Luman case decision within 30 days

mono_courthouse_10-08.jpgFormer Mono County Road Department mechanic Dick Luman went to court nearly two years ago to fight for reinstatement to his job. The petition filed accused Mono County and others of “prejudicial abuse of discretion” and failure to grant Luman a fair appeal hearing. Judge Stan Eller heard arguments Wednesday and will issue a written decision in the case within 30 days.

Attorney Katie Bellomo represented Luman. Deputy County Counsel John Vallejo represented Mono County and the County Appeals Board which included then Undersheriff Ralph Obenberger, employee Ken Goode and then Supervisor Tim Hansen.

At issue before the Court – does evidence from the Personnel Appeals Board hearing support the finding that Mr. Luman’s remark to a Public Works supervisor was a threat of violence or was it a “wisecrack”, as Luman had contended. His termination was based on the finding by two of the three Appeals Board members that he threatened his supervisor. Also at issue – was the penalty of termination excessive.

Attorney Bellomo had also raised the issue of potential conflicts regarding Obenberger and Goode. Bellomo had argued that Obenberger was privy to the Sheriff’s Department investigation of Luman’s altercation with his supervisor and that Goode had a law enforcement conflict as well. Bellomo said these conflicts prevented Luman from having a fair appeals hearing.

 

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John
John
7 years ago

I wonder if County Counsel got the new Judge that they wanted for this case.

Benett Kessler
Benett Kessler
7 years ago
Reply to  John

They got Mono Judge Stan Eller.

John
John
7 years ago
Reply to  Benett Kessler

Stan Eller was Mono D.A. before becoming a Mono Judge.

27 Days
27 Days
7 years ago

27 days and counting and then I am sure Mr Vallejo will start claiming that Judge Eller is biased against Mono County. Care to bet????

Really?
Really?
7 years ago

I have great faith in Judge Eller that he will render a fair decision.

Can't Wait
Can't Wait
7 years ago

Eagerly awaiting this ruling! Mono County will go down once again! Things are coming to a head and reality is surfacing to the lame Mono County Council!

The real facts
The real facts
7 years ago

The real facts are that Deputy Hansen did a supplemental report at the request of Lt Weber after Rita Sherman gave the independant investigation to the sheriff’s department. It is another case of a mysterious “supplemental report” that pops out of the sheriff’s department after a request from other Mono… Read more »

Really?
Really?
7 years ago
Reply to  The real facts

Kinda sounds like the supplemental report written 6 months after the vehicle stop, when the original report did not have any reasonable suspicion for the stop or probable cause for the search. Funny how that happens!

Witness
Witness
7 years ago
Reply to  The real facts

And….. Yes this is the very same Rita Sherman that was the president of the board of directors of Trindel Insurance company. The same insurance company that provides liability and Worker’s compensation insurance for Mono County! Does anyone else see a conflict of interest here? The HR director has a… Read more »

Really?
Really?
7 years ago
Reply to  Witness

I think a new TV series could be made out of all this. “Dukes of Mono”.

Your answer
Your answer
7 years ago
Reply to  Really?

It is Dukey alright! Ralphsco P. Obentrain! Lol

Tinner
Tinner
7 years ago

Good grief, this still?

Really?
Really?
7 years ago

How many supplemental reports did the Sheriff’s Department write on this case and how was the supplemental report different from the original report? What facts changed with the supplemental report(s)?

Benett Kessler
Benett Kessler
7 years ago
Reply to  Really?

I recall that the supplemental report changed eye witness reports on what happened with the alleged altercation involving Luman and Brett McCurry, his supervisor.
The supplemental was not favorable to Luman.
BK

Your answer
Your answer
7 years ago
Reply to  Really?

The answer to your question is there were two supplemental reports.

One from Deputy Hansen ordered by Lt Weber.

Then another one from Sgt Beard appeared after that.

Really?
Really?
7 years ago
Reply to  Your answer

Thanks YA! It sounds like a case of when the investigative facts don’t fit the county’s desired outcome….write some supplemental reports and make up some new facts!

Your answer
Your answer
7 years ago
Reply to  Really?

Exactly! It doesn’t take a rocket scientist to figure it out. Funny no one seems to do anything about it though.