Former assistant DA sues Inyo County and officials

willrichmond

Will Richmond served as the Alpine DA and worked as an environmental attorney throughout California, including Mono County.

In October of last year, Inyo District Attorney Art Maillet fired his assistant Will Richmond.  Now, Richmond has gone to court for wrongful termination.  He names Inyo County, DA Maillet, and the Inyo Supervisors.  Richmond wants to be re-instated and given back pay and benefits with interest.

In his brief to the court, Richmond said he had not sought the job but that DA Maillet had recruited him with urgency.  Richmond said Maillet told him work was piling up because of the termination of the previous assistant DA and as a result of Maillet’s preparation for a murder case.  Richmond’s brief said he took the job and gave up his candidacy in another job and his position as elected DA of Alpine County.

Richmond worked as a temporary assistant until he was officially hired January 1, 2011.  His brief says he handled all day to day operational responsibilities in the DA’s office. He says he came to the position with over 40 years experience as a lawyer.  17 of those years as an elected DA and 12 years as a Deputy DA.

Richmond says the entire time with Inyo County, he never received a required performance review.  His brief says DA Maillet extended Richmond’s probation period because he, Maillet, was too busy with a murder trial to review Richmond’s performance.  A memo from Maillet said Richmond shouldn’t be concerned about this.  Richmond said that he understood the extension had nothing to do with his performance. Maillet extended Richmond’s probation on May 31, 2011. The murder trial had ended April 29.

Maillet states in a declaration that he had spoken to Richmond about his performance regarding letting him know when he needed help and meeting work completion dates. Richmond maintains Maillet never gave him a performance review, fired him without giving him a reason, and told him he had no right to appeal. Richmond alleges that he had attained permanent status as an employee and was illegally terminated.

Richmond’s brief said the County claims DA Maillet had placed a performance evaluation on Richmond’s chair and that the document is now “lost”.  Richmond says he was terminated on the “whim and caprice of the District Attorney, without notice or the benefit of due process” under law.  Richmond alleges Inyo County violated accepted law and its own personnel rules.

Inyo County is represented by attorney John Kirby and County Counsel Randy Keller. They argue that the merit system does not apply to positions in the DA’s office.  They also question the jurisdiction of the court in this particular process and say that Richmond did not exhaust his administrative remedies.

Their brief also says that the County believes Richmond remained a probationary employee and so was rightfully terminated without cause and without right of appeal.

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Son of Inyo Pioneers
Son of Inyo Pioneers
9 years ago

The attorneys in Bishop are not willing to file a lawsuit against the County. Since Mr Richmond has filed a law suit against Inyo County, I would like to contact Mr Richmond about a separate legal matter. Would Mr Richmond tell the editor to releas his phone number or email address to me?

BTW – The in Inyo County DAs have been doing this kind of stuff for over 30 years. Mallet’s administrative dodges (it was left on his chair/he has not exhausted his administrative options/etc) are classic and laughable but easily shot down in court.

Not prosecuting felons is a strategy that the DA uses to cut costs for the County. Budget matters have taken priority over public safety for decads and has resulted in creating a cespool of criminals in Inyo county. The DA’s policy sends a clear message to the criminals who live in Inyo County. Take a deputy or police officer out for coffee and listen to his/her views on the matters. It was not until Mr Dishon sat on the Grand Jury did the questions about the DAs office begin to surface.

The fact is that the City of LA has always had plants and schills in most departments and on the Board. Even the paper and private businesses know what side of the bread the butter is on. There will be no changes until the residents of Inyo and Mono organize and clean house.

Gazoo
Gazoo
9 years ago

“The dog ate your performance review.”

John
John
9 years ago

The tragedy is that by law District Attorneys can’t be held accountable for their work- related actions.

NewEra
NewEra
9 years ago

Yeah big surprise!! What county are we talking about? Inyo County?
This fits right in with the perspective of what outsiders view us as.
So they say they placed it on his chair, and now it is no where to be seen? that is pretty typical of this county!!

upthecreek
upthecreek
9 years ago

it’s only TAXPAYER MONEY
just give him what he wants and send him on his way.

Just look what happened to mammoth

ggw

Dee
Dee
9 years ago
Reply to  upthecreek

What happened to Mammoth Lakes just cannot be compared to this lawsuit.
The representatives of the town of mammoth screwed up big time and now must figure out how to pay up for their very incompetent mistake. Perhaps going bankrupt will be their solution. What Mr. Richmond is seeking will never bankrupt Inyo county, never!
He is simply asking for a fair judgment and hopefully will receive back pay, benefits, reinstated in his job in the DA’s office. Very simple.

I sure hope the citizens of the county send him on his way…….to become our DA….if he’s interested in the job he’d likely be a shoe – in candidate. The DWP pals on the board of supes are the one that need to be sent down the road.

Bill
Bill
9 years ago
Reply to  Dee

Dee said, “The DWP pals on the board of supes are the one that need to be sent down the road.”

BINGO!!!!!!! Wake up Inyo County and fight for our water!!!!!

fed up
fed up
9 years ago

” he did not exhaust his administrative remedies”……………
I know I have heard this before.

Now where did i see this ,,,, I Know I have ,,,,,,

Sounds like a 30 million dollar question!

Daris
Daris
9 years ago

Mr Richmond when you win this case please stay in Inyo County and run for the position of District Attorney we need truth and integrity back in that office.
Bennett thanks again for the news it looks like our other news sources do not have any real news reporters or may be is it still just good old by politics..

Trouble
Trouble
9 years ago
Reply to  Daris

Daris- great idea. I hope it happens soon. Anyone know when Art’s last day is?

Dee
Dee
9 years ago
Reply to  Daris

“……..or may be is it still just good old boy politics..”

No maybe about it. The good ol boy club still holds most positions of power in Inyo county. If you’re not in their club you aren’t represented and by all means get the short end of that ever present sharp stick.
Mark Johnson was allowed to resign in order to cover up the dirty deeds of Uncle Art, he deserved a prosecution and still does.
A sad reality in America is the ruling class is exempt from the very same laws the rest of us must abide by. If Art had an ounce of class or sense of respect for the citizens of this county he would resign, don’t hold your breath.

2rude
2rude
9 years ago

What’s really swell about this is that the taxpaying residents of Inyo County now get to pay John “the Milkman” Kirby several thousand $s to defend the County for Uncle Art’s antics.

Makes you proud to be a taxpayer, doesn’t it?

(“Milkman” because he milks every case he defends for everything it’s worth (and then some).

Thanks.

Trouble
Trouble
9 years ago

hey-our score board is doing good on this one. Guess Art hasn’t had time to read this yet either 🙂

Big AL
Big AL
9 years ago
Reply to  Trouble

LOL trouble I was thinking the same thing.

LawAbiderInsider
LawAbiderInsider
9 years ago

Backtrack fast or you’ve got some explaining to do. Karma, Art, is a B.

upthecreek
upthecreek
9 years ago

GGW

Reality Bites
Reality Bites
9 years ago

They placed Mr. Richmond’s evaluation on his chair and now they can’t find it??? you can’t make this stuff up!

Since everything is generated on a computer these days, if they ever wrote it, it can be found and time dated as to when it was written. A forensic computer firm could do this in a few days. I would send the DA’s computer to The Sylint Group in Sarasota, Florida. They will be able to quickly tell if an evaluation was ever written and when it was written.

First depose Mr.Maillet under oath for the “eval on the chair” story. Then forensically examine his computer. If there is nothing there, charge him with perjury.

Bonnie
Bonnie
9 years ago

UGH!!! When are we going to be rid of this man Art Maillet?!
The only comfort I have is in the fact that Mr. Richmond may be the man to do it…
Then we will have to worry who will run for DA in the future….

Tourbillon
Tourbillon
9 years ago
Reply to  Bonnie

“When are we going to be rid of this man Art Maillet?!”

Well my dear, when the good citizens of Inyo County stop voting for him. Clear now?

Trouble
Trouble
9 years ago

Lets see if Art tells the Judge he refuses to answer questions. Good luck Will.

Chopper
Chopper
9 years ago
Reply to  Trouble

Yep, Art “Put-Em-Away” Maillet will do just that, he’ll tap n twirl his pen, n tell tha judge he refuses to answer questions…. 🙁

Dee
Dee
9 years ago
Reply to  Chopper

Put em away………..except for the rats/snitches.
The arsonist that terrorized both Inyo and Mono counties is a free man, he deserved a decade or two behind bars. He’s a dangerous criminal but Art was easy on him.
The chump that ripped off Nancy Roberts didn’t receive the punishment he deserved as well.
Uncle Art is a disgraceful excuse for a DA, hopefully he gets the boot along with a few of his horrible prosecutors.

Mono Law
Mono Law
9 years ago

Anyone who knows Will Richmond knows that he is a good and honest man with incredible integrity. There is no doubt in my mind who is telling the truth.