DAMAGE CLAIM NAMES 4 SIMI OFFICIALS.

Byline: Sylvia L. Oliande Staff Writer

A municipal worker has filed a $4 million claim against the city, alleging he was demoted and ridiculed for refusing to install protected software into the home computers of elected officials.

Tal Ross, deputy director of general services, filed a claim for damages on Oct. 21, alleging that he was directed to install software in violation of copyright law and licensing agreements. The claim, usually the first step toward filing a lawsuit, also says Ross was subjected to verbal harassment from his supervisor for refusing.

City officials said the claim is based on false allegations.

``We had an outside company come in and investigate the entire thing. They said there was absolutely no basis for it,'' said Mayor Bill Davis.

City Attorney David Hirsch said Ross went to the city with his concerns in June, and the city acted immediately. He also said Ross was not demoted.

``This was not taken lightly by the city,'' Hirsch said. ``They were very serious allegations and they merit a full investigation. Our conclusions are they are false, no truth to them. So now getting the claim is very frustrating . . . Mr. Ross' attorney was given the same report.''

Ross' attorney, Randall Leff, said he has read a copy of the investigator's report but disagrees with it.

``I think the report was a whitewash, and we've discussed inadequacies of the report with their attorneys,'' he said. ``We've been told those inadequacies are being checked out.''

Leff also disputed the city's contention that his client was not demoted, although he would not discuss details.

The claim asks for more than $4 million in damages, including $1 million each for wrongful demotion, compensation for loss of future earnings based on retaliatory demotion, breach of implied covenant and harassment.

It names General Services Director Steve Elam, Ross' supervisor, as well as Davis, City Manager Mike Sedell and Assistant City Manager Laura Magelnicki. According to the claim, Ross told each of those officials he would not install the software.

Neither Leff nor city officials would say which software Ross refused to install.

Elam, who referred most questions to the city attorney, said the city provides intranet communications, an Internet browser and anti-virus software to elected officials' personal computer systems.

He said installing the software on their home computers is no different than installing the same software on computers provided to them at City Hall or to the computers of any city employees at the office.

``The council works long hours and are communicating with constituents and staff after hours and weekends,'' Elam said. ``It never really stops. This is really the best way to be able to do that.''

Davis said he has relied on the software to send e-mail to city employees and to manage his schedule.

``I've been able to do that for years and years and years,'' Davis said. ``I don't know what the big deal is about it all of a sudden.''