Politics & Government

City Wins Over $260,000 in Case Against Former Fire Chief Kapler

The case centered on photographs of former AFD Chief David Kapler fueling his BMW sports car at a city-owned gas pump.

SUMMARY

The saga of former Alameda Fire Chief David Kapler's resignation and subsequent lawsuit against the City of Alameda has finally reached an end.

Kapler resigned Nov. 5, 2010, the same day he was scheduled to be fired by the city — but before the city had physically delivered its termination notice — for filling the gas tank of his personal car with fuel from a city-owned gas pump at an Alameda fire station. 

Alameda County Superior Court entered a final judgment in the case last Friday, Oct. 25, dismissing all counts of Kapler's suit and confirming that he must pay the City of Alameda $260,585.39 in attorneys' fees and legal costs, according to a city press release.

DETAILS

Kapler was photographed by firefighters in August of 2010 as he filled up his BMW, and the photos were sent to city officials and several media outlets by Domenick Weaver, then head of the Alameda firefighters' union, according to a report from the California Court of Appeals. A city investigation followed.

Kapler later claimed the "stealth photos" and ensuing investigation and termination process were politically motivated in retaliation for fiscal decisions he had made and which the firefighters' union had opposed, accoding to the appeals court report.

When Kapler was hired as chief in 2007, he opted to use his personal vehicle — a Honda Ridgeline truck — for his official duties, rather than a city-owned vehicle. The city equipped Kapler's truck with emergency response equipment and authorized him to use city fuel for the truck, the appeals court report says.

Kapler later claimed that his agreement with the city covered the non-equipped BMW as well. City officials disagreed and decided, after several months of investigation of and negotiations with Kapler, to end his employment Nov. 5, 2010.

The following April Kapler filed sued the city, Councilmember Lena Tam, former City Manager Debra Kurita and then-Interim City Manager Anne Marie Gallant, alleging, among other things, breach of contract, wrongful termination and infliction of emotional distress. 

The city responded by asking Alameda County Superior Court to strike Kapler's complaints as a SLAPP (Strategic Lawsuit Against Public Participation), or "meritless lawsuits that are filed to chill the exercise of First Amendment rights," according to the appeals court report.

An Alameda County Superior Court judge ruled against the city in July of 2011, and the city appealed that ruling the following month.

In September of 2012, the state appeals court ruled in the city's favor and also ruled that Kapler's suit did not have a "probability of prevailing" on its merits on most counts, preempting a Superior Court decision on that issue.

The appeals court also awarded attorneys' fees to the city with the amount to be determined by the superior court.

According to the city press release, "The Alameda County Superior Court in December 2012 awarded the City over $260,000.00 in attorney’s fees and costs.

"On October 11, 2013, Kapler’s lawyer filed a request for dismissal of the suit, thus disposing of his one remaining claim for lifetime annual health premium reimbursement."

Superior Court dismissed the lawsuit Oct. 25, 2013, and entered judgment against Kapler and in favor of the City.

“Alameda taxpayers and the City have been vindicated by this substantial final judgment for over $260,000 against Kapler for his unsuccessful attempt to shake down and intimidate the City,” Alameda Mayor Marie Gilmore said in a statement quoted in the city's press release.

The City and its officials were represented by former Berkeley City Attorney Manuela Albuquerque, Director of Complex Public Litigation and Projects for the law firm of Burke Williams and Sorensen. 

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