Mono County appeals Luman case

monocourthouse2008Last month, Judge Stan Eller issued an order for Mono County to reinstate terminated employee Dick Luman with all pay and benefits with interest. Instead, Mono County has now filed a notice of appeal of Judge Eller’s order.

Mono County fired Dick Luman two and a half years ago. He had worked for 15 years as a mechanic in the Road Department. Disagreements had developed between Luman and his supervisor, Brett McCurry. Finally an altercation took place and both Luman and McCurry were fired. McCurry was reinstated after a closed appeal hearing. Luman was alleged to have said something threatening to McCurry. Luman’s appeal board upheld his termination.

Attorney Katie Bellomo took Luman’s case to Superior Court where Judge Stan Eller recently ruled that Luman should not have been fired. The Judge’s decision said that evidence supported that Luman had made a threat and misleading statements but that “the most extreme form of penalty, termination of employment, was grossly excessive.”

The Judge’s decision pointed out that Luman had worked for Mono County for many years with no prior history of any discipline and was characterized as responsible, capable and trustworthy. The order said Luman was promoted to the highest level in his job classification. The Judge called the incident with McCurry “isolated.” He also said that Mr. Luman “got the worst of it as he suffered a cracked rib and a hernia requiring surgery.”

The notice filed by the Mono County Counsel’s office does not say on what grounds the County will appeal Judge Eller’s order regarding Luman. The Judge had also ordered that Mr. Luman be given a new penalty hearing that would result in something less than termination. Apparently that will not happen either as the County pursues an appeal.

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Gistine
Gistine
8 years ago

Oh, the things I could tell you people, but I am legally prohibited in doing so. What I will say is you are all correct. The corruption, mismanagement, lies, turning of a blind-eye, injustice, illegal conduct – it’s all there and I have lived it and continue to live it.… Read more »

John
John
8 years ago

Mono County has had such a free rein to violate people’s rights for so long now, they just can’t accept change. Marshall Rudolph is just doing whats he’s always done, and whats always been done in this county. Mono County Code is set up so that if you’re a good… Read more »

Agreed
Agreed
8 years ago
Reply to  John

Marshall Rudolph isn’t the only one that does this. Ralph Obenberger does this same thing over and over. When there is a policy that doesn’t suit his needs he just changes it. Never sends it through the DSA or anything. Case in point the no light duty policy. He hurts… Read more »

Really
Really
8 years ago
Reply to  Agreed

It sounds like in Mono County Government, JUSTICE really means JUST US!

Remember June 3rd
Remember June 3rd
8 years ago

Remember June 3rd fellow citizens which candidate for sheriff did not have the integrity or fortitude to recuse himself from being on this panel! He knew full well it was a conflict of interest and still didn’t have the morals to what was right, even when this issue was brought… Read more »

MK
MK
8 years ago

As others have stated so well. This will go on and on until the county decides to stop. The county will take this case to the highest court. The county has an endless supply of money. This is proof that they intend to use it! This is very typical of… Read more »

Watching
Watching
8 years ago

Dark times ahead for Mono County. The smarter employees are getting ready to bail leaving the same inept elected officials running everything …
into the ground.

Bob
Bob
8 years ago

What ever happen to UpTheCreek?

This would be a good time for UpTheCreek’s Gov gone wild comment

I wonder
I wonder
8 years ago

I wonder when this board will wake up! The upper management get to keep there employees beat down. I think that if this new CAO would wipe the top off and get people in here that have some kind of connection with mono county like living in the county they… Read more »

Desert Tortoise
Desert Tortoise
8 years ago

Both Mr. Luman and Mr.McCurry should have been fired on the spot for fighting. Period. There is no excuse whatsoever for physical violence in the workplace. Whomever threw the first blow should have been prosecuted and both should have been fired. That is the only fair way to deal with… Read more »

Disgruntled citizen
Disgruntled citizen
8 years ago

How do you suffer a cracked rib and hernia needing surgery from a verbal altercation???

Benett Kessler
Benett Kessler
8 years ago

It wasn’t just verbal.
BK

disgruntled citizen
disgruntled citizen
8 years ago
Reply to  Benett Kessler

Thanks BK for the clarification.

Wondering
Wondering
8 years ago

I am sitting here reading all this and wondering…. are there any rules Mono County actually follows? This appeals process was set up by the county,,,, yet they refuse to follow it. Even when a superior court judges tell them to. Mind you this is after they claimed the first… Read more »

Bob
Bob
8 years ago

Appears to be a problem with anyone elected in Mono County

Witness
Witness
8 years ago
Reply to  Bob

I agree Bob, I would like to add appointed too! Obenberger had his hand in this and other costly decisions! But not to worry he would do it again! He said so himself at the Lee Vining forum! Seems as though Mono County is going through more administrators than a… Read more »

Super size it
Super size it
8 years ago

I guess the Honorable Judge Eller is biased and prejudice towards mono county! Another delay, another $3000 dollars down the drain! That’s what is costs to file a case to the court of appeals! They will lose this one as well! The county counsel needs to be disbarred for malpractice… Read more »

Total Travesty
Total Travesty
8 years ago

What Mono County has put this man and his family through is just cruel and unusual punishment! I can’t even imagine how they must feel! First Mono County was at fault for this situation in the first place by not doing anything about the constant complaints about how he Brett… Read more »

The Big L as in LOSERS
The Big L as in LOSERS
8 years ago

Remember folks the BOS met with the County Counsel about making this choice for the last two weeks at the BOS meetings. They voted on it and chose to take this path. It is total disregard for what is best for the county and its people! I believe a recall… Read more »

Prediction
Prediction
8 years ago

Well my prediction of a month ago came true. In typical loser style they filed an appeal to fight the inevitable. Didn’t even give a reason,,,, because they don’t have one! Guess the Mammoth lawsuit taught them nothing! I hope Judge Eller is paying attention to how much they think… Read more »

Pardon the crudeness
Pardon the crudeness
8 years ago
Reply to  Prediction

Prediction – Don’t forget Rudolph is merely following directions from his bosses (Supervisors and CAO). If you want get rid of somebody – get rid of them. They are stuck together like copulating dogs in the street. Totally in love with themselves and not giving a rat’s ass what they… Read more »

Prediction
Prediction
8 years ago

I have to say you gave me a good laugh with that one! I do agree with you about your vivid depiction of the imbeciles running Mono County and that there are several people that are love with themselves and have egos the size of houses. Unfortunately for us! Rudolph… Read more »

suseeque
suseeque
8 years ago

Don’t forget that if Rudolph was half the attorney he says he is he would advise the board to stop this. But, he isn’t and hasn’t been more. Put his name on the list with the board.

Pathetic Egomanics
Pathetic Egomanics
8 years ago

The only reason this continues is their egos are so out of control they cannot just accept that they LOST! They will continue this pathetic display over and over and PRETEND to practice law, as displayed once again by them not even giving a reason to appeal it. This is… Read more »

WAKE UP FOLKS
WAKE UP FOLKS
8 years ago

What a crock. This is what needs to cease. The county will continue to fight indefinitely. Why because unlike you or me they have an endless supply of money. Who’s money you ask! Ours or anyone who lives or spends money in Mono County. The obviously want to wear luman… Read more »