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PROBLEMS ADMITTED IN TRASH TRUCK REVIEWS.


Byline: Patrick McGreevy Daily News Staff Writer

Two top city officials testified at a disciplinary hearing Monday that there were unheeded warning signs before a Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  trash truck malfunctioned Dec. 6 and caused the death of two children.

General Services Department head Randall Bacon and fleet management superintendent Dick Hembree acknowledged problems in the system for monitoring trash truck operations during the first day of an administrative hearing administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling.  on discipline against a maintenance supervisor.

Supervisor Dave Wear is appealing a 60-day suspension issued by Bacon for failing to remove the trash truck involved in the accident from a list of trucks available for use that morning even though a driver had reported a problem the night before.

Union representative Michael Berman Michael Berman may refer to:
  • Michael Graeme Berman, a British athlete
  • Michael S. Berman, an American political activist and author
  • Michael Berman, an American businessman and current CFO of Equity Residential Property Trust
 said in his opening statement to hearing examiner An employee of an Administrative Agency who is charged with conducting adjudicative proceedings on matters within the scope of the jurisdiction of the agency.  Eileen Kurahashi that the discipline was ``unwarranted,'' because Wear made a clerical error an error made in copying or writing.

See also: Clerical
 that was no more a significant contributor to the accident than other factors, including the city's failure to heed warning signs.

``It's like a chain and Dave's one link,'' Berman said. ``There were errors of omission omission n. 1) failure to perform an act agreed to, where there is a duty to an individual or the public to act (including omitting to take care) or is required by law. Such an omission may give rise to a lawsuit in the same way as a negligent or improper act.  and errors of commission made prior to his involvement and subsequent to his involvement. His was no more significant than any of the others.''

In testimony Monday, Bacon acknowledged that two other trash trucks had similar malfunctions in which a compacting arm pierced pierced  
adj.
1. Cut through with a sharp instrument; perforated.

2. Of or relating to a body part that has been perforated for the purpose of attaching a piece of jewelry.

3.
 the shell of the truck and protruded outward, before the fatal Dec. 6 accident.

Bacon said he and other top managers of the department were not told of the previous malfunctions.

``It should have been at least reported to the division office,'' Bacon said.

Hembree said the previous malfunctions were ``serious.'' Berman asked if top officials had known about the previous incidents would it have spawned an inspection of all similar trucks.

``In light of what happened Dec. 6, yes, indeed,'' Hembree responded.

Bacon also said he was not made aware before the accident that General Services Department employees had complained of problems with the trucks manufactured by Amrep Inc. and had suggested that the city stop buying the trucks.

``This was all uncovered after the accident, at least at my level,'' Bacon said.

The hearing will continue today and eventually Kurahashi will decide whether to set aside or affirm the suspension.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jun 18, 1996
Words:374
Previous Article:AIRPORT PLANS CHALLENGED : BURBANK SEEKING COURT ORDER TO PREVENT PURCHASE OF LAND FOR EXPANSION.
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