A former San Francisco building official who lost his job three years ago amid bribery allegations has filed a complaint for $30 million in damages against The City.

Augustine Fallay, who formerly oversaw the Department of Building Inspection’s one-stop permit plan, was arrested by federal agents in August 2005 after authorities raided the department’s offices on Mission Street during business hours.

Fallay was accused of taking bribes, among other charges, during a 12-year period. In June 2007, the District Attorney’s Office dropped its case against Fallay after a jury acquitted him on three counts of taking bribes from a construction contractor and one count of insurance fraud. The jury was deadlocked on 29 other bribery and corruption allegations.

Fallay, who was hired by The City in 1991, is now asking The City for his job back and has recently filed a complaint in U.S. District Court against The City, FBI agents, Assistant District Attorney David Pfeifer and other parties involved in bringing the criminal charges against him. The complaint alleges false arrest, malicious prosecution and three counts of violating his civil rights and it seeks $30 million in damages.

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“The government ruined his life. It should come as no surprise to anyone that the government is being sued,” said Fallay’s attorney Andrew Zacks.

The complaint says that FBI agents retaliated against Fallay for not cooperating with them in 1999 when they sought his help, asking him to wear a recording device for a sting operation against then-Mayor Willie Brown, and then for another sting operation in 2005 against “city officials.” FBI agents had gone to Fallay “because he was black, but for no other reason,” according to the complaint. Brown was never indicted.

When Fallay refused FBI agents a second time in 2005, “[FBI agents David Carr and Bruce Whitten] began a pattern of abuse that included racially derogatory remarks, stereotypical comments, ridicule, and crude and crass ethnic jokes, and racial epithets,” the complaint says. On one occasion, the agents showed up at his home, detained him, and “when he insisted on exercising his rights, one of the agents brandished his firearm as a threat to silence him,” the complaint says.

Zacks said that while the complaint has been filed, the named defendants have yet to be served.

The case could go to trial within one year to two years, he added.

The FBI declined to comment.

jsabatini@sfexaminer.com

Contract allows for appeal

Embattled former building official Augustine Fallay wants his job back.

Fallay was hired by The City in 1991 as a planner and became a manager within the Department of Building Inspection, earning about $113,000 annually, court documents say, until the FBI built a case against him. Authorities accused him of bribery and he was subsequently prosecuted by the District Attorney’s Office.

Fallay was fired from his job in December 2005. A jury later acquitted Fallay on four charges and deadlocked on 29 other bribery and corruption allegations. The District Attorney ultimately decided not to retry him.

Duane Reno, an attorney for the International Federation of Professional and Technical Engineers Local 21, is representing Fallay in his efforts to regain employment with The City.

Reno said Fallay’s labor union contract permits a “just cause” firing, but such a decision is appealable through an arbitration process. Fallay is going though that process now with The City and a decision is expected within a month or two, Renosaid.

“[Fallay] is struggling to get by, trying to support his family, to get his job back at this point,” said Fallay’s attorney Andrew Zacks. — Joshua Sabatini