Court of Appeal grants Mono a stay on another Luman appeal

monocourtbdgptDick Luman, 15-year Road Department mechanic for Mono County has tried and tried to get his job back. He’s still trying.

Mono County filed a petition appealing the most recent order of Judge Stan Eller that required the County to reinstate Luman while the underlying appeal of his firing is pending. Mono County appealed that order. Earlier this month, the Court of Appeals granted the County’s request of a stay without providing any reason. Now, the entire appeal process is apparently pending before the Court of Appeals.

More than two years ago, Mono County fired Luman for an on-the-job dispute. After a failed appeal, his attorney, Katie Bellomo, took the case to Superior Court where Judge Stan Eller ruled that Luman should not have been fired, should be reinstated and should be given a new penalty hearing with the result something other than termination. The Mono County Counsel appealed that order.

While that appeal is pending, Bellomo asked Judge Eller to reinstate her client who has been unable to find a job due to the cloud of legal uncertainty over his situation. Judge Eller ordered the County to reinstate Luman on or before October 27th. They did not.

Judge Eller’s decision describes Dick Luman as a 62-year-old man “who has labored in his profession as a diesel mechanic for approximately 40 years.” The Judge notes that he was terminated in December of 2011 and that for nearly 3 years he has been unable to obtain employment as a mechanic.

The decision says that “His ‘terminated’ status is a stigma that has rendered him an outcast and a reject that has prevented him, especially at his age, from obtaining meaningful employment in his profession.”

The decision goes on to say that “This dilemma has caused not only severe economic hardship. It is clear,” writes the Judge, “it is also taking a personal toll on Mr. Luman rendering him unable to continue in a profession he has essentially spent his entire working life in; especially now at the twilight of his career.”

The Judge concludes that Luman is entitled to relief sought which he believes will not render the County’s appeal meaningless. The decision says Mr. Luman’s reinstatement would be temporary for the period only of the County’s appeal. The Court of Appeals disagreed.

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Interested
Interested
8 years ago

I am in complete agreement as well. Office of the attorney general, FBI, anyone investigating this county would be helpful and would help the honest citizens of this county!

Why does the voting button to work to like the above comment???

I agree
I agree
8 years ago

Someone of power should be called in to investigate Mono County from top to bottom. The corruption runs deep and many are involved. MCSO, County Counsel, DA’s office, you name it. Even the BOS inaction in all these matters proves to me that they are corrupt also or at a… Read more »

Ken Warner
Ken Warner
8 years ago
Reply to  I agree

If you have concrete information, call the FBI and tell them about it.

Reality Check
Reality Check
8 years ago
Reply to  Ken Warner

Just for everyone’s information! Simply placing a call to the attorney general or the FBI or any other entity does not get folks flying into mono county to investigate! I have made these phone calls over the past few years! They tell you you can fill out a form detailing… Read more »

sierraslugger
sierraslugger
8 years ago

Well- Here it goes again, another Appeal, In the attached link it makes statements of corruption within Mono County Government, Go figure that. As unfair as the county has been regarding Dick Luman it seems that his case will never be settled. So having said that I have collected all… Read more »

I wonder
I wonder
8 years ago
Reply to  sierraslugger

I wonder sierraslugger if the board would care? This county is going down hill fast! I wonder if a big winter will help LOL.

I wonder
I wonder
8 years ago
Reply to  sierraslugger

Sierraslugger how about kolo news in Reno ?

john
john
8 years ago
Reply to  sierraslugger

Yes, and the corruption in Mono County has been going on for a long, long time.

As usual
As usual
8 years ago
Reply to  john

There has been corruption in the powers that be for a long time. I agree this needs to be sent to someone, perhaps it should go to the Attorney General to investigate. So as well as sending your information to CNN why not send it there also.

Just a thought.

Trouble
Trouble
8 years ago

Citizen, I think it just shows that Mammoth legal beagals are just as screwed up as the rest them. That goes for both our political parties!

Benett Kessler
Benett Kessler
8 years ago
Reply to  Trouble

Just one point – this case is one from Mono County – not the Town of Mammoth Lakes. BK

Reality Check
Reality Check
8 years ago
Reply to  Trouble

Trouble is not one to be troubled with the actual facts of the matter.

Trouble
Trouble
8 years ago
Reply to  Reality Check

Thanks Reality, I have no trouble agreeing with that. Staying focused and paying attention is for jury duty, not blogging.

A Citizen
A Citizen
8 years ago

Anyone else see the irony in this?

A lot like having 10,000 spoons when all you need is a knife!