this to me on. I love how you sign off Sheetrock and then make Kent rip it out and threaten to not sign off the nailing unless he tears what you approved out. Epic! Seriously should I budget for a special line item called " Karlie mind change" on all my projects. Let me know how much I should budget for. Sent from my iPhone >On Oct 24, 2018, at 2:27PM, John Karlie wrote: > >Please obtain permits for the electrical on the well, two garage conversions, bowling alley, room and closets that second set of stairs lead to, and anything else you have done without permits. We have two permits ready for you to pick up. > >----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, Oct ober 24, 2018 2:16 PM >To: John Karlie > Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcll p.com > Subject: Re: RE: RE: > > We called for a rough plumb. Why did you go look at welL >This the same trip three of my subs heard you telling Steve in the rest of house what to "nail me on" > > Sent from my iPhone > »On Oct 24, 2018, at 2:13 PM, John Karlie wrote: >> »Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical perm it and call for inspection. See attachment >> »-----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Wednesday, October 24, 2018 1:43 PM »To: John Karlie 1 COT/JA000106 » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j. wilkins @wdcllp.com » Subject: Re: RE: >> »It was trimmed when you looked at this a year ago. Not trimming any more. >> » Sent from my iPhone >> »>On Oct 24, 2018, at 1:30 PM, John Karlie wrote: >>> >»Keep trimming up to 6'6". Still needs a permit and inspection. >>> »>-----Original Message----»> From: Greg Nunley (mailto :greg@swifthomesinc.com] >» Sent: Wednesday, October 24, 2018 11:15 AM »>To: John Karlie >» Cc: Mario U. Zamora ; Willard Epps »> Subject: >>> »>Tree is 4' like it was when you looked at it . We trimmed branches back because they grew down close since it's been over a year there . Tree is 4 years old also. >>> >> » <3326_001.pdf> > 2 COT/JA000107 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:40 PM John Karlie Mario U. Zamora; WiHard Epps; j .wifidns@wdcllp.com; iucy@swiftnomesinc.com; kent.mcniece@gmail.com Re: RE: RE: RE: RE: Why is he being asked to uncover a gas line on other side of house on a rough plumb inspection. And why did you go out of your way to walk Thru rest of house pointing things out to Steve Sent from my iPhone > On Oct 24, 2018, at 2:35 PM, John Karlie wrote: > >Just trying to help your subs out. See attachment. > > ----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] > Sent: Wednesday, October 24, 2018 2:34PM >To : John Karlie > Cc: Ma rio U. Zamora ; Willard Epps ; j.wilkins@wdcllp.eom; luey@swifthomesi nc.eom; kent. men ieee @gma il .com > Subjet:t: Re: RE: RE: RE: > >WOW now on to more things that have been passed and in place for years. >By the way those were submitted 2-1/2 weeks ago > >Will it be normal now for you to sign things off and issue permits and then make me rip things out that you say on permit l can do7 > I need to know so I can expect to pay more in ripping out things you do this to me on. > I love how you sign off Sheetrock and then make Kent rip it out and threaten to not sign off the nailing unless he tears what you approved out. Epic! >Seriously should I budget for a special line item called "Karlie mind change" on all my projects. Let me know how much I should budget for. > >Sent from my iPhone > » On Oct 24, 2018, at 2:27PM, John Karlie wrote: >> »Please obtain permits for the electrical on the well, two garage conversions, bowling alley, room and closets that second set of stairs lead to, and anything else you have done without permits. We have two permits ready for you to pick up. >> »-----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] » Sent: Wednesday, October 24, 2018 2:16PM »To: John Karlie 1 COT/JA000108 » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcll p.com »Subject: Re: RE: RE: >> »We called for a rough plumb. Why did you go look at well. »This the same trip three of my subs heard you telling Steve in the rest of house what to "nail me on" >> »Sent from my iPhone >> »>On Oct 24, 2018, at 2:13PM, John Karlie wrote: >>> »>Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment >>> >» ---Original Message---->» From: Greg Nunley [mailto:greg@swifthomesinc.com] >»Sent: Wednesday, October 24, 2018 1:43 PM »>To: John Karlie >» Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j .wilkins@wdcllp.com »>Subject: Re: RE: >>> »> lt was trimmed when you looked at this a year ago. Not trimming any more. >>> >»Sent from my iPhone >>> »»On Oct 24, 2018, at 1:30 PM, John Karlie wrote: >>>> »»Keep trimming up to 6'6". Still needs a permit and inspection. >>>> »»-----Original Message----» » From: Greg Nunley [mailto:greg@swifthomesinc.com] »»Sent: Wednesday, October 24, 2018 11:15 AM » » To: John Karlie » » Cc: Mario U. Zamora ; Willard Epps » » Subject: >>>> >»>Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it's been over a year there. Tree is 4 years old also. >>>> >>> » > <3326_00l.pdf> >> > > <3328_001.pdf> 2 COT/JA000109 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:42 PM John Karlie Mario U. Zamora; Willard t.pps; j .wiikins@wddip.com; lucy@swifthomesinc.com; kent.mcniece@gmail.com Re: RE: RE: RE: RE: HA! Three other people do ! Sent from my iPhone >On Oct 24, 2018, at 2:40PM, John Karlie wrote: > > Do not know what you are talking about. > >-----Original Message----> From : Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 2:34 PM >To: John Karlie > Cc: Mario U. zamora ; Willard Epps ; j.wilkins@wdcllp.com; lucy@swifthomesinc.com; kent.mcniece@gmail.com >Subject: Re: RE: RE : RE: > > WOW now on to more t hings that have been passed and in place fo r years. > By the way those were submitted 2-1/2 weeks ago > >Will it be normal now for you to sign things off and issue permits and then make me rip things out that you say on permit I can do? > l need to know so I can expect to pay more in ripping out things you do this to me on. > ! love how you sign off Sheetrock and t hen make Kent rip it out and threaten to not sign off the na iling unless he tea rs w hat you approved out. Epic! >Seriously should I budget for a special line item called "Karlie mind change" on all my projects. Let me know how much I should budget for. > > Sent from my iPhone > »On Oct 24, 2018, at 2:27PM, John Karlie wrote: >> » Please obtain permits for the electrical on the well, two garage conversions, bowling alley, room and closets that second set of stairs lead to, and anything else you have done without permits. We have two permits ready for you to pick up. >> » -----Original Message----» From: Greg Nunley [mailto :greg@swifthomesinc.com] »Sent: Wednesday, October 24, 2018 2:16 PM »To: John Karlie » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com 1 COT/JA000110 »Subject: Re: RE: RE: >> »We called for a rough plumb. Why did you go look at well. »This the same trip three of my subs heard you telling Steve in the rest of house what to "nail me on" >> »Sent from my iPhone >> »>On Oct 24, 2018, at 2:13 PM, John Karlie wrote: >>> »>Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment >>> »>-----Original Message----»> From: Greg Nunley [mailto:greg@swifthomesinc.com] »>Sent: Wednesday, October 24, 2018 1:43 PM >»To: John Karlie >» Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com >»Subject: Re: RE: >>> »> It was trimmed when you looked at this a year ago. Not trimming any more. >>> >» Sent from my iPhone >>> »»On Oct 24, 2018, at 1:30PM, John Karlie wrote: >>>> >»>Keep trimming up to 6'6". Still needs a permit and inspection. >>>> »»-----Original Message--»» From: Greg Nunley [maifto:greg@swifthomesinc.com] »»Sent: Wednesday, October 24, 2018 11:15 AM »»To: John Karlie >»> Cc: Mario U. Zamora ; Willard Epps »» Subject: >>>> »»Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it's been over a year there. Tree is 4 years old also. >>>> >>> >» <3326_00l.pdf> >> > 2 COT/JA000111 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:43 PM John Karlie Willard Epps; fVlario U. Zamora; j.wiikins@wddip.com; iucy@swifthomesinc.com; kent.mcniece@gmail.com Re: RE: RE: RE: RE: Maybe someone should ask a simple question to Steve and see if they walked Thru the house. Sent from my iPhone >On Oct 24, 2018, at 2:40PM, John Karlie wrote: > >Do not know what you are talking about. > >-----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 2:34 PM >To: John Karlie > Cc: Mario U. Zamora ; Willard Epps ; j.wilkins@wdcllp.com; lucy@swifthomesinc.com; kent. mcniece@gmail.com > Subject: Re: RE: RE: RE: > >WOW now on to more things that have been passed and in place for years. >By the way those were submitted 2-1/2 weeks ago > > Will it be normal now for you to sign things off and issue permits and then make me rip things out that you say on permit! can do? > I need to know so I can expect to pay more in ripping out things you do this to me on. > I love how you sign off Sheetrock and then make Kent rip it out and threaten to not sign off the nailing unless he tears what you approved out. Epic! >Seriously should I budget for a special line item called "Karfie mind change" on all my projects. Let me know how much I should budget for. > >Sent from my iPhone > »On Oct 24, 2018, at 2:27PM, John Karlie wrote: >> »Please obtain permits for the electrical on the well, two garage conversions, bowling alley, room and closets that second set of stairs lead to, and anything else you have done without permits. We have two permits ready for you to pick up. >> »-----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Wednesday, October 24, 2018 2:16 PM »To: John Karlie » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com 1 COT/JA000112 »Subject: Re: RE: RE: >> »We called for a rough plumb. Why did you go look at well. »This the same trip three of my subs heard you telling Steve in the rest of house what to "nail me on" >> »Sent from my iPhone >> »>On Oct 24, 2018, at 2:13 PM, John Karlie wrote: >>> »>Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment >>> »>-----Original Message---->» From: Greg Nunley [mailto:greg@swifthomesinc.com) »>Sent: Wednesday, October 24, 2018 1:43 PM >»To: John Karlie >» Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com »> Subject: Re: RE: >>> >» It was trimmed when you looked at this a year ago. Not trimming any more. >>> »>Sent from my iPhone >>> »»On Oct 24, 2018, at 1:30PM, John Karlie wrote: >>>> »»Keep trimming up to 6'6". Still needs a permit and inspection. >>>> >»> -----Original Message----» » From: Greg Nunley [mailto:greg@swifthomesinc.comJ »»Sent: Wednesday, October 24, 2018 11:15 AM »»To: John Karlie » » Cc: Mario U. Zamora ; Willard Epps » » Subject: >>>> »»Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it's been over a year there. Tree is 4 years old a Iso. >>>> >>> >» <3326_001.pdf> >> > 2 COT/JA000113 John Karlie From: Sent: To: Cc: Subject: Greg Nunley Wednesday, October 24, 2018 2:45 PM John Karlie j.wilkins@wdcllp.com; Mario U. Zamora; Willard Epps; lucy@swifthomesinc.com; kent.mcniece@gmail.com Re: RE: RE: RE: RE: Cameras are a lovely tool to have on site!! Sent from my iPhone >On Oct 24, 2018, at 2:40PM, John Karlie wrote: > >Do not know what you are talking about. > >-----Original Message----- . >From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 24, 2018 2:34 PM >To: John Karlie > Cc: Mario U. Zamora ; Willard Epps ; j.wilkins@wdcllp.com; lucy@swifthomesinc.com; kent.mcniece@gmail.com >Subject: Re: RE: RE: RE: > >WOW now on to more things that have been passed and in place for years. >By the way those were submitted 2-1/2 weeks ago > >Will it be normal now for you to sign things off and issue permits and then make me rip things out that you say on permit I can do? > I need to know so I can expect to pay more in ripping out things you do this to me on. > I love how you sign off Sheetrock and then make Kent rip it out and threaten to not sign off the nailing unless he tears what you approved out. Epic! > Seriously should I budget for a special line item called "Karlie mind change" on all my projects. Let me know how much I should budget for. > > Sent from my iPhone > » On Oct 24, 2018, at 2:27 PM, John Karlie wrote: >> » Please obtain permits for the electrical on the well, two garage conversions, bowling alley, room and closets that second set of stairs lead to, and anything else you have done without permits. We have two permits ready for you to pick up. >> »-----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Wednesday, October 24, 2018 2:16PM »To: John Karlie » Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wilkins@wdcllp.com 1 COT/JA000114 »Subject: Re: RE: RE: >> »We called for a rough plumb. Why did you go look at well. »This the same trip three of my subs heard you telling Steve in the rest of house what to " nail me on" >> » Sent from my iPhone >> »>On Oct 24, 2018, at 2:13 PM, John Karlie wrote: >>> »>Was not trimmed when Steve and I were there on 10/17/2018. Please obtain an electrical permit and call for inspection. See attachment >>> »>-----Original Message---->» From: Greg Nunley [mailto:greg@swifthomesinc.com] >»Sent: Wednesday, October 24, 2018 1:43 PM »>To: John Karlie »> Cc: Mario U. Zamora ; Willard Epps ; Josh McDonnell ; j.wi!kins@wdcllp.com »>Subject: Re: RE: >>> »> It was trimmed when you looked at this a year ago. Not trimming any more. >>> »>Sent from my iPhone >>> »» On Oct 24, 2018, at 1:30 PM, John J wrote: >>>> »»Keep trimming up to 6'6" . Still needs a permit and inspection. >>>> »»-----Original Message----»» From : Greg Nunley {mailto:greg@swifthomesinc.com) »»Sent: Wednesday, October 24, 2018 11:15 AM »»To: John Karlie »» Cc: Mario U. Zamora ; Willard Epps »»Subject: >>>> »»Tree is 4' like it was when you looked at it. We trimmed branches back because they grew down close since it' s been over a year there. Tree is 4 years old also. >>>> >>> >» <3326_00l.pdf> >> > 2 COT/JA000115 Dan Rowley From: Sent: To: Cc: Subject: John Karlie Friday, February 22, 2019 11:22 AM Dan Rowley Cat Dellavalle RE: Follow up question; 10755-5 He never called for a final inspection, therefore it was not inspected prior to her moving in .. From: Dan Rowley [mailto:drowley@fikeboranianlaw.com] Sent: Friday, February 22, 2019 10:06 AM To: John Karlie Cc: Cat Dellavalle Subject: Follow up question; 10755-5 John, In connection with the red tagging of the home where Lucy was staying, Mr. Nunley claims that the only thing that needed to be done to get a certificate of occupancy was to pay the fees due and he did that the next day or two. Is this correct? If not, what else needed to be done before the home could be finalized? Do you have any documents to support that other things needed to be done as well? If so, please email copies to me. Thank you. Dan Daniel W. Rowley Of Counsel Fike & Boranian 401 Clovis Ave., Suite 208 Clovis, CA 93612 Office: (559) 229-2200 Cell: (559) 288-4315 Fax: (559) 225-5504 Email: drowley@.fikeboranianlaw .com NOTICE OF CONFIDENTIALITY: E-mail and any attached documents or files may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. If you have received this e-mail in error, please immediately notify me by "Reply" or by forwarding this e-mail to drowj~v@fik~boranianlaw.com or notifYing me by telephone at (559) 229-2200, and destroy the copy of thee-email you received and its attachments without reading or saving them in any manner. Thank you. 1 COT/JA000116 BUrLDING DEPARTiY'ENT CITY OF TULARE C 0 R R E C T I 0 N N 0 T I C E! ·""'t>· I have this day inspected this structure and these premises and have found the foJiowing violations of City Building Codes: CALL FOR REINSPECTION- 684-4270 You are h~reby notified that no more work shall be done upon these premises until the above violations are corrected. When corrections have been lllade, call for inspection. DATE ...( . ·; , -~ ·. ' .• Inspector for Building Dept. COT/JA000117 BUILDING DEPART{t!lENT CITY OF TULARE C 0 R R E C T I 0N N 0 T I C E! I have this day inspected this structure and these premises and have found the foJlowing violations of City Building Codes: ~ IJ!!l;::... ,,' . . ... f.·._ ,. '"-o .-~ (:~ -~ ·t .. 5' CALL FOR REINSPECTION- 684-4270 You are hereby notified that no more work shall be done upon these premises until the above violations are .corrected When corrections have be~ made•. call-for inspection. Inspector for Building Dept. COT/JA000118 BUILDING DEPARtfJ.lENT CITY OF TULARE CORRECTION NOtiCID I have this day inspected this structure and these premises and have found the following violations of City Building Codes: jl ' , ,J •'','· w• CALL FOR REJNSPECTION- 684-4270 You are hereby notified that no more work shall be done upon these premises until the above violations are corrected. When corrections have been made, call for .inspection. COT/JA000119 7:56...,. < =>0'' : · · c1-..."'/· ,...7·/'tua.·• (f) ~0~ Lucy Arruda Helo John When you're free can you please call me. Yesterda y 11 07 AM Good morning John, I have the corrections for the final at S03t Windroitl Court. Can I get a temporary certificate of occupancy so i can move my stuff back in and call in for final inspection on Monday. Thank you One more question can 1remove the red tag? Thank you so much COT/JA000120 ---- - • . - ..... -· .. • - - - • - - I - - -------r~ .. .... I • • I ·.r . .• • - I ,_. :. .. ••• .. • EXHIBIT 3 COT/JA000121 Josh McDonnell From: Sent: To: Subject: Willard Epps Tuesday, October 09, 2018 8:39AM Josh McDonnell FW: Good morning Team, Can we help Mr. Nunley on this project? Willard -----Original Message----From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Tuesday, October 09, 2018 7:38 AM To: Willard Epps Cc: Mario U. Zamora Subject: Wit lard, Inspection was called for a roof nailing and shear nailing inspection my house 2590 diamante. Roof sheating was signed off. They didn't sign anything on shear nor corrections. We don't have any required shear on the house but I added it as I wanted too. We are going to cover up and wrap as no nailing inspection must be required. If this is not the case send them out as I am wrapping tomorrow. Thanks Sent from my iPhone COT/JA000122 Dan Rowley From: Sent: To: Subject: Attachments: Josh McDonnell Tuesday, November 6, 2018 2:19 PM Dan Rowley FW: RE: RE: Re: RE: RE: Hello Mr. Rowley, Yesterday, you asked me to forward you any materials that may be pertinent to our discussion regarding Mr. Nunley. As I described, most of my interactions with Mr. Nunley have been verbal (over the phone and in person). However, beginning in August of this year, Mr. Nunley began using email to communicate with City staff far more than he previously had. l'm forwarding you a few email strings that corroborate some of the items I detailed to you yesterday. This first email string (actually, it's two strings, see attached as well) details Mr. Nunley's accusations regarding the number of inspections that had been performed for a foundation at a commercial site. The string also concludes with Mr. Nunley's direction for me to no longer contact him. Thanks, Josh McDonnell -----Origi na I Message----From: Greg Nunley {mailto:greg@swifthomesinc.com] Sent: Thursday, October 04, 2018 9:13AM To: Josh McDonnell Cc: j.wilkins@wdcllp.com; Willard Epps ; Mario U. Zamora Subject: Re: RE: RE: Josh From this point no need to contact me any longer. Your obviously not willing to stop the harassment by John to my company. Sent from my iPhone >On Oct 4, 2018, at 9:00AM, Josh McDonnell wrote: > > Hi Councilman, > >John Karlie drove by the site on Wednesday to see if the correction notice that was posted on Tuesday had been picked up (he was worried that the ram m•ght have ruined ruin it). He did not conduct an inspection Wednesday. The foundation inspection was conducted Tuesday, October 2 and is dated as such. I have personally viewed a time stamped photo of the correction notice that was posted on Tuesday. > >In addition, foundation inspections have been requested 8 times for this site. Inspectors have conducted foundation inspections 8 times, and have written correction notices accordingly. Attached, please find the Inspection schedule sheets that were generated for each inspection. The only way an item is placed on the schedule sheet is if a request is 1 COT/JA000123 made by the permit holder. I suggest you check with Lucy in your office; perhaps she can check her email and phone log to verify the requests for you . > >Thanks, > Josh McDonnell > > > > > > -----Original Message----> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 031 2018 5:06PM >To: Josh McDonnell > Cc: j.wilkins@wdcllp.com; Willard Epps ; Mario U. Zamora >Subject: Re : RE : > >John Karlie himself was there today. I seen him and so did my guys. We didn't call for this today > >Sent from my iPhone > »On Oct 3, 2018, at 5:02PM, Josh McDonnell wrote: >> »Correction, our inspectors did NOT conduct an inspection today, they conducted it yesterday. Sorry for the confusion. >> » -----Original Message--->> From: Josh McDonnell »Sent: Wednesday, October 03, 2018 4:55 PM »To: 'Greg Nunley' » Cc: j.wilkins@wdcllp.com; Willard Epps ; Mario U. Zamora »Subject: RE: >> » Hi Councilman, >> »Our inspectors did conduct an inspection today, they visited it yesterday/ October 2, in response to an inspection request submitted by lucy Arruda at 7:25am on Tuesday morning. This was the eighth foundation inspection that has been conducted for 1504 E. Prosperity. The inspections have failed each time for the same reasons. Please see the attached correction notices for reference. >> >> Are-inspection fee is typically applied after the third fa iled inspection. Happily, this has happened only a few times in recent years. However, in this case, eight inspections were conducted before the Building Official determined that a reinspection fee ($99) is to be charged. The re-inspection fee is included in the City's fee schedule (see attached). >> »One thing that I noticed while gathering info on this project is that the approved plan set shows a 6 " slab over 2" of sand over 6 mil. poly on sheet 51, as does the detail in the plan set. Additionally, the structural calcs call for a 6" slab. It appears that the slab has been poured at 4" . If you wish to stay with a 4" slab, this will require revisions to the plan set and structural calcs. >> »Thanks, »Josh McDonnell >> 2 COT/JA000124 » -----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Wednesday, October 03, 2018 1:36PM »To: Josh McDonnell ; Willard Epps ; Mario U. Zamora » Cc: j .wilkins@wdcllp.com »Subject: >> »We are being told to pay a RE-inspection fee for Unique ortho #2. John for some reason went today but we didn't call for a inspection today. We called in today for a inspection for tomorrow. »Can you tell me where r can find the fee schedule where John can make us pay aRE inspection fee. Let me know if we are going to be charged a re inspection fee. >> » Sent from my iPhone >> > > <3090_001.pdf> 3 COT/JA000125 Dan Rowley From: Sent: To: Subject: Attachments: Josh McDonnell Tuesday, November 6, 2018 2:21 PM Dan Rowley FW: FW: Certificate of Occupancy This second string details the conversation regarding whether the City forwarded certificates of occupancy to Mr. Nunley for two commercial facilities. Thanks, Josh McDonnell -----Original Message----From: Josh McDonnell Sent: Tuesday, October 02, 2018 12:29 PM To: 'Greg Nunley' Cc: kknowland@learn4life.org; ckahler@cvsouth.org; Willard Epps Subject: RE: Hi Councilman, The certificates of occupancy were emailed to you and Lucy Arruda on August 30. Please see the attached email, which includes pdfs of the inspection cards and certificates of occupancy. Thanks, Josh McDonnell -----Original Message--- From: Greg Nunley [mailto:greg@swifthomesinc.com) Sent: Tuesday, October 02, 2018 12:11 PM To: Josh McDonnell ; Willard Epps Cc: kknowland@learn41ife.org; ckahler@cvsouth.org Subject: Willard, The tenants for Kings academy and Unique ortho are asking for a copy of the certificate of occupancy. This was final over a mont h ago and John has never gave us the certificate . Please let me know how I can pick this up. Sent from my iPhone 1 COT/JA000126 Dan Rowley From: Sent: To: Subject: Attachments: Lucie Brown Tuesday, October 2, 2018 12:26 PM Josh McDonnell FW: Certificate of Occupancy 1392_001 .pdf I sent the C of 0 to Lucy and Greg From : lucie Brown Sent: Thursday, August 30, 2018 4:03 PM To: 'Greg Driven' ; 'Lucy Arruda' Subject: Certificate of Occupancy From: City Hall [mailto:cityhall @ci.tulare.ca.gov] Sent: Thursday, August 30, 2018 3:40PM To: l ucie Brown Subject: Attached Image 1 COT/JA000127 CITY OFTULARE ._- ---~- - ~ ~-· -~ .. BffiLDING DIVISION 411 EKERN AVENUE TULAUi ···•· .·. , ~ CA 93274 (SS9) 684-4270 ·····'"·'·· ··· ·--·-···· ....... .. ····- ·: ........,. - ,.·Certificate ~~ :~o-ccu·pa~rtc)« ---- " ''' " ' ' "·"'' ' ' .. ,,,;:-c::.-.:;;-:::-:~,~~.~-- ~- ---·-,-.~.-;;-;-;;- --;,-,--.--.--;.·.-;;; .J. . ·;;,l!m~ c~ ·~,-~ -- .· Permit Number: eto-17··09558 .. -------- - ··· ···. This certificate is issued in accordance with Section 110 of the California Building Code, as amended by the City of Tulare. At the time of issuance, this facility has been inspected and is in compliance with the various codes and ordinances of the City of Tulare regulating construction, use and occupancy of buildings. Site Address: 1450 E PROSPERITY AVE UNIT A TULARE CA 93274 Owner: I & A BAYRAKAOARIAN, LLC 9103 N, CYPRESS CLOVIS CA 93619 Final Inspection: 08/30/2018 Name of Business: Uni~ue Orthodontics Occupancy Group: BOccupancy Load: Construction: Fire Sprinkler: Code Edition: _., V-B NO CBC2013 05/0812017 ., ' Date Issued COT/JA000128 <"t~ 1!{'7t~l.rt (]hn!l!1.'11fJ li)ivrsum lN~.fE-CTION CARD AddreM: ·4~· R ll\~rity Av~ -Unit 1\ Owntor: 01· lsbk.han Rillt-nkdarian Contra.c.tor: Gt·e:lf Vnllcy Bnildt•r'slru· Ot8CIUP'MON O{t' WORK: 3,962 11q ft tenant hntuRf: VCJU NnD Y.OUR lt\I~P(CTION ln~ctor~ witl slgfl and date this card en wor-k l1; approv6'd. work shall NOT be covered until thts c:ard l~ tnitiat~. Calls after 7:00A.M. Will bE.: schcdule:cl for the ne>xt buslnl>s'i day. I.~ ave the Permit 1\io. -- lnnpectlon lt-Ptu No. - -~AM OR PM COT/JA000129 CITY ·O .. . F TULA&E ... . - ___ BUILDING DIVISION 411 EKERN AVENUE TULARE, CA 93274 (559) 684-4270 ''"'"' ""' ' -...... . ..... ....... . . . ...:.:· "" ' .1' ' · ·- ·-- ' "' "''"' ... ... . e.ertirreate io f -Occupanr;y ......., Permit Number: BLD-18.;11393 ...... _,,, , This certificate is issued in accordance with Section 110 of the Califomia Building Code, as amended by the City of Tulare. At the time of issuance, this facility has been inspected and is in compliance with the various codes and ordinances of the City of Tulare regulating construction, use and occupancy of buildings. Site Address: 1462 E PROSPERITY AVE Name of Business: UNITB TULARE CA 93274 Owner: Occupancy Group: Educational Occupancy Load: 80 I & A BAYRAKADARIAN, LLC 9103 N, CYPRESS CLOVIS CA 93619 Construction: Fire Sprinkler: Code Edition: Zoning: 08/30/20.18 V-B NO CBC 2016 . Q JM.~~·· . Final Inspection: Kings Academy . .. . ·. . ~ Building Official C-3 ... .:04/05/20.18 . Date Issued COT/JA000130 Mm I'm Cum-m vamwmu Academy Wm new uni: 63124276 or Emil: .-, . mums DAY BEFORE vou new mun and am Mamaumam wmawmwewwmd un?ithls cm ls Initialad. Calts after 7: 00AM. wiil be 5!:th for the next business day Lem the 79mm Na. inspecticn item Nomy; ~33 1214?! I ?210 l?t' 4' 1mm Wu, . .1111; 9 angina? .. 4: i; q? _4 inml?E1F1331Dan Rowley From: Sent: To: Cc: Subject: Greg Nunley Thursday, October 4, 2018 9:11 AM Josh McDonnell j.wilkins@wdcllp.com; Willard Epps; Mario U. Zamora Re: RE: RE: Your wrong. John Karlie himself has stated 4 tines when we call in he doesn't have time to do inspections and to "call it back in". Send me the correction notices for 8 times. Sent from my iPhone > On Oct 4, 2018, at 9:00AM, Josh McDonnell wrote: > >Hi Councilman, > >John Karlie drove by the site on Wednesday to see if the correction notice that was posted on Tuesday had been picked up (he was worried that the rain might have ruined ruin it}. He did not conduct an inspection Wednesday. The foundation inspection was conducted Tuesday, October 2 and is dated as such. I have personally viewed a time stamped photo of the correction notice that was posted on Tuesday. > >In addition, foundation inspections have been requested 8 times for this site. Inspectors have conducted foundation inspections 8 times, and have written correction notices accordingly. Attached, please find the Inspection schedule sheets that were generated for each inspection. The only way an item is placed on the schedule sheet is if a request is made by the permit holder. l suggest you check with lucy in your office; perhaps she can check her email and phone log to verify the requests for you. > >Thanks, > Josh McDonnell > > > > > > -----Original Message----> From : Greg Nunley [mailto:greg@swifthomesinc.com] >Sent: Wednesday, October 03, 2018 S:OG PM >To: Josh McDonnell > Cc: j.wilkins@wdcllp.com; Willard Epps ; Mario U. Zamora > Subject: Re : RE: > >John Karlie himself was there today. I seen him and so did my guys. We didn't call for this today > > Sent from my iPhone > » On Oct 3, 2018, at 5:02 PM, Josh McDonnell wrote: >> 1 COT/JA000132 » Correction, our inspectors did NOT conduct an inspection today, they conducted it yesterday. Sorry for the confusion. >> » -----Original Message----» From: Josh McDonnell » Sent: Wednesday, October 03, 2018 4:55 PM » To : 'Greg Nunley' » Cc: j.wilkins@wdcllp.com; Willard Epps ; Mario U. Zamora »Subject: RE: >> »Hi Councilman, >> » Our inspectors did conduct an inspection today, they visited it yesterday, October 2, in response to an inspection request submitted by Lucy Arruda at 7:25am on Tuesday morning. This was the eighth foundation inspection that has been conducted for 1504 E. Prosperity. The inspections have failed each time for the same reasons. Please see the attached correction notices for reference. >> »A re-inspection fee is typically applied after the third failed inspection. Happily, this has happened only a few times in recent years. However, in th is case, eight inspections were conducted before the Building Official determined that a reinspection fee ($99) is to be charged. The re-inspection fee is included in the City's fee schedule (see attached}. >> » One thing that I noticed while gathering info on this project is t hat the approved plan set shows a 6" slab over 2" of sand over 6 mil. poly on sheet 51, as does the detail in the plan set. Additionally, the structu ral calcs call for a 6" slab. lt appears that the slab has been poured at 4 ". If you wish to stay with a 4" slab, this will require revisions to the plan set and structural calcs. >> »Thanks, » Josh McDonnell >> » -----Original Message----» From : Greg Nunley [mai!to:greg@swifthomesinc.com] »Sent: Wednesday, Octobe r 03, 2018 1:36 PM »To: Josh McDonnell ; Willard Epps ; Mar io U. Zamora » Cc: j .wilkins@wdcllp.com » Subject: >> »We are being told to pay aRE-inspection fee for Unique ortho #2 . John for some reason went today but we didn't call for a inspection today. We called in today for a inspection for tomorrow. » Can you tell me where I can find the fee schedule where John can make us pay a RE inspection fee . Let me know if we are going to be charged a re inspection fee. >> » Sent from my iPhone >> > > <3090_001.pdf> 2 COT/JA000133 Dan Rowley From: Sent To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:23 PM Dan Rowley FW: RE: RE: This third string details Mr. Nunley's accusations that staff is holding up his projects, when in fact he just needed to pick up some revised truss calcs. Thanks, Josh McDonnell -----Original Message----From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent : Monday, October 01, 2018 3:50 PM To: Josh McDonnell Cc: Mario U. Zamora ; Willard Epps Subject: Re: RE: RE: Yes Lucy just said she called Friday Sent from my iPhone >On Oct 1, 2018, at 3:38PM, Josh McDonnell wrote: > >They have been ready for pick up since last week. Ninfa notified Lucy they were ready last week, and Lucy said she would pick them up on Friday or today. > >-----Original Message---> From: Greg Nunley [mailto:greg@swifthomesinc.com] >Sent : Monday, October 01, 2018 3:36 PM >To : Josh McDonnell > Cc: Mario U. Zamora ; Willard Epps >Subject: Re: RE : > >Lot 15 Tesori. Asked for nailing inspection and they have taken 6 notes of the Apple. Every time they come back after we fix one list they give another list. Been sitting for 5 weeks ready to felt and wrap. > >Sent from my iPhone > » On Oct 1, 2018, at 3:27 PM, Josh McDonnell wrote : >> » Which project is it for? >> »-----Original Message----» From: Greg Nunley [mailto:greg@swifthomesinc.com] »Sent: Monday, October 01, 2018 3:26 PM »To: Josh McDonnell ; Willard Epps »Subject: COT/JA000134 >> » Josh, >> » We submitted a revised truss calc over a week ago and have not heard back. This is the only item holding us up from w rapping and putting felt on the roof >> » Sent from my iPhone >> >> > > 2 COT/JA000135 Dan Rowley From: Sent: To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:24PM Dan Rowley FW: This string is also related to the truss calc issue. Thanks, Josh McDonnell -----Original Message----From : Josh McDonnell Sent: Wednesday, September 26, 2018 12:29 PM To: 'Gvlandco' Cc : Mario U. Zamora ; Willard Epps Subj ect: RE: Hi Councilman, The new plan set was submitted to the City last Thursday. The standard plan check review timeframe is three weeks. However, staff will be able to complete this plan check review in one week. You should anticipate receiving a correction checklist by tomorrow. Thanks, Josh McDonnell -----Original Message----From: Gvlandco [mailto:greg@gvlandco.com] Sent: Tuesday, September 25, 2018 6:05 PM To: Josh McDonnell Cc: Mario U. Zamora Subject: Josh, Can you check on the updated truss calcs that we're delivered to John Karlie. All he needs to do is sign this off and I get my nailing inspection for lot 15 Tesori. Seems like these inspectors now take 5 bites of the apple every one of my jobs, meaning as soon as we correct there list another list pops of for the next visit on the same inspection request. Sent from my iPhone 1 COT/JA000136 Dan Rowley From: Sent: To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:25PM Dan Rowley FW: RE: This string just details Mr. Nunley accusing the City of holding up his projects, when in reality he needs to record his map before permits can be issued. Thanks, Josh McDonnell -----Original Message----From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Tuesday, September 18, 2018 3:42 PM To: Josh McDonnell Cc: kent.mcnlece@gmail.com; Willard Epps Subject: Re: RE: Ok that makes since. Just make sure we get out courtesy inspections like SJVH has gotten on 15 homes at willow glen Sent from my iPhone >On Sep 18, 2018, at 2:44PM, Josh McDonnell wrote: > > Hi Councilman, > >The map has not recorded. Permits cannot be issued until the map records. > >Thanks, > Josh McDonnell > > -----Original Message---> From : Greg Nunley [mailto:greg@swifthomesinc.com] > Sent: Tuesday, September 18, 2018 9:25 AM >To: Josh McDonnell > Cc: kent.mcniece@gmail.com >Subject: > > Josh, > >Can you see why our permits have taken 6 weeks thus far and are still not ready for 5 permits at cottonwood. This were master plans and should have no reason to take 5 weeks to be ready for pick up. > > Sent from my iPhone > > 1 COT/JA000137 Dan Rowley From: Sent: To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:29PM Dan Rowley rW: RE: RE: This string provides details on a model home that was red tagged because a final inspection was never done. Mr. Nunley argued that the only thing missing was the payment of fees. It's unclear where Mr. Nunley reached the conclusion that a building can be occupied before a final inspection has been completed. Thanks, Josh McDonnell -----Original M essage----From: Gvlandco [mailto:greg@gvlandco.com] Sent: Thursday, September 13, 2018 2:23 PM To: Josh McDonnell Cc: Willard Epps Subj ect: Re: RE: RE: Ok that's fa ir enough. Can we get a model home policy so we know these rules Sent from my iPhone > On Sep 13, 2018, at 2:13 PM, Josh McDonnell wrote: > > Hi Councilman, > >Kent must have misheard John. I was there and can verify that for the red t ag to be removed, a final inspection must be conducted (and passed) and DIF fees need to be paid. > > Although nobody is living in the unit, the public is using the house and therefore must be deemed safe. The City can determine whether it's safe by conducting a final inspection. Given that it's a model home, a temporary occupancy may potentially be granted. However, this step must be completed before the red tag can be removed . The models for Willow Glen were inspected and a temporary occupancy was granted before they were used . > >In addition, there are some very obvious electrical issues with the Cottonwood model that must be addressed immediately. Kent acknowledged this and agreed to get on it asap. > > I'll make sure that building staff is ready to go out asap as soon as the inspection is called in . > > Thanks, > Josh McDonnell > > ----Original Message----> From: Gvlandco [mailto:greg@gvlandco.com] >Sent: Thursday, September 13, 2018 1:59PM 1 COT/JA000138 >To: Josh McDonnell > Cc: Willard Epps > Subject: Re: RE: > > No one is living in this house. John Karlie told Kent to remove red tag only DIF's need to be paid. > > Sent from my iPhone > »On Sep 13, 2018, at 1:35PM, Josh McDonnell wrote: >> » Hi Councilman, >> » No, there were a number of reasons why the structure was red tagged. >> » First, the structure was being occupied even though no final inspection had occurred or occupancy had been granted. In addition, there is some dangerous electrical work that needs to be addressed immediately. The DIF fees also need to be paid. >> » Kent, john and I met on site yesterday and went through exactly what needs to occur before the red tag can be removed . I thought it was a productive meeting. >> >>Thanks, »Josh McDonnell >> »-----Original Message----» From: Gvlandco [mai!to :greg@gvla ndco .com] » Sent: Thursday, September 13, 2018 1:11 PM »To: Josh McDonnell »Subject: >> »Josh, >> » Josh I want to make clear that the red t ag the cottonwood model home received was solely for not having DIF fees pa id. Is this correct? >> » Sent from my iPhone >> >> > 2 COT/JA000139 Dan Rowley From: Sent To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:31 PM Dan Rowley FW: City harassment This email includes Mr. Nunley's complaint that John Karlie is harassing him and his company. It also includes my response, which concluding that Mr. Nunley is being treated the same as al other developers in the City. Thanks, Josh McDonnell -----Original Message----From: Josh McDonnell Sent: Wednesday, September 26, 2018 12:20 PM To: 'Gvlandco' Cc: Mario U. Zamora ; Willard Epps Subject: RE: City harassment Hi Councilman, John performed 5 courtesy inspections for your project yesterday. Four passed and one did not. All courtesy inspections that were requested were conducted. Kent Me Niece was on site with John for these inspections. If additional courtesy inspections were requested, the City is not aware of it. With regard to your allegations regarding John Karlie, the City Attorney will be contacting you to discuss them in greater detail. Thanks, Josh McDonnell -----Original Message----From: Gvlandco [mailto:greg@gvlandco.com) Sent: Tuesday, September 25, 2018 11:42 AM To: Josh McDonnell Cc: Mario U. Zamora ; Willard Epps ; lucy@swifthomesinc.com; kent.mcniece@gmail.com Subject: City harassment Josh, For the record John Karlie has denied to do a courtesy inspection at cottonwood. John allowed 3 times as many homes and all courtesy inspections at willow glen. This is not consistent with how he has treated another builder compared to our company. John continues to damage, harass, and intentional hurt my company and the city manager is aware and Josh you are aware John continues to be allowed to do this to my company, me personally and my staff. 1 COT/JA000140 Around August 2 I met with Willard and you Josh. I told you many cases what John Karlie has done and management has not only allowed for this to continue but to become outrageously worse than ever. I personally hold the city responsible for detrimental damage John Karlie has been allowed to do including financial, emotional with my entire company, and my reputation. John Karlie continues to slander my name to my own employees, clients and subcontractors. This will be the third time I have asked you to help contain John Karlie and all effects John Karlie used his building inspectors as ponds to further Harass me, my employees, sub contractors and partners. Greg Nunley Great Valley Builders inc Sent from my iPhone 2 COT/JA000141 Dan Rowley From: Sent: To: Subject: Josh McDonnell Tuesday, November 6, 2018 2:35PM Dan Rowley FW: 2590 Diamante I think I've bombed your inbox enough. This last string details an additional complaint of harassment t hat Mr. Nunley sent to Willard and the City Attorney. It also includes an admittedly spicy response from me to Willard and Mario. If these forwarded email strings are unhelpful, please feel free t o discard. Thanks, Josh McDon nell From: Willard Epps Sent: Wednesday, October 03, 2018 4:40 PM To: Josh McDonnell Cc: Mario U. Zamora Subject: RE: 2590 Diamante Hello Josh, as I have always ask from day one, treat everyone the same. As long as t his is in play I have no pro blem. I' m sorry Mr. Nunley has issues wit h the rules but they are in place for a reason and has been in place for many years. It is no fault of ours if he chose not to follow them. Willard From: Josh McDonnell Sent: Wednesday, October 03, 2018 1:54 PM To: Willard Epps Cc:: Mario U. Zamora Subject: RE: 2590 Diamante Hi Chief, Mr. Nunley is completely mischaracterizing John' s activities. The inspectors are taking the same methodical approach to their inspections on this job that they take everywhere else. Please note in his third paragraph below, Mr. Nunley states " I expect only a nailing inspection, nothing more", but later in the paragraph says "John ... has been there over 20 times ... and said it's fine ... ". Mr. Nunley seems to want the inspectors to only focus on one specific thing, then compla ins that, with all the times the inspectors have been out before, why did they not notice something until now? This is complete hypocrisy and places the inspectors in a const ant "no w in" situation. As Mario, Janice and I discussed with the Building Division staff yesterday, the only thing our inspectors may be gui lty of is having previously not held him to the same standard as the other builders. Because of his belligerent attitude they probably let him get away with too much. Now that they're treating everyone consistently, he seems to think he' s being singled out. 1 COT/JA000142 I categorically deny his allegations of harassment. Thanks, Josh From: Willard Epps Sent: Wednesday, October 03, 2018 1:24 PM To: Josh M cDo nnell Subject: FW: 2590 Diamante FYI ... From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Wednesday, October 03, 2018 10:45 AM To: Willard Epps Cc: lucy@swifthomesinc.com; trampas@swifthomesinc.com; Mario U. Zamora Subject: Re: 2590 Diamante The nailing inspection has been called two times. Your inspectors would not even get on roof to look at nailing nor t he shear. They were busy doing framing correct ions that have noth ing to do with a nailing inspection. If you would like you can come see the red chalk writing on the walls that prove this. And the plans and card were there both times. I was there myself twice with them. Seems like they like going off course from what is called in on my projects all the t ime. W e w ill call it in again and I expect only a nailing inspection nothing more. We need to cover the wood as it has been sitting because of the holdup for a long time. You can say a framing change happened but when John Karlie your head building official has been there over 20 times just to "stop by" and seen this and said it' s fine and now all the sudden he has a change of course there is a problem. I deleted josh and John as I want you to know this is complete harassment and intention to damage and hurt me further as has been since we met Willard and josh along with my staff to ask you to do something about this. You continue to allow John Karlie to continue down this path on my jobs. Thanks Sent from my iPhone On Oct 3, 2018, at 9:58AM, Josh McDonnell wrote: Hi Councilman, John has indicated that the City can provide a nailing inspection. Please call in a request and we will respond accordingly. With regard to the strongback joist, the code requires that the valleys and hips be supported at the ridge by a brace to a bearing partition, or be designed to carry the intended load. The plans do not indicate that the valley is supported by a brace to a partition point, thus it is an unconventional design. The design may, however, still be ok, as long as it has been designed by an engineer and stamped accordingly. Please reference California Residential Code Section R802.3 " Framing Details" for f urther cia rification. 2 COT/JA000143 Thanks, Josh McDonnell From: Greg Nunley [mailto:greg@swifthomesinc.com] Sent: Wednesday, October 03, 2018 9:40AM To: John Karlie Cc: lucy@swifthomesinc.com; trampas@swifthomesinc.com; Josh McDonnell ; Mario U. Zamora ; Willard Epps Subject: Re: 2590 Diamante John there is a strongback joist at bearing point. This is normal on hip roof cut and stack. For the insulation you know I have insulated the roof deck and will also the ceiling. Besides the fact for title 24 you know I have over a r-50 in my walls. At insulation inspection you can verify what you want. You know this. As of now there is no reason not to give me a nailing inspection on roof and shear other than you just holding me up intentionally. I now will have rain coming in as it is suppose to rain tonite for this holdup. Thanks! Sent from my iPhone On Oct 3, 2018, at 9:16AM, John Karlie wrote: See attachment <3 074-001. pdf-> 3 COT/JA000144 Dan Rowley From: Josh McDonnell Friday, February 22, 2019 10:31 AM Dan Rowley RE: Josh McDonnell Deposition; 10755-5 Sent: To: Subject: Good Morning, I believe that Mr. Nunley complained about an invasion of privacy to the Tulare Police Department when Lucy's home was red tagged for having been occupied without a final inspection. I seem to recollect speaking about this with two police investigators when they interviewed me about Mr. Nunley's complaints against John. I suggest you verify this with Captain Matt M achado (684-4250 or mmachado@tulare.ca.gov) or Willard Epps (I don't have his contact info). Thanks, J osh McDonnell! City of Tulare Community & Economic Development - !?.!r~':!Q!___·---------·- - 0 : 559-68442 10 F· ~59-685-2339 jrncdonnelltatularc.ca.gov Cit~ 411 oi'Tulan: Kern E:1.~i Tlllare. C.-\ 93274 From: Dan Rowley [mailto:drowley@fikeboranianlaw.com] Sent: Friday, February 22, 2019 10:02 AM To: Josh McDonnell Cc: Cat Dellavalle Subject: RE: Josh McDonnell Deposition; 10755-5 Josh, Thank you for the full transcript. FYI, I was given a written document by Tyler regarding the December 13 incident. It will be part of my report. Here is another follow up question for you: In connection with the red tagging of the home Lucy was living in did Lucy or Mr. Nunley ever claim there had been an invasion of privacy by the building inspectors? Thanks. Dan Daniel W. Rowley Of Counsel 1 COT/JA000145 Fike & Boranian 401 Clovis Ave., Suite 208 Clovis, CA 93612 Office: (559) 229-2200 Cell: (559) 288-4315 Fax: (559) 225-5504 Email: drowley@fikeboranianlaw.com NOTICE OF CONFIDENTIALITY: E-mail and any attached documents or files may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. If you have received this e-mail in error, please immediately notifY me by "Reply" or by forwarding this e-mail to drowley@fikeboranianlaw .com or notifYing me by telephone at (559) 229-2200, and destroy the copy of thee-email you received and its attachments without reading or saving them in any manner. Thank you. From: Josh McDonnell Sent: Thursday, February 21, 2019 9:35AM To: Dan Rowley Subject: Josh McDonnell Deposition Good Morning Mr. Rowley, During our phone conversation yesterday, you mentroned that you had received several pages of my deposition by Mr. Lampe. It may be helpful for you to have the transcript of my full deposition. Please find it attached. This version isn't the "certified" version , but I only had two very minor edits to it. Please feel free to discard it if you determine it wouldn 't be of value to your efforts. I also want to make sure that you are aware of the events of December 13, 2018, which resulted in the City retaining an outside consulting firm to conduct Mr. Nunley's building plan checks and building inspections due to an ugly incident during which Mr. Nunley verbally harassed and threatened inspectors Tyler Dodson and Mike Bruening. Please let me know if you need further details regarding those events. Thanks, Josh McDonnellj City of Tulare Community & Economic Development Director ·- ------ ..- ------City •>fTulare ......... 0 : 559-61!4-12.10 F: 559-685-233'.i jmcdonnelll@tulare.ca.gov 4 r r f.nst Kern Tulare. CA 93274 2 COT/JA000146 EXHABET .· Dan Rowley From: Sent: To: Ct : Subject: Attachments: Traci Myers Wednesday, January 9, 2019 12:25 PM Dan Rowley Cat Dellavalle RE: Follow up; 10755-5 RSG Memo re Orosco Deposit 050317.pdf Good morning Dan, Yes, I do recall the meeting. The Orosco Group is a developer the City had been working with for about 10 years on one specific project. (New Starbucks downtown) The project started as a joint project with the Tulare Redevelopment Agency. The subject property was owned by the RDA and there was an Exclusive Right to Negotiate on the property between the RDA and the Orosco Group. (approx. 2008) As consideration of the ERN, the Orosco Group gave the RDA a good-fait h deposit of a couple hundred thousand dollars if I recall correctly. The Finance Department held those funds in a specific RDA account. The project stalled for a number of reasons out of everyone's control (downturn on the economy). When the RDA dissolved in 2012 and the State and DOF took over management, the subject property was one that was included in the City's inventory of RDA properties to the State. The City was required to report all RDA assets to the State, which I understand Darlene Thompson did. When the issue of contamination and remediation of the subject site came up in 2017, the Orosco Group wanted the Successor Agency to pay for the costs to remediate the site. Nunley, at the time, had immersed himself into the clean-up and revitalization of Tulare's downtown in his capacity of a Council member. During a conference call with the Orosco Group where Council member Nunley, Steve Bonville, Darlene Thompson and myse lf were present, (Heather Phillips came in during the end of this meeting wa iting on another meeting following so she wasn't present for the entire thing), there was discussion about the terms of the agreeme nt surrounding t he $200,000 and whether that deposit could be utilized to pay for the remediation costs. Council member Nunley came up the idea to "refund" the deposit back to the Orosco Group, who would then use the money to pay for the remediation. When Darlene Thompson stated the deposit was part of the assets reported to the DOF and the State in the RDA dissolution and we would need the State's approval to refund the money, Council member Nunley became irat e and told Darlene to transfer the money from the Successor Agency (RDA) account into the City' s General Fund and/or a separate escrow account to refund to the Orosco Group. Darlene said she was not comfortable doing that without notifying t he State. Darlene contacted her consultants that were handling the RDA dissolution and the Successor Agency's dealings with the State for additional guidance on what to do since the Council member was pressing her for a solution. I have attached a memo that was sent to Darlene on May 3, 2017 by Dmitry Galkin of RSG that explains some options per the request of Darlene. Council member Nunley acted like it would be a simple transaction to just take the deposit from the Successor Agency account and open an escrow with the money. Even when Darlene tried to explain the process to him, he talked over her, was visibility irritated and even raised his voice to her. At this time, Heather Phillips had already arrived and set up her laptop in the same conference room we were in. She witnessed the exchange between Nunley and Darlene. When Nunley raised his voice, Heather kept looking over the top of her computer to me then back at Nunley then at Darlene but never said a word. Hope this helps. let me know if you have any further questions. Traci From: Dan Rowley [mailto:drowley@fikeboranianlaw.com] Sent: Wednesday, January 09, 2019 10:24 AM To: Traci Myers 1 COT/JA000148 Cc: Cat Dellavalle Subject: Follow up; 10755-5 Traci, Do you recall a meeting with Mr. Nunley, Steve Bonville, Darlene Thompson and Heather Phillips regarding the possible sale of property to someone named Orasco? If so, during this meeting was there any discussion about opening escrows and not reporting something to the State? Please let me know what you recall. Thank you. Dan Daniel W. Rowley Of Counsel Fike & Boranian 401 Clovis Ave., Suite 208 Clovis, CA 93612 Office: (559) 229-2200 Cell: (559) 288-4315 Fax: (559) 225-5504 Email: drowley@tikeboranianlaw .com NOTICE OF CONFIDENT1ALITY: E-mail and any attached documents or files may contain confidential information that is legal1y privileged. Do not read this e-mail if you are not the intended recipient. lf you have received this e-mail in error, please immediately notify me by "Reply" or by forwarding this e-mail to drowley((ilfike.Qorani:m[aw .com or notifying me by telephone at (559) 229-2200, and destroy the copy of thee-email you received and its attachments without reading or saving them in any manner. Thank you. 2 COT/JA000149 Traci Myers Monday, April24, 2017 6:2.2 PM From: Sent: To: Cc: Subjec~;~i Lu cie B'r own; CandiCe Anderson. Rob Hunt; Ninfa Conde Front Counter - Customer Service Good afternoon, Staff has been working closely with the current City Council on set~in~ gOa Is and priorities for the Deveropment Services Department in the upcoming years. Council has given staf~ direction to work onrg,a~ ~,~..i~J!tj_ at City HarJ; that change begins at the 'f ront counter- customer servi¢e will be our main focus. With that focus i(l min~, Rob and I have some policies and processes we would like to put irito place effective immediately. The front counter at City Hall is the information hub of the City. Membe.rs of the. pub lic come to us lookingfor assistance with a variety of qilestiori{arid we $hou!d strive to greetthemin a pleasant, professional and welcoming mar~ner. We have be~~ receiving feedback that there is. a great cleal of per~onalt~lk and"visiting" going on LIP ·fror)t; and on occasion there has beenfoullanguage used. I would ask that you limit any non-work related conversations to break time or limch hours and outside the pvrview of the public. At no time is the USE!;.o ffoul or explicit language or derogatory statements regardi(lg another staffmember or Cit'( Council member <~cceptable. Remember, your actions and behaVior are on display during business hours, it is irpportant that we main.taio .a professional atmosphere at all. times. As a reminder; the City's internet policy prohlbits ,use of the internet during work hours except for work-related 'Issues. · lri order to provide consisteot counter service (both internal and ·external), we will begin assigned lunch hour times for both lucie and Candice each day beginning this Wednesday. One l.l lnch hour at 11:3Q-l2:~0and the otherl2:30-1:30 (up to both of you to w()rk outwho goes first, but once decidedi w'e will not deviate .unless cleared through rne ()r Rob.) The protocol for front counter serVice is for Candice to be the initial point of contact to customers. After determining the reason for the visit, a referralshalt be made to the appropriate staff/department. lucie is to provide backup if Candice is unavailable or if ~here are mul~iple custorner's the co1:1nter~ With each inquiry, please take down(~ .rnJ!i!~m) the first name, last-name, address and phone number ofthe person whom you are talki ~gwith. Please get as much information about the request as possible before assessing what department or staff member the request i:S going to~ At~o time sh~Ra member ofthe public be told "there's no planner here today'. IfAaron, Dawn or are not . here or unavailable, please calleither me or Rob up to the front counter, tfneil:het he or I available, the appropriate response is to ask to take a .;&fc,1/ft.~message (with address of property·and thorougr request) and let the person ~now someone wili get back to him/her that day or within 24 hours. Remember, publit reque:;ts are. not an interruptipn of our day :Or social lives;~¢.. j~~~~"e!1£/?l~dgx'"" Nirlfa is to .be u,sed as back up coverage as a last .resort; a.t Amy are In order to promote a professionaLenvironment(as the front counter of City Hall is a publiC area and work areas/statir.ms are visibl.e. by the.g~ne~f public}, we will keep the appearance dean iu1dprofessionaL Please take a space moment this week (by Friday) to organize and clean upWo.rks stations; counters. an.d personal and remove or teio~;:.Jtt;! any·persO[!(II items (pictures,', drawings, etc~) to minimize personal effects be.ing visible to t he public.. If you have any~uestions aboLt lhe above, please let me know,.. ThankyouJ Tra<:i COT/JA000150 (lily ?of 'Tulare- - Class Speci?cation Bulletin. Page. 4.0f 4 3' ENVIRONMENTAL ELEMENTS I Empioyees work in an of?ce Environment with moderate noise leve'is and contrcilled temperature canditions; but may occasmna?y be exposed to loud noise levels cold and hot temperatures, inclement weather canditions rcia?d hazards; vibration confining werRSpace chemicals mechanical endz?pr electrical hazards and hazardous physical substances and fumes. Employees may interact. with upset staff andr'or pubiIc and. pnvale representatives In interpreting and enforcing departmental! pciiCies and procedures 3,1 - 1.9 Fara?; ?Ini?m ?n?i?laaefw?? ?I'jf?r m} 1 51 TraciM~. t From: Sent: t _ -- · t _\5 · 11 -w lt u--.. Traci Myers Toz Thursday, August 03, 2017 5!42 PM Joseph Catlinl Cc: Heather N. •Phillips SubJect: Call toHCD Joe~, Per your request, I left a voice .mail atthe last number I hag for Harrison, which is the same number i found on the website. Again, 1 stand by h'ly comments 'to City Council on Tuesday night As a reminder, her~ ·s the chain of•events from my side of the story: · Staff worked with Mintier Hamish to complete the 2015-2019 Housing Element. The document was adopted April27, 2016. Staffwarked with a feWHCD repre$entativesas weworked ourway through the draft cjocument. One representative was ''Harrison". The consultant worked with the City up uhtil the documi:mt was adopted and approved by HCD in May 2016~ O~rlng the last 2 years, Staff was tasked with .the Housing EJement Update, General Plan update and lawsuit~ Consolidated Pf;:;m Update,. and Sl!bdivision Ordinance Revisjon and adoptiott There was Rob and myselftrying to manage the preparation Qf the~e documents as weU as mana·ge thi;'J day-to~day planning duties and manage consultants. Approximately last summer Or early fall of 2016, 1 recognized the fact staff would riot be iri a position fo complete the re~zone program for the Housing Element as provided in trye May 2.6 , 2016 letter. Therefore; J reached out to HCO {not our consultant) and spoke with Harrison aboutthe consequences of not completing the rezone program and how we ·could work together. ! was told that the rez~ne which was to be compieted by ·end of2016 was carry:..overfrom the prior Housing Element. (which ;had not been completed). That tM City should work towards getting as much of the te-zone completed a_s po$sible. That HCD would work with the City on deadlines, compltance, etc. I had informed Harrison we have a map of potential rezone sites but that it would be a process to get property owners on board and to get Ph~nning Commission approval. Now, te>day, council .member Nunley is stating •that I am lyilig abo\;.It my conversation with .HCD last year because I did not. get anything in writing. Conth;lry ~o the City Attorney's advice that we not coritact HCD because w~ Will be puton their radar for non~compfiance; at the request of Joe, lleft a message for Harrison to call me .so I Gan get something from him confirm.i.ng our- conversation last year. I cannot guarantee that he will remember any such conversation as he works with.severi:JI jurisdictions arid speaks to a nurn~er Gt staff members but if Lget in touch with him, I will certainly ·a sk, Let me remind you, we have NOT received a non~ compll~nce letterfrom HCD as of tod Sent: T9: Thursd~y, TraciMyers Subject Re: August 03, 2017 2:50PM Hi Trad, Your council member called me about an hour ago and l gave him the same message J gave you. I also reassured him that you are notthe only city in this position, and that itis a very onerous requirement. He seemed to calm down after I.reitergted the message a couple -Oftimes. l tried to call you moments ago to fill you in. Gall me if you would like, As far as·I know Harrison is still atHCD. I saw him there·a.t a meeting a few months ago. Hisphone·numberis 916-263•8673, but like I said, l wouldn't recommend calling him unless you absolutelyneed to involveHCD, -Chelsey Hi againChelsey, 1ust wanted to give you a heads up that our city attorney gave councilmember Greg Nunley your phone number. I apologize in advance. :/ Also, is Harrison still with HCD? Tharikyouso much foryour help. Traei Co,'nnui/iity & Econvmi(' Developmem Depu~v £irectvr COT/JA000154 Chelsey Payne; AJCP. Senior Project 'l'v{ana~er rs·~:~~--;~~ \ :;: <.:;.,.•:t }.~,~ · ··~· .; •.~;./!:;.; ~·1415 L 20th .Street 0 , . • • · • • •.) · Sacramento, CA 9581 1 P: (916) 446-0522 F: (916) 446-7520 www .mintierhamish.com __._~ - - ...~- """' - -·-··~- ~ COT/JA000155 Tra.c::iMyers From: Joseph Carlini sent: Monday, August 07, 2:017 11:59 AM Trac;iMyers To: Subject; Re: Call to HCD I agree, don't fetit gl;!tyou down we willjust move forward and getit widerccu'ltrol So J'm sure he's convinced still I lied .. :/ Nothing more 1can do Joe except move forward with getting the rezone done. From: Joseph Carlini Sent: Monday, August 07,2017 9:07AM To: Trad Myers <;J~~~~~~ g_o~> Subject: Re; Callto HCD Me too Sorry. From: Joseph Carlini Sent: Monday, August 0~, 2017 9:07AM To: Traci Myers Subject: Re: Call to HCD Harrison is gone Greg found that out already On Aug 7, 2017i at 9:02AM, Traci Myers <~.:j~~.l!i.£~~> wrote:. . .. . . .... ,. , ._ :· ::.·· ' ____ __ ___ -' Goad morning )Oe, As a follow-up to my e,mail to ydu on Thursday,August3'd, .I was out of tt)e office on Friday but as of1:his morning I do. not. have a return can frorn Harrison. From: TracrMyers Sent: Thursday, AugusrD3, 2017 5:42PM To: Jose~lf~ Carlini cc: Heather N, Phillips \•C.:f~~ri!> Subjet:t: Call to H.CD . Joe. Per yourrequest, Ueft iJ voice mail aHhe la$t ru.imberl had for Harrison, which is the same number I found on the website.. ~.· COT/JA000156 Again I stand by .mY comments.to City Coun ci!• on Tuesday nig,ht As a reminder, here's the chain ofevents from my side of the story: I Staff worked with Mintier Harnish to complete. the :2()1.5~2019 Housing Element. The document was adopted April 27. 2016. Staff worked with a few HCO representatives as we worked our way through the draft ~ocument. One representative was "Harrison"~ The consultant worked with the Qity up until the document was adoptedand approved by HGO iil May 2016. During thelast 2 years, Staff.was tasked with the Housing. El~ment Update. General Plan update and ·lawsuit, Gonsolidaied Plan Update, and Subdivision Ordinance Revision and adoption. There was Rob arid myself trying to manage the pr~paration of these documents aswe!hls manage .the day:-to,day planning dutie~ and manage consultants. .Approximately last summer or early fall of 2016; I recognized the fact staff would not be in a position to .complete the re-zone program fo( the Housing f;lementas ·provided in the ·May26, 2016 letter. Therefore; I reached out to HCD (not our consultant) and spoke with Harrison aboutth.e consequences of not completing the rezone program and how we could work togeth~r. I was told that the rezone which was to be completed by end of2016 was carry-over from the prior Housing Element. (which had not been completed). That the City should work towards getting as rnuch of the re-zone complet~cf as possipfe. That HCD would w_o tk ~he City on deadlines, complh:lnce, etc. I had informed Harrison we have a map of potential rezone sites but that it would be a process to get property owners on board ;:~nd to get Planning_ Commissionappn:waL · ··· w;tn Now, today, col.mcil member Nunley is stating that l am lying about my conversation with HCOiast year because I did not get .anything writing . • Contrary to the City.Attorney's advk;e that we not contact HGD because.we will be put on their radar for noncompliance. al the request of Joe; !left a message for Harrison to call rne so I can get something from tlim confirming our conver~a.tian last year. I· cannot guarantee that he will remember any such conversation as he works with several j urisdictions Md speaks to a mimber of staff membern but if f get in touch,W!th hlm, J wilfcerlainly asl<. Let me ref!lin~ we have. NOT rece.i ved a nori-complianceletter from HCD as ·OftQday;s date. ·The HCD website ·still showsJhat Tulare is IN compliance.. ·· in. you. ln:addltion., I spqke-wiJh Gherse.y Payne ofMtntierand Hamish tbis morning. Chelsey reassured me that we are not the only city in this position. and that it is a very onerous requirement. Furthermore;. Chelseyrecommemded t nofcall HGD uni~.Ss you abs,oiutely .IJ~edto in)lolveHCD, · We need to be prepared that by iny reaching out to HCO. this will raise a red flag about our not completing -the rezone. I am in 2 COT/JA000157 -~ ._ ..... ..,.,. ... ~ ~ ..... ~ ,-· ~: 'ii' -. - --~- -'-~---.-· · - --~.......Mo;-,; -""'"-- -- ·-· --~ .. ·~ ,. ..... ... ~ :..--:: :.. -:"''·· "·~-·----~ ,. ·-... ..; ,..__,__;._r: ; ,_., .... . - ~ ~---~--. -~ ~---- ~ ..... - - ... ~~·.-~ "!:-:'~ ...... ~ . ,. . ._. . . -# 'f - ... -- _,._ ... · ·;. ,.;;f ... .._; ;· .-..;. -. ~· · ~· .;.:'-...........;.",:. ::...;;;..,;.,1,: "~~·-~·~.:" ""~. -· --------- .,. t _..,., ..-_~:-~/,..; __ .:.... ,__, .. ~ ·/· ... ~'"~;.;-~_;;_~;:;.~:-~7:.- ,-:,~~~·:::::--:"_ ': . ·: _.:....,.,•. _. s,.. .......:..~--- .... ~· COT/JA000158 .;,; <:·. • I From: Sent: r . • ".. !...... Josh McDonnell Wednesday, August 16, 2017 3::as PM TCI: TraciMy~rs Subject: Housing Element conversation follow up We had a pretty long conve.rsation earlier regardingyour B/1 City Council meeting comments on Housing Element compliance. Justtofol/owup, the.se are the key points that should be focused on: 1} We need to.be carry ourselves in a more formal manner wnen in publiC. meetings; 2) lfyou1re not certain about the factuality of what you're saying, it's' ok to say "I'Uget backto you" or "I don'tknoW"; 3}1f something St:!riotis is raised·~ arid we know. that it's serious-' treat the issue on an eq.uaJfy serious basis (i.e. don'tbe "flippant", for Jack ofa better term). I realize that the conversation went kind of all over the place, so ljustw<;~nted to be sure to get you a dear message of what I'm looking for. Let's taikmore if you have any questions or justwant to discuss things i/1 greater detail. Thanks! Josh McDolulell I City ofTulare .. ·,......___,;""" ........_....,._..,._ ,..-.--..,.,- -~··... This e-mail (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. COT/JA000159 _Trad Myers From: Sent; T(): Subjt;?q: Traci Myers· Wednesday, August 16, 2011 5:54 PM Josh .McOonn~ll RE: Housing Element conversation .follow up HtJosh, Th;ank you for the follow~up e-mail and clarification. I am looking forward to working with you in the future to continue the department's rrianysuccesses! I am responding in writing to let you know I agree R~ with your key poin-ts setforth below and to acknowtedge I fully understand your direction. · ·· I feel it is important forme to note, with respect to the 8/1 City Council meeting and the housing element discussion, my response to Council during the counciltomn-terit period was based upon the following: • -~ • ·• During the Councifcoin ment period, there was some hostile exchange between Council member Nuriley and Council m·ember Macedo witnessed by staff as it related to how Council member Nunley poses questions to staff: Thereafter, Council member Nur'liey stated .5omething to. effedof, "okay Tradwtw qori'fyou cpme up and ~xplain the .housing element". . · · · 'felt singled outby the pointed questions in a publicforum in front of my peers and the publiC during a nonbusiness relat:ed Council comment sectlon, about why Ttllare Housing Element was "out ()f compliance". I was nervo.us .a nd a bitconfused because I had yetto seeanyofficialletter from HCD declaring Tulare's Housing Element "out of compliance/' As 1explained earlier, my personality is such that I try to take a negative and turn it into a positive and give reassu rance matterswill be b_andled and taken care of. I believe in my attempt to be posit ive and upbeat yet fee lin~ nervous and def~risive; that my response may have .been perceived as "flippant" or non-serious: . I meant no disrespect t-o, any ofthe Council members and certainly und.erstan awesome Community & EconotnitDeve-l opment Department! Traci Ftom: Josh McOonneH Sent: Wednesday, Augustlfj; Z017 3:28 PIVI To: Traci Myers Subject: Housing Element conver::sation follow up We· had a pretty long.conversation earlier regatding yow 8/l City Council meeti(lg comment> on HOusing Element cdnJ~Iiance . Just'to.follow up, these are the key points t.hat should be focused on: · ·;r COT/JA000160 1) We need to be carry ou.rselves in a more for mal manner when in publicmeetil)gs; 2) If you're n~t c-ertain aboutJhe factuality of what you' re saying, it's okto say "I'll get back: to you" or " I don't know"; 3}1f something serious is raised -and we know that it's serious- treat the issue on an equally serious basis (i.e. don~t be "flipPCI nt", for lack of a better tenri). to be Stlr:eto get you if dear message of. what I'm looking for. Let' s talk more if you have any questions or just wando discuss things in greater detail. l realize thatth~ conversation went kind ofaU OVfi!r the place,_so l jus{ wanted _JosbMcDo~!}ell LQ~ty ofTulare _ :... ....o:- ~ ' .~:.:~::::- ""'oi~ct;;-~-·.~--"-~": ~ ~- Community and Economic Development' - · ·· •• • ,u --- ---~ -:':':':"..:- : _ _, :,. ••• . - ~-- - 0: (55'11J (>8..J ·:lJOJ CityofTuiarl) r:: (s.s9) li$s-563; .iJ.ru"~-~il\ii.wJ~ 4-l l-1'.; Kc.rtl • · . . - .:. Tukm:, 0\ 93274 this e.rnail (and ottoihmen.t~ if any} inoy be subject to the .California Public Records Act, and os such may tHerefore be subj~tt to public disClosure unless otherwise exempt tmder the Act. . . ., . .. . .. . .. 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COT/JA000165 . ··comniul"lity & EcoriOmii:fOevelopment Department ···· MEMORANCJUM TO: File FROM. Traci Myers, Community & Economic Development Deputy Director RE: Follow-up to Conversation with J Karfie re: Gouncil member Nunley DATE: July 20, 201!3 · On July 20, 2018 at approximat~ly 4:oopm, .John Karli~ came into my office to notify me he had red-tagged a home in the Bella. Oaks .subdivision that Council member Nunley iswor.king. on. The reason for the notice was that the contractor was beg[rming to install dryWo:lll over the .e lectncar and plumbing without having requested and passed the electrical/plumblng inspeotiork John Karlie further stated that Council member Nunley 'Alas irate and wants to speak to Acting City.Manager Willard Epps. After ~peaking wittl Mr; Epps, Council member Nunley was more irate because Mr. Epps supported staff's decision for the red· tag. Co!Jncil member Nunley is hel:!rd to have said he now wants to •fire" Mr. Epps and bring in Dc:nlene Mata as City Manager. · · even !.forwarded an e:-maiHo my difect supervisor, Josh Mcponnen andto·Mr. Epps on this same date. · City .C,f tulant 411E Kein Avenue, Tulare CA 9"3214 COT/JA000166 Traci Myers From: Sent: To: Cc: Subject;-' Attachments; TradMyers Friday. July 20, 2018 3:46 PM Willard Epps Josh McDonnell FW: Stop work notice IMG_4~l6jpg; }\TTOOOOl.txt Gqod-afternoon Sir, Just as an FYI, johnKarlie issued a stop work notice/red tag on a home in the Bella Oaks subdivision t~atCoundl member Nunley is working on. The reason for the notice was that the contractor was beginning to install drywall over the electrical and plumbing without having requested and passed the electrical/plumbing inspection. --original Message--From: lucie Brown Sent: Friday, July 20; 2018 3:41 PM To: Traci Myers Subjept: Stop work notice ---Original Message--From: John Karlie [mailto:johnkarlie@sbcglobaJ.netJ Sent: Friday, July20, 2018 3:36PM To: Ninfa Conde ; lucie Brown Subject: :.1 COT/JA000167 . . .- . "u .I- a . . . ut?l- I a Dan Rowley From: Sent: ·To: Janice Avila Monday, October 22, 2018 12:24 PM Dan Rowley Mario U. Zamora FW: Fwd: Cc: Subject: This apparently happened on Friday. Jan ice Avila Human Resources Director 411 E. Kern Avenue. Tulare, CA 93274 Tel: 559.684.4203 Fax: 559.685.2398 Email: javila@tulare.ca.gov "Unless someone like you cares a whole awful lot, nothing is going to get better. It's not." Dr. Suess From: Josh McDonnell Sent: Monday, October 22, 2018 12:20 PM To: Janice Avila Subject: FW: Fwd: From: Josh McDonnell Sent: Monday, October 22, 2018 11:22 AM To: Willard Epps Cc: Mario U. Zamora Subject: FW: Fwd: Hi Willard, Per your request, I asked Traci to get statements from the counter staff regarding John Karlie's interaction with Greg Nunley's employee, Trampus, last Friday at the Community Development counter. Their recollections of the events are below. According to the three staff who were present (John, lucie, and Ninfa), John and Tram pus engaged in a lighthearted conversation and Trampus left with a smile on his face. Please let me know if you wish me to do any additional follow up on Mr. Nunley's complaint. As far as i' m concerned, the allegation that John harassed Mr. Nunley's staff is both meritless and retaliatory. Thanks, Josh From: Traci Myers Sent: Monday, October 22, 2018 10:55 AM To: Josh McDonnell Subject: RE: Fwd: 1 COT/JA000171 Good morning Josh, Per your request, I spoke to Melissa, Ninfa and Lucie (each at separate times) and had them provide me with their recollection of events on Friday as it related to the exchange between John and Tram pus. Melissa said she did not hear any exchange; either she was not up at her desk at the time or she did not pay attention to what was being said . Ninfa stated she did hear John make a comment to Tram pus about " his boss" but that she recalls John saying something like, " Is your boss upset (or angry)?" She said Trampus did not seem upset or angry at John. Lucie said Tram pus came into the front counter to drop off truss calcs. John was up front by the filing cabinets. She recalls Trampus making a statement to John in a playful tone, "don't shoot the messenger." To which John replied something like, "is your boss upset?" She said Trampus and John exchanged some additional comments but very lighthearted. (she said Trampus even acted like he was ducking down below the counter) She said Trampus left with "a smile on his face." Jf yo u need anything further, please Jet me know. Traci From: Josh McDonnell Sent: Monday, October 22, 2018 10:28 AM To: Traci Myers Subject: FW: Fwd: From: Mario U. Zamora [mailto:zamora@griswoldlasalle.com] Sent: Friday, October 19, 2018 12:45 PM To: Josh McDonnell Subject: Fwd: Did this happen? Mario U. Zamora zamora@griswoldlasalle.com Griswold, LaSalle, Cobb, Dowd & Gin, LLP 111 E. Seventh Street Hanford, CA 93230 T: (559) 584-6656 X 109 F : (800) 948-6085 ----------Forwarded message--------From: Greg Nunley Date: Fri, Oct 19, 2018, 12:40 PM Subject: To: Mario U. Zamora , Cc: , Willard, This just happened. 2 COT/JA000172 My employee went went in to plans at the front counter. In front of the three girls there John talks loud across room and says "how did your boss like that email" about gas line. This is very uncalled for and unacceptable. I would like statements immediately from the girls of John antagonizing and harassing my employees publicly. Sent from my iPhone 3 COT/JA000173 6 Dan Rowley From: Janice Avila Wednesday, October 31, 2018 11:46 AM Dan Rowley FW: 2590 Diamante Dr. (Nuniey Residence) - Gas line inspection Sent: To: Subject: Another complaint filed you might want to follow up on in your investigation. Janice Avila Human Resources Director 411 E. KemAvenue, Tulare, CA 93274 Tel559.684.4203 Fax: 559.685.2398 Email: javila@tulare.ca.gov ((Unless someone like you cares a whole awful lot, nothing is going to get better. It's not. " Dr. Suess From: Josh McDonnell Sent: Wednesday, October 31, 2018 10:48 AM To: Janice Avila Subject: FW: 2590 Diamante Dr. (Nunley Residence) - Gas line inspection You shoufd have been cc'd as well. From: Traci Myers Sent: Wednesday, October 31, 2018 10:37 AM To: Josh McDonnell ; Mario U. Zamora Cc: Willard Epps ; John Karlie ; Tyler Dodson ; Mike Bruening Subject: 2590 Diamante Dr. (Nunley Residence) - Gas line inspection Good morning, I wanted to make you aware of events of this morning and the exchange between Greg Nunley, Tyler Dodson and Mike Bruening. Tyler and Mike went to the residence at about 8:45 this morning to perform a scheduled gas line inspection. Nunley was on site. When they arrived, they saw that the gas line has not been exposed contrary to previous correction notices provided to Nunley stating that the line needed to be exposed in various iocations for inspection. Tyler informed Nunley he needed to see where the tracer wires were located and how they were wrapped and needed to see the riser. This is when Nunley began arguing with Tyler and Mike telling them that the gas line has already been approved and the city only gets "one shot" at an inspection. Both Mike and Tyler tried to telling Nunley that they don't want to rehash what's happened in the past; they were there to respond to an inspection request on the gas line called in by Nunley. Nunley then began discussing the merits of the lawsuit. He stated "all of this is going to come out in the lawsuit with the City and John." He claims John has been out to his house "over 200 times". He then questioned Mike and Tyler about how long they've been inspectors. He made a comment to the effect, "Tyler you've only been inspecting for about a year. And Mike, what? Only 6 months? Well, I've been doing this for years and I know more about the codes than John Karlie." Nunley then accused Mike and Tyler of "harassing" him by making him do corrections more than once. He started comparing corrections notices written for Jim Robinson and how he feels we're being harder on him (Nunley) 1 COT/JA000175 than Robinson. When Tyler and Mike tried to tell Nunley that they treat everyone fairly, he did not want to hear it. He kept accusing them of harassment. At this point, Tyler told Nunley, "you know what? I feel harassed by you by you calling my bosses' boss to complain about the job I'm doing." Nunley then said he is " absolutely not" going to provide calculations for the fuel gas piping size as previously requested on a correction notice. He remains adamant that he has done nothing extra to his house that is not on the plans. However, Mike, Tyler and John state that what was a garage on the plans is now either a showroom for cars and/or gym. Another garage shown on the plans is now a family gaming room . At the end of the inspection, Nunley said he would expose some of the gas line today and call back in for an inspection tomorrow. Both Mike and Tyler have expressed to me that they get anxious and sick to their stomachs knowing they have to go out and face Nunley. I told both Mike and Tyler to not engage with Nunley on matters relating to anything else but his inspection. However, when they try to stop Nunley from talking about other matters, it seems to only agitate Nunley further. I would recommend we discuss the following options: Retaining an outside consultant to perform inspections on all Nunley projects; or Empowering our staff to let Nunley know they are only there to perform inspections and not to discuss the lawsuit. If Nunley persists on arguing, rna king threats or discussing the merits of a pend ing lawsuit, the staff has the ability to end the inspection and leave the job site. If you have any further questions, please let me, Mike or Tyler know. Tracl Myers Community & Economic Development Deputy Director Ci ty of Tu lare 559.684.4230 tmyers@tulare.ca.gov 2 COT/JA000176 EXHHBET 7 1 ha(:pre:i to l1Bke - I1Bke a apy of. 1 cx:cl.d .l'liM! :t:eard it at a (Exhibit 8 w:~S llBrka:i for id:ntificatim.) 2 2 3 BYMt UME gave m K-TIP m lt:M:nter 6, 2017. hrl just so y.::u \.JlErstand, this isn't a ~ repxt. 'lOOse are his w:mlS transc:r:iJ::aj by t.te 9 tbi, I really \oErtt to focus y.::u m Page 2, 10 J. Q. So there's frur itars !:era. Yru have ro 2 OO!IlUlicatiCIJS of as elliy as lbJarta' 22 Q. MidlaelMiller? 23 A. MidJael Miller. 1rere w:~S Sa - \>hat is his 24 2 4 nate? Ha Is a - Q. 25 6? A. l1:l cruld have lJaard that - like I said, re 13 A. Ch, j'S3h.. 14 a. "lthl did re p.It pressure 15 Was it nore thm me 16 A. Yeah. 17 Q. 18 A.~- m )U1 to discipl:ire? E!Ipl<¥'le? Ibl IlEilY'? Q. l'ha.t are tha nanes? A. 'Ihrre w:lS Tra::i Myers. Traci Myers. lilat is 21 his nate? Mike, tre erY,Jireer. 19 20 re' s a planner. I can't 25 nare. Ha - he's - l:e 1s Hisp3nic. l1:l 158 rmarrer his \>aml glasses. I 160 157 MOORE COURT REPORTERS (559)732-3225 COT/JA000178 1 CCIJ.It 2 saret:hirrJ Eilile? A. Wall, h:! just- }0.1 ~siticn of .bsep1 carlini en O:±d:er 10, 2018. Off th:! n:rord 4:14. ('!be ~ w;mt off th:! record.) VI:IE::GWH.R: This b:lgins !lEdia three in th:! dap:>sitim of .bsep1 carlini m O:::td:er 10, 2018. Q1 the record 4:44. 15 BY Mt IllM:E 16 17 18 ~9 2o 21 22 23 24 25 bili~Ml 11 11 11 7 A. (N:xis ffil:i. ) Q. J\nsr..er au:tihly. A. Yes, ahsolutely. 10 11 12 13 14 15 w= left off with w= w=re tal.lciu:J atx:ut p;qll.e that }0.1 cruld idrtify that Co.n:::ilmm tb\ley h3d pressmrlPJ to clis::ipl..ire or temrinate . .Arrl yru lai rmed three: Traci ~. Michael Miller - 1U1 lai I'Ja!lBi oo, an:! fun off tre record w= 've natei arot:rer, Nick Bart.sch, an:! I think's that ~ B-R-T-5-C-H [sic]; is that oorroct? A. B-A-R-T-<:-H (sic]. Q. T-<:-H. Okay. Md tbere w=re oo ot1ers lfilse narres j'O.l can't Q. All ri<]rt:. I 11 16 17 18 ~9 20 21 22 23 24 25 Q. Oley. All right. Vhat .Atmt Mi.dJae1. Miller? Vhat did re say atx:ut Mi.dlael? A. Pretty mrll tre sate th:in;J, ''<£t rid of him. I rrean, trey're just .i.o:xnp:tent cbllstairs. 11 I rrean, re \\8S pretty blatant ab:ut it. li! told W'rever 'AOJ!d lista'l, 1U1 kra-1, ''Irey're .i.o:xnp:tent. 'lhey mrl to with rer - rer q!i!lifirnticns. H: felt that .sffi YB.Sil't q.alified for the jcb arrl l4w did w= give it to IE', arrl I l :ta:::k real q..ri.cldy18 A. Yru km¥, it is vilat it is. I rrean, yc:u kn:w, 19 as unfortl.mte as that is, I IIB3I1, that's W!at it is. 20 Q. I 1\e!lt to go l:ock to ere ~ area of :inpiry, 21 arrl I think I'm go~ to :00 cma, unless sarelxdy m ll'o/ 22 siOO says I rarl to ask nore qoostims. 23 So \..e talkai a little bit alnrt: JOJr interview 24 with t:re d:Lstrict at:t:o.trey investigators, arrl I \as, "Yes. " "Did yc:u - did yc:u see tre 6 altercatim?'' ln:l tre .Cil.S\..er ms oo b:cause I W3S in tre 1 . h:dc. ln:l that ...as tre em.. ~Y said, ''Ib JO.l m:w 8 acrjt::I:J:J:j llhJ w:lS in that IOOn that l>.e m:iy \t, Your statements t~ Nfr. Hunt included statements, which tht1ugh ·notque:U:d exactly as the call Was not recol:ded, were a$ follows: "'You and Trac:i are Don's puppets and y<)u can kiss roy ass, in faot, you and the City of Tillare <:l;Ul gted by City start Should yuu: requtre in pe1$on visits to City Hall, please set up 81) appoint:nleilt .in advance SO more than- on~ staff li'!emper ca,n b~ present at'the in-p~OI),;I'nUtiJig. . .. .· . . ' J .M.artitr D, ~~ -·: /:r~ ·. CityAttQm~y Ce.: Mayo.l'. Couneil Members Do:n Dorman. R.ub.,Hunt · ,. '. COT/JA000183 9 December 13, 2018 Notes from Meeting with Josh McDonnell, Tyler Dodson and Mike Bruening SUBJECT: Interaction with Greg Nunley- Tyler Dodson and Mike Bruening On Monday, December 10, 2018, Mr. Nunley called for an inspection on his personal property. The inspectors were not able to do the inspection on Tuesday. On Tuesday Mr. Nunley called Rob Hunt to raise a complaint about the inspectors. On that same day, Mr. Nunley called for another inspection and asked for a PM inspection. Because the inspection was not able to be made on Tuesday, the inspectors decided to do the inspection early on Wednesday morning. When they arrive, they found (Nunley was working on) a gas line leak, the cement was dug up around the water heater area. Mr. Nunley told them that he had found a leak and were repairing it. Mr. Nunley called for another inspection today, December 13, 2018. When they arrived yesterday, Mr. Nunley accused them of putting a stone in his gas line. Mr. Nunley further stated that he had it all on camera. ( Nunley also said, "everything will come out it court" Tyler told him that this was not true and he wasn't going to listen to (anything he thinks we did or didn't do or about the court stuff') to that. Mr. Nunley then changed his attitude towards them. Both Inspectors, Tyler and Mike, went to his property today for another inspection. Mike told Mr. Nunley that he needed to check pressure per requirements. (Per the California Plumbing Code, a piping system shall be tested as a complete unit or in sections. Under no circumstances shall a valve in a line be used as a bulkhead between gas in one section of the piping system and test medium in an adjacent section, unless two valves are installed in series with a valved "telltale" located between these valves.) Mike reiterated the requirements. Mr. Nunley said- "I am not doing it- it is a waste of my time and my plumber's time. You guys make me jump through all these hoops." Mike told him he needed to have (valves) separated based on code. Mr. Nunley got extremely upset and said "This was bull-shit- John is just fucking with me and you are fucking with him.: He further stated "John's time is coming and so in the tuck is yours, you guys and get the fuck off my property." It was Tyler and Mike's impression that he was volatile, hostile and just immediately exploded on them and they both felt threatened. After his outburst, Mr. Nunley turned and walked away and Tyler and Mike left the job site. There were no others at the job site or witnesses. They did not respond to Mr. Nunley after his outburst, they simply walked away and left the job site as they have been instructed by Josh McDonnell if this situation happens. COT/JA000185 • I • .... • .... • • .. ' I • • • • -. EXHIBIT 10 I • ..• •• • ••• • COT/JA000186 Dan Rowley From: Sent: To: Subject: Tyler Dodson Wednesday, January 23, 2019 5:11 PM Dan Rowley FW: Nunley PRA re emails from 1/1/18 to present JK, TM, JMC, CA, TD, LB, NC & ML Hello Mr. Rowely, 1 had asked for emails and had to wait 5 weeks to receive them. But Nunley asked and he has a time frame of when he should receive them . I feel I am still being harassed by this man. All I am doing is my job. I don't know if this is helpful but thank you for your time. -----Original Message----From : Tyler Dodson Sent: Wednesday, January 23, 2019 5:02PM To: Roxanne Yoder Cc: Traci Myers (tmyers@tulare.ca.gov) Subject: RE: Nunley PRA re emails from 1/1/18 to present JK, TM, JMC, CA, TO, LB, NC & ML Hello, It seems once again Greg Nunley is receiving special treatment. I had ask for public record documents November 21rst. I had not been notified at all of a t ime frame when I would receive the documents. (Policy stated 10 days.) I finally received them on January 17th on ly from me asking. And if I ask for emails from Nunley to Mario is it fair that Mario was the person to review the emails.? These are t he many questions I have regaurding my public record document request. Why is there a due date for Greg Nunley Public record request. -----Original Message----From: Roxanne Yoder Sent: Wednesday, January 23, 2019 3:56PM To : Traci Myers ; Chontelle Adney ; Tyler Dodson ; Lucie Brown ; Ninfa Conde ; Josh McDonnell Cc: Mario U. Zamora ; Kaydee Gomez (gomez@griswoldlasalle .com) ; Me Iissa Hermann Subject: FW: Nunley PRA re emails from 1/1/18 to present JK, TM, JMC, CA, TD, LB, NC & ML Importance: High GreetingsJason is already working on City related emails as requested per the below PRA. I am asking you to search your personal email for emails related to correspondence from or to Mike Lampe. If you have questions regarding this please contact our Interim City Attorney Mario Zamora. If you do not have emails on your personal devices/accounts I have attached an affidavit for you to complete related thereto and return to me. "All em ails and electronic communications between John Karlie, traci Myers, Josh McDonnell, Chantelle adney, Tyler Dodson, Luci brown, Ninfa conde and Mike lampe since January 1 2018 to the present time." Thank you, 1 COT/JA000187 · ~----Original Message----From: Roxanne Yoder Sent: Wednesday, January 23, 2019 9:48AM To: Josh McDonnell ; Jason Bowling ; Melissa Hermann ; Mario Zamora ; Kaydee Gomez (gomez@griswoldlasalle.com) Subject: FW: Nunley PRA re emails from 1/1/181:0 present JK, TM, JMC, CA, TD, LB, NC & ML Please see the below PRA from Greg Nunley requesting emails and electronic communication for John Karlie, Traci Myers, Josh McDonnell, Chontelle Adney, Tyler Dodson, Lucie Brown, Ninfa Conde and Mike Lampe from January 1, 2018 to present. A response is due on or before 2/1/19. -----Origin aI Message----From: Gvlandco Sent: Monday, January 21, 2019 4:07 PM To : Roxanne Yoder ; Mario U. Zamora Subject: Roxanne Please accept this public documents request for the following; All emails and electronic communications between John Karlie, traci Myers, Josh McDonnell, Chantelle adney, Tyler Dodson, Luci brown, Ninfa conde and Mike lampe since January 1 2018 to the present time. Sent from my iPhone 2 COT/JA000188 EXHEBET j. E. 1 this year. MR. LAMPE: 2 3 March 20, 2018 . BY MR. WILKINS: 4 Q. Okay. Did you have any ro le in that 5 termination? 6 A. Can you define -- 7 Q. Do you know why he was terminated? 8 A. No . 9 Q. Okay. Did you participate in any - - participate 10 in any meetings where the decision was made to have him 11 terminated? 12 A. 13 ~-15 Well, the decision was made by the ci t y council, and so, no, I -- no. Q. Okay. Have you ever heard anyone express any criticism of Mr. Carlini in any respect? 16 A. Yes. 17 Q. Who? 18 A. Many, many people. 19 Q. Sure. 20 A. Janice Avila, the human resources director ; Specifics -- 21 members of my staff; other department heads. 22 I can think of. 23 24 25 Q. That 's all Did you ever express any criticisms of Mr . Carlini? A. Yes . MOORE COURT REPORTERS {5 59)732 -3 225COT/JA00019078 1 Q. Did you ever find him to be dishonest? 2 MR. HERR: Be dishonest? 3 MR. WILKINS: Dishonest, untruthful. 4 THE WITNESS: I'm sorry. It was one question, 5 did I ever find Mr. Carlini to be dishonest? 6 BY MR. WILKINS: 7 Q. Yes. Did you ever reach the conclusion based on 8 any experience you ever had with him that he was in any 9 way dishonest or untruthful? 10 A. Yes. 11 Q. Okay . Have you ever heard anyone else express 12 the view that they found Mr. Carlini to be dishonest or 13 untrustful or untruthful? 14 A. Yes. 15 Q. Who? 16 17 18 Who, other than you, has expressed that opinion? A. I can't recollect, but I do feel that I've had that discussion with individuals. 19 Q. Okay. 20 A. I don't recollect who specifically. 21 Q. All right. Other than Mr. Carlini, anybody else 22 that you understand that Mr. Nunley has ever criticized 23 at the City? 24 A. Uh-huh. 25 Q. Are you aware of any of them being terminated? COT/JA000191 MOORE COURT REPORTERS (559 ) 732-3225 79 EXHEBET 12 Ma 33- .Q) Lucy Arruda HelfoJohn When you're free can you please caU me. Yesterday 11:07 AM Good morning John, I have the corrections for the finaf at .3031 ~ndroill Court. Can I get a temporar}' certificate of occupancy so I can move my stuff back in and caY in for final inspection on Monday. Thank you One more question Can l ren1ove the red tag? Thank you so much COT/JA000195 -- •• ... .. • • • • ···-I • ...... ..• -- ~ :J. - • -- 1 •....•• • • EXHIBIT 14 COT/JA000196 BUILDING DEPARTMENT BUILDING DEPARTMENT CITY OF TULARE CITY OF TULARE C 0 R R E C T I 0N Job located N 0 t I C E! at~f':itJ"C> ... lfi~l£ ..:·· . ·-~ 1\C~ . Psa~ -- ,, ~bCic) ·A4lfE -. -- ,.. --~~~ , :_f:;eQ~ (i _. .. _ Type of Inspection N 0 T I C E! C 0 R R E C T I 0 N . • .E«t<&. _ ··__f ~ _··-·· -... --- . ~ ~ ·-. - ~ -~ - . ~: ··_ :··...,., ·------...,;...;...~~~ -·-~ --" .,. _ . . ......... I have this day inspected this structure and these-premises and have found the following violations of City Building Codes: 1) , ~IJJtti:: . _ ~ tJc«~ fAJJ.. :l:lJ!. ~.e~~'I;FCN _- 7 ~)~: ~-;:~ j& -_0;!"~:-~'<- ' m . Si J ·_-~t.t~t.~'4t:~E ' .. . ' A':: ;• - .-.. ....- ._._ sea~H . &n;t --' '" ""<'"'"' . . . . ._ • , ......, ' ~~-~vi8·~ _.4<._-_.:re_ g~_ .r_~ r ~~~ _ :~:~ ·-- ~;.,~~ . -~-- ~~ • ·· o··; ;,, _.........,. ____ ----------------"-------_......,__~~ • ':~ I '' • • ,., . , ' - =- - ~ -- ~ -~t·= .·.: - ... , , , __, __ · · :--:::- ····. • . .... __.__ .___::•· uv 'J ._-iV!fll..'9L --- - --'~~~~~-~~ - ~-4~~. ~-. _-:, -_Eifte. - _--. ~- ., . .. _stio&&~ .. :·::~. ,.;:>._ ··:::: -•ur·· -· .: - ·=·· • : :... •: ~ -- •. .• . I . " ' •· --- '-''-,~ ' .•. You are bereby notified that no mote workshall be done upon these premises until the above violations. are corrected. When corrections · have.been made, call for inspection. DATE -[/· t.~ J.6 ·· - · · ---. - "'- ''7~d· -·2~-·~ di/J.tf ._ -hispector for Building Dept . --~- -- - -- ·. ·- ': CALL FOR REINSPECTION- 684-4270 4-1L -. jS~I~TJ' . _ .. , o .lbt. ·r: J-1/91/P" -- c/Pr:.. -s- .J PdR - .& ?Jr"IJi! -..: P(:/ -.. : -- :·· _: ---- . : . :::·.. ':_-···-. :· ..... _,··:·: -. . . -,-· _'"~. . ·- .. ·- . . ' '-.; . , . _ OTJ9.6iii?: "- -~-~---· ( . ,__-.,.:-..~ ' ------t ~--- --<~r--· ·.-.~-;-·_· c.· : . -~- ·-·· -- -- - ~ ;;. -- ------ - .·:-·- -..··· ~- ----.. -- . CALL FOR REINSPECTION- 684-4270 You are hereby notitled that no more work shall be done upon these premises until the above violations are corrected. _When corrections have been made, call for inspection. DATE },d;~_ l,j · t(J ~dJJJSQ~~InspectOrfor Building Dept. COT/JA000197 s~. , .-.· ""' ·- · · · -··· .• .,.• BUILDING DEPARTMENT CITY OF TULARE C 0 R R E C T I 0 N JobJocatedat~-:2.s;''9tQ Typeoflnspection .. BUILDING DEPARTMf:NT CITY ·o F TULARE C 0 R R E C T I 0N N 0 T l C E! Job1ocatedat, ,:J .5~9 Q,r tiw:r2t ·- _. _l:;!tl&'-_ Ml' :@.a_ e*~6 - __ rype of Inspection I have this day inspected this structure and these premises and have found the following violations of City Building Codes: k/.ctti.r~c :tl~) . !=~A6tGi ... . -···· , "";:··.: " .• r -- - ... , ,. ... • ·~ ' , ' • _ :f --~=~-=-:-,-- ., •.,- .. --....., · -- .:·. -~~ ~ --- =- ' ;·.· . . -·- :, ,,_.,... o;···· ·- ..... , ·· · ··- --~ ,; : ~ ~. " ' <: ·-. .s~····\tfl .. E'tucC~~, : B~\'l:g:ot\;.t· _,-_ Pkil:IN~ . e-Nq ,;t; rl.f~ t/!.G'- CTM_'f't__,e ftcW ~J¥,ett.~;ttur ttet!¥~~ ·~••J.e::· . -..~.t.,f.t. ~!\!·&· _.~-& ~;(~- Hn~' . ,fte ·-L.2 :<:! ;! a \J:i:;.bg·t~-·a n .':; 6:1.::r. [NFPA54:7.1.7.3] 1210.2 Installation of Piping. Piping installed aboveground shall be securely supported and located where it will be protected from physical damage. Where passing through an ex-·~· terior wall, the piping shall be protected against corrosion by .. coating or wrapping with an inert material approved for such applications. The piping shall be scaled around its. circumfer- .,. ence at the point of the exterior penetration to prevent the : entry of water, insects, and rodents. Where piping is encased : in a protective pipe sleeve, the annular spaces between the · gas piping and the sleeve and between the sleeve and the wall·l' opening shall be sealed. [NFPA 54-12:7.2.1) .· 1210.2.1 Building Structure. The installation ofgas piping shall not cause structural stresses within building components to exceed allowable design limits. Approval shall be obtained before beams or jQists are cut or notched. [NFPA 54:7.2.2] Permission shall be obtained fi·om the Authority Having Jurisdiction. _ 121lJ..2 2 l.as £"!ping h~ 'Jl.ated from IDe piping system by closing the individual appliance or equipment shutoffvalve(s). ~:?A$4:8.1.3.5] 1213.2;6 Safety. Testing ofpipin~ systems shall be per" fOrtned in a mai-uwr tlu.tt pmtects the safety ofemployees and the public during the test. [NFPA 54:8 1.3.6] Ul3.l Teat .Preman. This insp.ec:riou aled,.inclu* aa ·air. Co.. or~ pr8uiaB tr.st, atdU.ch iitw1tls:gas pPiua>lbali stand a pi:essule efnot less than to psi ~ kPa) gauge preti8UI'C!l. Test Pfe!ISW'l:S shall be held .for a :klngth oftilne ~to the A~ Ham& Jurtsdlction, btltln no case t . tbu 15 mitmtes wfllt no perceptible drop in pressure. For welded pip~& and fur ptptng carrying gas at pressuros ln excess of 14 inches water cohlrml ~ (3.5 ~ the teat JIIUSUW shalt be not less than 60 psi (414 kPa) aml shall be OCGtinued fbt a lcogdt oftime satisfacmry t0 the Authority Ravimg Jurlsdictien, but il'll no. ease for less than 30 mm . • llte·s. . Fm CSST cattyl . ng gas at~ ia excess of 14 inc::hes water column (3.5 kfla) pres. ~ t11¢ test .~re shall be 30 psi ('WI kPa.) &r 3tJ ~. I 232 These tests shall be made using air, col, or nitrogen pressure and shall be made in the presente of the Authority Having Jurisdiction. Necessary apparatus for conducting tests shall be furnished by the pennit holder. Test gauges used in conducting tests shaU be in accordance with Section 318.0. 1213.4 Detection of Leaks and Defects, The piping system shall withstand the test pressure specified without showing evidence of leakage or other defects. Reduction of t~st pressures as indicated by pressure gauges shall be deemed to indicate the presence of a leak unless such reduction is readily attributed to some other cause. [NFPA 54:8.1.5.1] 1213.4.1 Detecting Leaks. The leakage shall be located by means of an approved gas detector, a noncorrosive leak detection fluid, or other approved leak detection methods. Matches, candles, open flames; or other methods that provide a source of ignition shall not be us!:<~. [NFPA 54:8.1.5.2] . 1213.4.2 Repair or Replace. Where leakage or other defects are located, the affected portion of the piping system shall be repaired or replaced and retested. [NFPA 54:8.1.5.3] 1213.5 Piping System Leak Test. Leak checks using fuel gas shall be permitted in piping systems that have been pressuretested in accordance with Section ~213.0, [NFPA 54:8.2.1] 1213.5.1 Turning Gas On. During the process of turning gas on into a system of new gas piping, the entire system shall be inspected to detennine that there are no open fittings or ends and that valves at unused outlets are closed and plugged or capped. [NFPA 54:8.2.2] 1213.5.2 Leak Check. Immediately after the gas ~s turned on into a new system or into a system that has been initially restored after an interruption of service, the piping system shall be checked for leakage. Where leakage is indicated; the gas supply shall be shut off until the necessary repairs have been made. [NFPA 54:8.2.3} 1213.5.3 Placing Appliances and Equipment in Oper-: ation. Appliances and equipment shall not be pl,aced in operation until after the piping system has been checked in accordance with Section 1213.5.2; connections to. the appliance are checked for leakage; and purged in acc()rdance with Section 121~. 6. [NFPA54:8.2.4] 1213.6 Purging Requirements. The purging of piping shall be in accordance with Section 1213.6.1 through Section i 213.6.3. [NFPA54:8.3j 1213..6.1 Piping Systems Required to be Purged Outdoors. The purging of piping systems shall be in accordance with the provisions of Section 1213.6.1.1 through Section 1213 .6.1.4 where the piping system meets either of the following: (1) The design operating gas pressure exceeds 2 psig (14 kPa). (2) The piping being purged contains one or more sections of pipe or tubing meeting the size and length criteria of Table 1213.6.1. [NFPA 54:8.3.1] 2016 CALIFORNIA PLUMBING CODE COT/JA000207 FUEL GAS PIPING )) 1212.4.3 Flexible Connectors. Where flexible connections are used, they shall be of the minimum practical length and shall not extend from one room to another or pass through walls, partitions, ceilings, or floors. Flexible connections shall not be used in a concealed location. They shall be-protected against physical or thermal damage and shall be provided with gas shutoffvalves in readily accessible locations in rigid piping upstream from the flexible connections. [NFPA 54:9.6.3.4] )) 1212.5 Appliance Shutoff Valves and Connections. Appliances connected to a piping system shall have an accessible, approved manual shutoff valve with a nondisplaceable .., valve member, or a listed gas convenience outlet Appliance . ; shutoff valves and convenience outlets shall serve a single ap• pliance and shall be installed within 6 feet (1829 mm) of the · appliance it serves. Where a connector is used, the valve shall be installed upstream of the connector. A union or flanged con., .nection shall be provided downstream from the valve to per~ mit removal of appliance controls. Shutoff valves serving ..·decorative appliances shall be pennitted to be installed in fireplaces where listed for such use. (NFPA 54:9.6.4, 9.6.4.1] Exceptions: (!) Shutoffv~!Yes shall be ~ermittcd to be acces.Sib!y 1oceted inside or under an appliance where such appliance is removed without removal of the shutoff valve. (2) Shutoff valves shall be permitted to be accessibly located inside wail heaters and wall furnaces listed for recessed installation where necessary maintenance is performed without removal of the shutoff valve. )) 1212.6 Quick-Disconnect Devices. Quick-disconnect devices used to conhect appliances to the building piping shall I be listed to CSA Z21.41. Where installed indoors, an approved manual shutoff valve with a non-displaceable valve member shall be installed upstream of the quick-disconnect device. [NFPA 54:9.6.5] )) 1212.7 Gas Convenience Outlets. Appliances shall be permitted to be connected to the building piping by means of a listed gas convenience outlet, in conjuitction with a listed appliance connector, installed in accordance with the manufacturer's installation instructions. Gas convenience outlets shall be listed in accordance with CSA Z2l.90 and installed in accordance with the manufacturer's installation instructions. [NFPA 54:9.6.6] )) 1212.8 Sediment Trap. Where a sediment trap is not incorporated as a part ofthe appliance, a sediment trap shall be installed downs~an,tofthe appliance shutoff valve as close to the inlet dtJbe.:~pti~' ~~~ttal, before the flex connector, where \1~ the tJme M' .,liance installation. The sediment trap shall be either a tee fitting with a capped nipple in the bottom outlet, as illustrated in F igure 1212.8, or other devtce recognized as an effective sediment trap. Illuminating appliances, ranges,. clothes dryers, decorative appliances for installation in vented fireplaces, gas fireplaces, and outdoor grills shall not be required to be so equipped. I at 2016 CALIFORNIA PLUMBING CODE Gas.~inlet .Tee fitting For SI units: 1 inch - 25.4 tnm « FIGURE 1212.8 METHOD OF INSTALLING A TEE FllTING SEDIMENTTAAP [NFPA 54: FIGURE 9.6.7] 1212.9 Installation of Piping. Piping shall be installed in a (( manner not to interfere with inspectiOn, maintenance, or servicing of the appliance. [NFPA 54:9.6.8) 1212.10 Liquefied Peh·oleum Gas Facilities ;md Piping. (( Liquefied petroleu~. ga~ facilities shall comply with NFPA 58. " .U13.~ Pressure Testlng and lnspectioll; t:Z-1 3.1 Piping lnatallatiQOJ. Prior to aceeptance and initial operation, piping installations sh.aUbe visually inspected and pressure-te!rted to determine that the materials., design, fabrication, and installation practiCes are in acoorda,nce with the requirements ofthis·.code. [NFPA 54:8.!.1 .1] U13.1.1ln.rpec.tio» Requinmtentl!~ {11$peeti(m shall cunsist of visua1 examination during or after manufa~­ ture; fabrication, assembly, M pressure teSts. (NFPA 54:8.1.1.2} 1113.1.2 Repain aDd Additl&nJ. Where repair.s or additions ~made following 1he p1'CISStlR test, the af&eted piping shall be tested. Minor repaits and additions are not r-equm:d to be p~ure-tested provlded that the work is inspected and ooMlections are tesWd with a uoacorrosive teak-detecting fluid or oth.er leak~ methods approved by tbe Authority &ving Jurisdiction. [NFPA 54:8.1.1.3] llU.l..J New Branebts. Where new bmnches au· m- stalled to new appliances, the newly installed ~Qbes Shalt beJ.'Ciql.lired to be pressu.re..tested. ·Co~ns ~­ t~ ·the new pip-ing and the ~istiltg piping $hall k lested with a tt-Onool'FOSive leak-deteCting tluid or ap~ proved l.eak.-detceting methods {NFPA 54:8.1.1.4] U IJ..t .A ptpiag ~. \ i~ilJitt system slutH be tesiBd as lC4.~11Jlitor Nt»>t't~ .t .mder 110clrcum~ sbal a :vaw. ill a line be used as a b..Jkhead between gas in one ~on of the piping system aad test mo4Rtm man adjacent~ unless two valves ar-e mstalled in series with a valve4 "tctbale" lOoak:d betweeR these vah