The memorandum, sent by City Attorney William Curley on April 15 to the City Council and Interim City Manager Stephen Dunn, describes how Quincey appeared to violate council commands in settling a dispute with an Upland police sergeant in January 2010.
Quincey has been on paid leave of absence since Jan. 4. The City Council will discuss Quincey's employment status during a special closed session today.
For Quincey to be terminated with cause, he would need to be convicted of a crime or to fail to follow City Council direction, according to his employment contract.
According to the memorandum, Quincey received a draft copy of a tort claim from the Upland Police Association's attorney, Dieter Dammeier, on behalf of Sgt. John Moore.
Moore alleged he was passed over for a promotion because he had investigated a domestic incident with Quincey and an ex-fiancee in July 2008.
Quincey settled the dispute, along with a second police dispute, for $50,000 in attorney's fees. Moore was promoted to lieutenant as part of the settlement agreement.
Curley's memo said Quincey did not disclose the claim to the City Council or other city officials with the "possible exception" of Police Chief Steve Adams, former Assistant City Manager Rod Foster and former Mayor John Pomierski.
Quincey settled the dispute as a professional services agreement, which according to Curley's memo, was not permissible under city rules.
According to the memo, Quincey's handling of the claim violates the City Council's commands pursuant to the city's Resolution 4731, which addresses the city's policy in handling claims filed against it.
At the time of the settlement, Quincey was only authorized to settle for up to $25,000, pursuant to the resolution.
The $50,000 in attorney's fees was for Moore's claim as well as a second claim filed by the Upland Police Department.
Dammeier said he did not know the specific breakdown of the payment for Moore's case.
"It was for $50,000 for both cases, which we never broke down specifically $25,000 for this case and $25,000 for the other case. I can certainly see how somebody would come to that conclusion," he said.
Dammeier said he emailed the claim to Quincey in January 2010.
The attorney sent a copy to the City Clerk's Office last month after learning the city did not have a copy of the claim.
City Clerk Stephanie Mendenhall confirmed that the claim was never officially filed at City Hall.
Mayor Ray Musser said the council had not seen a copy of the claim until it was resent last month.
"We had been trying to get that copy for a long time," Musser said.
Dammeier said he sent the draft to Quincey to let him know Moore's claims were serious.
"It's normal to draft a lawsuit or a tort claim because we're indicating a level of seriousness for our part that says, look, I'm not just sending you a letter telling you what happened. This is an actual draft we will file next if we can't resolve it," Dammeier said.
Dammeier said he negotiated the settlement with Quincey.
"I find out later a lot of things were not disclosed how settlement transpired and all that," he said. "At the time obviously I thought that everything was going through whatever channels they needed to go through to resolve the case."
Dammeier said the FBI has a copy of the claim.
According to Moore's claim, Quincey, Pomierski and Adams went to "great lengths to conceal, cover up and hide possible criminal conduct by (the) city manager."
Moore also alleged when he refused to "break the law by destroying the evidence, the three officials began a parade of harassment and retaliation aimed at punishing him."
A police report taken by Moore and Upland Detective Craig Sipple on July 27, 2008, described a domestic dispute between Quincey and an ex-fiancee.
Quincey allegedly kicked and punched his ex-fiancee's car after she refused to marry him.
He later sent her three text messages, which she found to be threatening, according to the police report.
Moore alleges Quincey wanted him fired for his handling of the incident.
He was asked numerous times to shred the report, which he refused to do, according to the claim.
Moore was denied a promotion in October 2009 and again in January 2010, according to the claim.
Moore would have scored higher in the promotional process and been promoted, absent his reporting of criminal misconduct and his refusal to break the law, according to the claim.
Dammeier said he did not think it was odd for Quincey to negotiate a settlement that stemmed from his own personal incident.
"It was pretty clear from our perspective that Sgt. Moore at the time was being retaliated against and mistreated for the way he handled that incident," Dammeier said. "I think frankly the city manager did a good job in settling the case. It saved the city a lot of money from litigation and ultimately having to pay out more money."
The Upland City Council will discuss City Manager Robb Quincey's employment during a special closed meeting at 5:30 p.m. today at City Hall, 460 N. Euclid Ave.
The public can address council members before they go into closed session.