Mono County delays response to court order in Madrid case

mono_courthouse_10-08.jpgAfter two and a half years, an arbitration and a court hearing, the Mono County Counsel now claims that Deputy Jon Madrid was never effectively fired. Madrid’s controversial termination was documented in a letter from then Sheriff Rick Scholl on November 7, 2011. Madrid appealed his termination and Mono County fought to uphold Madrid’s firing in an arbitration and then a recent Superior Court petition. Now the County Counsel says the termination Mono County tried to uphold never became effective. Mono County did lose both efforts to maintain Madrid’s firing. An arbitrator and a judge ordered Madrid’s reinstatement. Mono County Counsel Marshall Rudolph did not respond about what all this means to the Madrid case. He did say, “No final decisions have been made by the County” on what to do now.  He said he could not say anything more publically at this time.

Judge James Garbolino was sure about his position on the case. He basically stated that the Mono Sheriff’s Department harassed Madrid who, said the Judge, was the victim of unsupported evidence or at worst the victim of “a deliberate scheme to terminate him for inappropriate reasons.” Judge Garbolino ordered reinstatement of Madrid and denied any delays.

The County Counsel did not say if the County will obey the Judge’s order. Rudolph did say the decision to terminate Madrid “actually never became effective because of Madrid’s timely administrative appeal of that decision.” Rudolph alleges that since the arbitrator did not uphold Madrid’s termination, he’s not fired. Rudolph did not respond to the question of what all of this means to Madrid, who has waited two and a half years for final disposition of his case.

It was in the 2011 letter from Sheriff Scholl that the final action on Madrid was stated. The letter says of Madrid, “Termination from employment with the Mono County Sheriff’s Office. This action will be imposed immediately.” It was six months after that termination that Madrid was ordered to return to the Sheriff’s Department to sit in a chair all day long with no gun, badge or uniform. Judge Garbolino called the chair duty “further punishment.” Said the Judge, “His assigned duties were lesser than those of a WalMart greeter.” The Judge called treatment of Madrid by the Sheriff’s Administration “serious abuse of discretion.”

Madrid has filed a federal civil rights case against Mono County and Sheriff Ralph Obenberger relating to matters surrounding his termination.

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20 Responses to Mono County delays response to court order in Madrid case

  1. Concerned May 8, 2014 at 1:59 pm #

    One last note! The county code and the government code clearly spell out the appeal process! Clearly, the county accepted this policy as well as the sheriffs administration! Why go to all of this effort to establish an agreed upon process, if your just going to ignore it and do you own thing! Ignoring the laws to suit one or a small groups agenda is by its own definition a police state! Last time I checked, this is America!

    Ralph Obenberger and the county cousel are spitting on the established laws And policies!

    Time to wake up, vote right, vote for Ingrid Braun!

  2. Witness May 6, 2014 at 12:34 pm #

    Hey Bennett, is there anyway the public could find out how much tax payer money has been spent so far on this obviously expensive wrongful termination case? For a county that has publicly reported that they are in financial distress, how can they afford this?

    • Benett Kessler May 6, 2014 at 1:19 pm #

      We have begun an inquiry on that. Will let you know.

    • How do you think May 6, 2014 at 4:00 pm #

      How do you think they are going to pay for it. On the backs of the employees that DO NOT make six figures a year, on the backs of the employees that do all of the hard labor, on the backs of the employees that truly serve the public. THAT, Witness is how they will pay for their mistakes and fabrications. It isn’t the line level employee that made these decisions but I will bet you a dollar to a donut that is where they will suck the money from

  3. Sheriff's Department Gone Wild May 6, 2014 at 12:20 pm #

    Is it just me or is there some other major issues here??? When they put Deputy Madrid in the chair in the lobby without a gun, vest, his badge or uniform they basically put his life in jeopardy for two months. Everyone that has ever been around LE offices know that this is completely unsafe and basically makes him a target.

    How is this right? Would they put a regular citizens life in jeopardy?? It sure stands to reason since they had no problem doing it to a deputy!

    Why is nothing being done to Scholl, Obenberger and whoever else did this to him?

    Never in my life have I heard of any employer treating their employees like this, much less a law enforcement agency doing such a thing. It is appalling.

  4. JaneE May 6, 2014 at 11:18 am #

    Given the contradictory nature of the county’s assertions, and the fact that the matter is being handled by the courts, is it possible that someone committed perjury? Or is lying in a court brief not a crime? And if he was not in fact terminated, has he been getting paid all this time or should we add wage theft to the list of complaints against Mono?

    This is a textbook example of local government at its worst.

    • Perjury May 6, 2014 at 3:10 pm #

      Yes JaneE perjury is a crime and if you read the hearing of Deputy Jon Madrid you can read multiple examples of it.

      It is very obvious when you hear someone speak in public. It was was not what he testified to.

      Conspiracy is also a crime and there are multiple examples of that also.

      Judge Garbolino called the MCSO’s actions illegal for a reason!

  5. Please Vote May 6, 2014 at 10:13 am #

    Please don’t forget the actions of this administration of the MCSO when you vote June 3rd. If anything this whole fiasco has taught us it is how far they will actually take things just to get their way. They do not abide by laws, rules, MOU’s, POBAR,,,, nothing. All they care about are their own agendas and they will try to destroy anything or anyone that does follow along their Good Ole Boy path.

    Vote smart and vote for a change in sheriff. It could change and reshape history in the MCSO and in Mono County as a whole. We need a department that has morals, integrity, and actually cares about the people they deal with and the employees that work for them.

    Vote Ingrid Braun on June 3rd!

    • I Love to Fish May 7, 2014 at 8:35 pm #

      I’m personally happy that O’l Burger has competition. As a BORN and raised kid of Mammoth Lakes, now Man of Mono County for 34 years… I’m personally grateful that Ingrid is running this D-Bag out. I’m sick and tired of being stereo-typed, harassed, and embarrassed for Bullshi* traffic stops by MCS – LE
      (“Oh your tire looked low, do you mind if I search you car?”) ” YEAH I DO, F-OFF.”
      Hope for change, She has my vote. 😉

      • Witness May 8, 2014 at 11:33 am #

        I love to fish, I feel your pain! The current Mcso administration supports this kind of grey area law enforcement! Constitution, what constitution? It is clear the big Mac attack on mono county needs to be stopped! And god forbid if you happen to have a burning man bike on the back of your car! Your gonna get searched anyway!

        I firmly believe the voters of mono county need to break this chain of the O’l burger network and start with Ingrid Braun for sheriff! A refreshing change to the police state that had been ongoing!

  6. John May 6, 2014 at 9:58 am #

    So what’s the story with the dunce chair caper. Was that Dan Paranick’s brainchild?

    • Extra cheese May 6, 2014 at 12:27 pm #

      John, as testified by RESIGNED sheriff Rick Scholl and now APPOINTED sheriff Ralph obenberger! They stated that the punish chair position was initiated previously by an unknown sheriff to an unknown deputy as a form of punishment! Regardless, it is illegal to do so and a direct violation of the government code! What better way to encourage other employees not to step out of line of the good ol boy system! Right!

  7. Mono and the Devil May 6, 2014 at 8:42 am #

    Will Mono now claim that he quit his job or some other line of BS? Makes me think that the “Hazzard County” moniker is better than Mono County deserves. Don’t they realize that Luman and Madrid are human beings? This is really sick and evil stuff! You can forget TRUTHFUL and HONESTY when you hear MONO because HEARTLESS and CRUEL are the words that are more fitting.

  8. Continual Harassment May 6, 2014 at 6:21 am #

    Can you imagine what Judge Garbolino is going to think when he reads that now Mono County is claiming Deputy Madrid was never terminated? Mono County is the one that asked for the WRIT that brought him to Mono County in the first place. He makes a ruling against them twice and now they claim he was never terminated and in the first place!

    This is going to be ugly! It is nothing more than another act of harassment by the county against Madrid and a total display of disregard for the law! Judge Garbolino will clearly see their never ending retailiation against this Deputy. Can you imagine what a Federal Judge will think when he reads Mono County totally disregarded a Superior Court Judge? Much less a jury listening to this continual unethical and disgusting treatment of an employee that is a Veteran and a long time servant in the enforcement of the very laws this county clearly does not follow!

    What is the motto on the sign as you are entering Mono County about veterans???? Guess it doesn’t apply if you are an employee of MCSO!

  9. johndoeml May 5, 2014 at 8:13 pm #

    County counsel isn’t setting strategy, so who is? Seriously, if job of counsel is to represent the county, then others in the county are setting the policy. Makes me feel bad for counsel. Maybe the current supervisors need to explain this and the Luman case. Not trying to get Obenberger entirely off the hook, just saying there seems to be something going on behind the scenes.

  10. Ironic May 5, 2014 at 8:06 pm #

    Wow the Nose Grows! County Counsel is claiming it was all Scholl after Ralph Obenberger just told the crowd in Lee Vining that County Counsel is the who made the decision to terminate Deputy Madrid.

  11. Over the Berger May 5, 2014 at 7:42 pm #

    Funny they never mentioned any of this before… Guess this is just another example of that “colorful” law that Mono County follows. Lol

  12. Clown show May 5, 2014 at 7:14 pm #

    Actually Judge Garbalino stated what Mono County did was illegal, because you can’t call a terminated employee back and make them sit in a chair. It is obvious that Judge Garblino believed Deputy Madrid was terminated,,, he probably believed that from all the court documents, testimony, the WRIT that county council filed, the briefs that he read, and statements from county council that all claimed Madrid was terminated….. But they lose three times in court and now that has all changed.

    There aren’t even words to explain this kind of complete incompetence.

    Mono County has hired two different Law firms to fight Deputy Madrid… and now they come up with this song and dance??? I think every taxpayer would sure like to know why they spent all this money if Deputy Madrid was never even fired!

    You can’t make this stuff up! It needs to be a movie!

  13. Rick O'Brien May 5, 2014 at 7:11 pm #

    Grasping at straws…the timing is excellent for Ingrid…Obie, not so much. Less than a month to go, people.

    • Big Mac Attack May 5, 2014 at 7:47 pm #

      @ Big Rick O’Brien thanks for the laugh of the day!

      He can always go back to being a manager at McDonalds!


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