Final court decision goes against Mono County, for Madrid

monocourtbdgptIn a recently filed decision, Judge James Garbolino has upheld the Arbitrator’s 2013 decision to reinstate Mono County Deputy Jon Madrid and denied the County a delay in enforcement of that decision. The Judge also awarded Madrid costs and attorneys’ fees. He once more said that evidence showed Madrid was harassed and the victim of unsupported evidence or at worst a “deliberate scheme to terminate him for inappropriate reasons.”

Madrid was fired in 2011 after he had filed a harassment complaint for treatment by Lieutenant O’Hara and after the Sheriff accused him of failure to file certain payroll sheets which resulted in over-payment of $382. In an appeal hearing, the Arbitrator found no evidence to support Madrid’s termination and ordered him re-instated with back pay. The Judge also condemned the Sheriff’s Department for ordering Madrid to sit in a chair for 9 hours a day and quoted the Arbitrator who described the order as demeaning and insulting work that constituted a “serious abuse of discretion.”

In its September petition to the Court, Mono County alleged that the Arbitrator abused his discretion. Judge Garbolino says, on the contrary, “there is abundant evidence that supports the Arbitrator’s conclusions.” According to the Judge’s decision, the Sheriff’s Department failed to carry their burden of proof that Madrid had intentionally taken the $382. Instead, the Judge says that “an examination of the record discloses that there is abundant evidence that supports the decision and conclusions of the Arbitrator.” He also points to what is described as Deputy Madrid’s commendable record.

The Judge quotes earlier testimony that other deputies had received reminders about their pay reports and had not been subjected to Internal Affairs investigations or firings as Madrid had. The Judge referred to testimony in the Arbitration hearing – the fact that Madrid had filed a workplace harassment claim against Lieutenant O’Hara and the testimony that then Undersheriff Ralph Obenberger refused to let Madrid file time sheets that he said were missing. Testimony also said that Obenberger refused to pursue Madrid’s harassment complaint but said certain charges would not be filed if Madrid resigned. He refused to resign.

The Judge’s decision recites the incident six months after Madrid’s firing in which the Sheriff ordered him to sit in a chair as a “greeter” in the lobby of the Sheriff’s Department. The Judge stated, “His assigned duties were lesser than those of a WalMart greeter.” He said this assignment was to further punish Deputy Madrid.

The Judge’s decision concludes that his judgment is awarded in favor of the Arbitrator and Deputy Madrid and against Mono County and the Sheriff’s Department. Judge Garbolino denied any delay in enforcement of Madrid’s reinstatement. Madrid is also awarded attorneys fees.

 

, , , ,

49 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
Ironic
Ironic
8 years ago

Now Roy you know that he never disciplines his followers! He only disciplines those that stand up to him! Policies, rules and laws only come into play when he can bend them to suit his needs. You would think he would be extra careful about campaigning (or his employees) in… Read more »

Roy
Roy
8 years ago

If any on duty employee of the dept. is out there campaigning or putting up election signs for who ever that calls for some serious discipline IE. days off without pay…

Sick of Mono County
Sick of Mono County
8 years ago

Is that the same LEO that was observed in full uniform this morning around 5:55 am putting up Obenberger signs along the highway in Coleville? As for OHara endorsing Ms. Braun, maybe he feels she is the right person for the job and will make the department better! And maybe… Read more »

Just the Facts
Just the Facts
8 years ago

Please tell me that you took a picture of this deputy that you can Email to Bennett!

Ironic
Ironic
8 years ago

Funny that you bring that up Sick of Mono County, I have another complaint. Obenberger and or his committee/employees (which he is directly responsible for) have also been placing signs on county property. This is against the rules…. but then again who are we talking about here???? Rules what rules?… Read more »

Rick O'Brien
Rick O'Brien
8 years ago

I just HAD to chime in again after reading all comments….somebody said that both deputy sheriff’s AND public safety officers associations (jailers/dispatchers) are backing Obie in the election. Well….what else COULD they do ??? NOT backing him would be tantamount to putting your head in a noose, cutting your own… Read more »

Epilogue
Epilogue
8 years ago

John and Mustang: It is a wonderous priviledge to be able to express an opinion without fear of sanctions. We are all lucky to live in such a nation. Thank you for expressing your opinions. My opinions come from wearing a uniform of various sorts for 50 years. And I… Read more »

Pitiful
Pitiful
8 years ago
Reply to  Epilogue

Gosh I feel so sorry for you Epilogue. If that is truly how you have spent your last fifty years that means you wasted the majority of your life in a very pitiful place. Maybe a reflection on your attitude might bring you some peace in the last remaining years… Read more »

Realistic veteran
Realistic veteran
8 years ago
Reply to  Epilogue

I am a veteran of many foreign wars! I have lived my life operating under a military and para- military organization. I took an oath to uphold the constitution of the United States of America! Even under the UCMJ each individual is afforded his or her rights! In law enforcement… Read more »

John Barton
John Barton
8 years ago
Reply to  Epilogue

Epilogue’s attitude of “right or wrong, that’s just the way it is so just rollover and let me have my way with you” is an opinion of support for the establishment without regard for the the Constitution or peoples’ civil rights. Madrid’s suit has and will continue to prove that.… Read more »

Point of Fact
Point of Fact
8 years ago
Reply to  John Barton

The one thing that Epilogue fails to even acknowledge is that fact that the sheriff and the department can claim anything they like about Deputy Madrid to justify their actions. That doesn’t mean that they are true or in fact they even happened at all. Both the arbitrator and the… Read more »

Epilogue
Epilogue
8 years ago

Many of us have been on the receiving end of leadership disapproval. It hurts both financially and psychologically. However, anyone who goes into a law enforcement career knows, from the draconian discipline imposed during the Academy training, that this is not a social democracy. Nothing changes just because one is… Read more »

John Barton
John Barton
8 years ago
Reply to  Epilogue

Epilogue is wrong on so many fronts. There is a big distinction between military and civilian employment. Law enforcement is strictly here to only protect life and property through the enforcement of laws on the books… nothing more or less. The “deeply ingrained culture” has only been supported and built… Read more »

MustangSally
MustangSally
8 years ago
Reply to  Epilogue

So Epilogue, we should all sit back and allow the Sheriff’s Department to do what ever they want, and to Hell with whether or not it’s legally or morally o.k. – simply because “that’s the way it is?” That’s absolutely the stupidest thing I’ve ever heard. If they can’t use… Read more »

Desert Tortoise
Desert Tortoise
8 years ago
Reply to  Epilogue

I am a former military officer. Believe me when I say that an officer that does not treat his or her troops fairly and consistently won’t last long. Your troops have to know what is expected from them by the officer, the officer has to consistently enforce those expectations without… Read more »

Concerned in Kern
Concerned in Kern
8 years ago

Yes indeed… Hello LEO. For those of you who do not know, L-E-O is cop slang for your local Law Enforcement Officer. I wonder if you might have an alterior motive for the comment you made earlier? I just wanted the good people of Mono County know. I just want… Read more »

Concerned in Kern
Concerned in Kern
8 years ago

This type of thing is usually just the tip of the iceberg. Much respect to Deputy Madrid for maintaining his integrity and standing up for his rights. However, I wonder how many others there have been who just caved-in to Obenburger and O’Hara rather than stand and fight. I’m sure… Read more »

John Doe
John Doe
8 years ago

As a former employee of the MCSO, I am glad to see what is becoming of this administration. John Madrid was no super cop, but he did not deserve what happened to him. For many years he was “Protected” being a June Lake resident. OB and Weber both live in… Read more »

The Big Question
The Big Question
8 years ago
Reply to  John Doe

A big question that needs to be answered is, if the voters speak loudly on election day, do they have to suffer another 6 months of Obenberger and Weber? Is Weber on an “at will” contract that allows him to be terminated at any time? Since Obenberger was appointed by… Read more »

Over the berger
Over the berger
8 years ago

I looked it up for myself and this is exactly what it says. I have included the link for anyone that wants to read it from Trindel’s website. http://www.trindel.org/about.asp “In concept and practice Trindel is a banking arrangement with its members wherein, over time, each member is fiscally responsible for… Read more »

MustangSally
MustangSally
8 years ago

Here’s the question that’s been on my mind for quite some time: it’s been pretty obvious for awhile that the Sheriff’s department screwed the pooch on this one. The administration as a whole acted outside of what was both legal or right, and they are going to get spanked for… Read more »

Leo
Leo
8 years ago
Reply to  MustangSally

MustangSally First, it should be known that the people primarily responsible for this case no longer work for the Sheriff’s department. Don’t be misled into thinking that this was at the hand of now Sheriff Obenberger, it wasn’t! Those people are gone and they took their cancer with them. It’s… Read more »

MustangSally
MustangSally
8 years ago
Reply to  Leo

Leo, if that were the case, why would Obenberger – among others STILL employed by the Sheriff’s Department – be named in the civil case? And if he was so guiltless, when he tried to have himself recused, they would granted that. The bottom line is that Obenberger is just… Read more »

Just the Facts
Just the Facts
8 years ago
Reply to  MustangSally

LEO, you state: “First, it should be known that the people primarily responsible for this case no longer work for the Sheriff’s department. Don’t be misled into thinking that this was at the hand of now Sheriff Obenberger, it wasn’t! Those people are gone and they took their cancer with… Read more »

Witness
Witness
8 years ago
Reply to  Leo

What is it Leo? Is your performance and recent promotion threatened by the election of Ingrid Braun! Anyone knows Obenberger was in charge of hiring and firing within the department! He was the undersheriff! It is clearly posted in his duties! He stated this in his testimony during the hearing!… Read more »

Desert Tortoise
Desert Tortoise
8 years ago
Reply to  Witness

MustangSally, what exactly can a county BOS do? Since the California Constitution makes the office of county sheriff an elected position, the sheriff is not answerable to the county BOS. The BOS writes the department’s budget, but aside from that has no authority to interfere with how a sheriff manages… Read more »

Mr. Obvious
Mr. Obvious
8 years ago

@Desert Tortoise For starters, the Board could, collectively or individually, admit they made a boo-boo when they appointed the incumbent and endorse his opponent, Ms. Braun. The Board could also settle the lawsuits brought against the Sheriff for his obviously illegal behavior, instead of blowing a bunch of taxpayer money… Read more »

Concerned in Kern
Concerned in Kern
8 years ago
Reply to  Leo

LEO:

L = Law
E = Enforcement
O = Officer

Maybe you have some skin in the game?… LEO.

True story
True story
8 years ago
Reply to  Leo

LEO should stand up for their fellow officers. If you are truly on this department that means you didn’t stand up, so that makes you part of the cancer of this department! Proof that the cancer as you call it, is still there! You sound like you even condone it.… Read more »

RAM
RAM
8 years ago
Reply to  True story

They do, they are thicker than thieves

Epilogue
Epilogue
8 years ago

Even with all this publicity, I predict that the voter turnout for the June 3rd election will be less than 10%. That means that the candidate who gets over 300 votes will be Sheriff.

Benett Kessler
Benett Kessler
8 years ago
Reply to  Epilogue

It’s usually closer to 60%.
BK

Mono County #2 in state
Mono County #2 in state
8 years ago
Reply to  Benett Kessler

As a matter of fact, in the last general election, Mono County had a voter participation rate that was only .07% less than the number one county in California – Marin County. Marin had 87.37% and Mono County was 87.30%

Source:
http://www.sos.ca.gov/elections/sov/2012-general/03-voter-participation-stats-by-county.pdf

Perfect Example
Perfect Example
8 years ago
Reply to  Epilogue

I would say this is the perfect example of why everyone needs to get out there and vote! This tyranny cannot continue. The office of Sheriff should be an honorable one, not what one where harassing employees and the public is the norm!

sugar magnolia
sugar magnolia
8 years ago
Reply to  Epilogue

Not sure I’m with you on the math. Assuming a population of 12,000 for Mono County, 10% turn out would mean 1200 votes….so 600 or more would be needed for victory. I am hopeful that the unconscionable behavior on the part of the Sheriff’s office will draw more than 10%.… Read more »

Trouble
Trouble
8 years ago

A little justus goes a long way .

disgruntled citizen
disgruntled citizen
8 years ago
Reply to  Trouble

… Justice

Hey LEO!!
Hey LEO!!
8 years ago

disgruntled citizen, I think what Trouble meant to say is that when speaking about the Mono County Sheriff’s Administration, Justice = Just Us

Trouble
Trouble
8 years ago

Freak’n spell check 🙂

Rick O'Brien
Rick O'Brien
8 years ago

This is JUST what we needed…a printed reminder just before election time of the serious problems with the current MCSD administration.Way to hang in there, DEPUTY Madrid. OBIE…tick, tick, tick,

Leo
Leo
8 years ago
Reply to  Rick O'Brien

I think your right. What’s really interesting is that O’Hara is listed as one of the main supports of “Braun for Sheriff”. I guess that that tells everyone where she stands… Just check out her website. All the trouble he cause at MCSD and Braun supports it and uses him… Read more »

Leo
Leo
8 years ago
Reply to  Leo

And it’s “you’re” right not “your” right. and caused not cause. But I’m sure you get the point.

Witness
Witness
8 years ago
Reply to  Leo

Sure Leo I saw David O’hara on the list of supporters! Anyone can join! Once you become a supporter you get access to all emails sent out! Sounds like a spy to me! Point of fact, David O’hara was given a severance package of approximately 250, 000 to leave with… Read more »

Hello.... LEO
Hello.... LEO
8 years ago
Reply to  Leo

Any person can go on either website and become a supporter of either candidate. I am not sure, but I would bet money Ingrid Braun has not even met David O’Hara. He was retired and gone before she even came here. Knowing him I would say he did one of… Read more »

Hey LEO!!
Hey LEO!!
8 years ago
Reply to  Leo

The Brooklyn Bridge has been installed across the Lower Owens River Gorge. Really! I would like to sell it to you for a real good price. No need to check it out, take my word for it, what a deal! I really find it hard to believe that you are… Read more »

The writing on the wall
The writing on the wall
8 years ago

I think finally the writing is on the wall for all the public to see! The truth always comes out eventually! It might have taken three years in this case, but the corruption is finally floating to the surface. Every person that has been around this county for any amount… Read more »

Lone Ranger
Lone Ranger
8 years ago

Now we know why Scholl left two years early!

Make no mistake, obenberger was in charge of the daily operations! Yet he states he has supervisory skills! Can manage a budget! Sounds to me he is going to lose more than he can afford!

Over the Berger
Over the Berger
8 years ago

Please remember June 3rd who is costing Mono County taxpayer dollars! This department and county needs a honest sheriff that has integrity, honor, and ethics. One that knows how to read the government code and follow all laws! Don’t be fooled by the recent comments that the insurance will cover… Read more »

Point of Fact
Point of Fact
8 years ago

On page 13 the judge states regarding the chair that Madrid was placed in “that this punishment for an already terminated deputy was evidence of a corrupt motive on the part of the department to further humiliate and belittle Deputy Madrid” No truer words could possibly have been said by… Read more »