Luman case back in court

monocourthouse2008Dick Luman had worked for 15 years as a mechanic in the Mono County Road Department. After an on-the-job dispute more than two years ago, the County fired him. In recent days, Luman’s attorney, Katie Bellomo, filed a motion for Luman to be reinstated pending an appeal by Mono County. The Judge took that rrequest under submission.

Originally, Luman went before an appeal board which upheld his firing. Bellomo took the case to Superior Court where Judge Stan Eller ruled that Luman should not have been fired. The Judge ordered Luman should be reinstated with back pay and a new penalty hearing held to determine an appropriate penalty, other than termination, for his violation of personnel rules. Mono County appealed Judge Eller’s ruling.

While waiting for a decision on that appeal, attorney Bellomo asked for interim relief for her client. She argued that Luman is being irreparably damaged because of no job and asked the Judge to reinstate him, pending the County’s appeal.

County lawyers argued it would be a hardship on Mono County to put Luman back to work because of the hiring freeze. The Judge indicated a hiring freeze is not a factor under civil procedure. Judge Eller indicated he will issue a written decision on whether to order Luman back to work while the County’s appeal is pending.

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21 Responses to Luman case back in court

  1. I wonder October 1, 2014 at 4:31 am #

    I hope the board of supervisors reads these comments. Everyone was complaining about the Sheriff’s department being the good old boy club. What would you call this they bring people from far off to do what they tell them to do. And how high to jump sad to say an election won’t help look at the results from the last one. Come on GRAND JURY

    • Totally Agree October 1, 2014 at 8:49 am #

      The supervisors have been reading these comments for years about the Sheriff’s department and the only thing that is obvious is that they do not care. They have had years to do something and they just turn a blind eye.

      They could have done their own independent investigation or had the State investigate them. They could have made their own referral to the Grand Jury. They have done nothing.

      As far as the election goes, Obenberger and Weber will be out January1st. That is why nothing has changed to date. As soon as the Cancer is removed I am hopeful that Mono County Sheriff’s Department can be restored to a law abiding law enforcement agency once again. There will still be several people on the department that are part of the cancer cluster, so I am sure Ingrid Braun has her work cut out for her. I have faith she will restore this department to something admirable again.

      I do believe you are correct about the Grand Jury. They should do a thorough investigation of the Sheriff’s Department as it has serious issues that desperately need to be addressed.

      Remember all of this. When these Federal Lawsuits go through the court system, your board of supervisors cannot claim they had no knowledge because they have known for years. Their inaction makes them just as much at fault and Mono County liable!

  2. sierraslugger September 30, 2014 at 2:11 pm #

    If you look at Mono County’s budget there is “SPECIAL DEPARTMENT EXPENSE” listed in most of the departments. Gee I wonder where that money is going. Just think if they were to use just part of that “SPECIAL DEPARTMENT EXPENSE” money, pay Mr. Luman his back pay then put him back to work they can stop bleeding money. Stay tuned for the next Federal Court case….

    Look at the departments and ask yourself where is all of the money really going anyway. Or we could ask the County Supervisors…………..LOL!

    • Really... October 1, 2014 at 8:49 pm #

      Special department expense is for things that don’t fit into the other categories. ALL of the expenses are laid out at the budget hearings and at the budget town hall. If you’d like to criticize how the county is run you may want to educate yourself first.

      • sierraslugger October 2, 2014 at 9:06 am #

        Hey Really, I put together budgets for a fortune 200 company. I don’t deal with Millions I deal with Billions… I know what goes into spending budgets. So for the County to be transparent as they would try to make us believe they need to develop Additional General Ledger codes so everything has a place holder for requested monies.

        Run it like a business with stock holders… being the residents in the County.

  3. john September 30, 2014 at 9:57 am #

    Why should County Counsel care how much it will cost the Mono County taxpayers?
    They can just continue being incompetent and they will all still have a job.

    • Mark September 30, 2014 at 2:08 pm #

      Nobody who works for the County cares how much anything cost the taxpayers.

      • County employee September 30, 2014 at 3:10 pm #

        Mark I am a county employee and I do care how much money is wasted I am also a home owner in mono county! You should think before you lump all the county employees into one group. The rank and file have no control over what the board or upper management spend money on. We just get to be beaten down by someone like you because you think we ge paid to much.

        • Mark October 1, 2014 at 6:21 am #

          So am I hearing you say you wouldn’t take a cut in pay & benefits to save your job?

          • County employee October 1, 2014 at 7:57 am #

            Wow Mark we have had no raises and have taken cuts in the last two negotiations we pay more for insurance also. You know what happens when you assume you know when you really do not have a clue what is going on.

          • Mark October 1, 2014 at 10:54 am #

            Well then if no one is willing to take a cut in pay or bennies… time for layoffs.

            Personally I’d take a cut in pay and bennies to save the job that allows me to live in the Eastern Sierra.

            to each his own, good luck.

          • Mark October 1, 2014 at 12:47 pm #

            I’ll take your job in a heart beat.

            —this is where you have nothing else to say but to claim I couldn’t do your job

          • Charles O. Jones October 1, 2014 at 3:22 pm #


            The Mono County website currently shows 5 open positions. Why not go and apply for a job rather than attacking someone you know nothing about?


          • County employee October 1, 2014 at 6:20 pm #

            You have the right to put in for a county job when one comes up you are qualified for just like I did.

    • Totally Agree September 30, 2014 at 2:22 pm #

      I totally agree with you John! There is no accountability for their actions or how they handle things. Money seems to be no object to them and they just float from day to day collecting a paycheck they do not deserve!

      • Mark October 1, 2014 at 7:32 am #

        No accountability because we allow it

  4. Wondering???? September 30, 2014 at 7:54 am #

    Is there any judge that they actually obey the orders of??? They don’t Obey Judge Eller’s orders or Judge Garbolino’s orders.

    I guess being a Superior Court Judge just means nothing to them.

    What is their excuse going to be when they get a ruling against them in Federal Court?

    They already have three current Federal Court cases with Boulalaam’s two that he filed and the Madrid case. Discovery is now open on that one and will be coming to a head soon.

    If you add Luman to that, you will have four…. guess we will see soon won’t we?

  5. Tax Payer September 30, 2014 at 7:32 am #

    The Supervisors are looking at laying off people and yet the County continues to fight Mr. Luman going back to work. Costing taxpayers more money on a matter that was settled months ago. Put him back to work all ready. Seems to me that County Counsel is a sore loser and need to be held accountable.,

    I agree that the Grand Jury should look into this and the extravagant spending by Mono County, I think Jon Boyer can get the job done.

    • Mark September 30, 2014 at 11:40 am #

      You don’t lay people off, you cut pay & benefits until people leave for higher paying private sector jobs.

      At that point the pay is about right.

      of course this way of thinking will get a lot of thumbs down but it’s still the way it should be

      • Mark September 30, 2014 at 2:42 pm #

        Oh yeah pretty soon there will be only one employee but he’ll be paid damn well and have excellent benefits

  6. Reality Check September 29, 2014 at 7:44 pm #

    I really admire Mr. Luman and Ms. Bellomo for fighting this fight and staying with it despite the unethical actions by Mono County, especially the County Counsel. Mono County was ordered by Judge Eller to reinstate Mr. Luman with back pay and they have not done it. Their bougus excuse of a hiring freeze is comical at best and a insult to Judge Eller.

    If Mono County takes this to a jury trial where the jury decides damages, they will have to lay off half the county employees to pay the judgement.

    I really hope the new grand jury takes this one on. With a hard nose investigator like Jon Boyer as foreman, the county will not be BS their way out of this one..


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