Court of Appeal grants Mono a stay on another Luman appeal

monocourtbdgptDick Luman, 15-year Road Department mechanic for Mono County has tried and tried to get his job back. He’s still trying.

Mono County filed a petition appealing the most recent order of Judge Stan Eller that required the County to reinstate Luman while the underlying appeal of his firing is pending. Mono County appealed that order. Earlier this month, the Court of Appeals granted the County’s request of a stay without providing any reason. Now, the entire appeal process is apparently pending before the Court of Appeals.

More than two years ago, Mono County fired Luman for an on-the-job dispute. After a failed appeal, his attorney, Katie Bellomo, took the case to Superior Court where Judge Stan Eller ruled that Luman should not have been fired, should be reinstated and should be given a new penalty hearing with the result something other than termination. The Mono County Counsel appealed that order.

While that appeal is pending, Bellomo asked Judge Eller to reinstate her client who has been unable to find a job due to the cloud of legal uncertainty over his situation. Judge Eller ordered the County to reinstate Luman on or before October 27th. They did not.

Judge Eller’s decision describes Dick Luman as a 62-year-old man “who has labored in his profession as a diesel mechanic for approximately 40 years.” The Judge notes that he was terminated in December of 2011 and that for nearly 3 years he has been unable to obtain employment as a mechanic.

The decision says that “His ‘terminated’ status is a stigma that has rendered him an outcast and a reject that has prevented him, especially at his age, from obtaining meaningful employment in his profession.”

The decision goes on to say that “This dilemma has caused not only severe economic hardship. It is clear,” writes the Judge, “it is also taking a personal toll on Mr. Luman rendering him unable to continue in a profession he has essentially spent his entire working life in; especially now at the twilight of his career.”

The Judge concludes that Luman is entitled to relief sought which he believes will not render the County’s appeal meaningless. The decision says Mr. Luman’s reinstatement would be temporary for the period only of the County’s appeal. The Court of Appeals disagreed.

 

, , ,

14 Responses to Court of Appeal grants Mono a stay on another Luman appeal

  1. A Citizen October 28, 2014 at 5:12 pm #

    Anyone else see the irony in this?

    A lot like having 10,000 spoons when all you need is a knife!

     
  2. Trouble October 28, 2014 at 8:42 pm #

    Citizen, I think it just shows that Mammoth legal beagals are just as screwed up as the rest them. That goes for both our political parties!

     
    • Benett Kessler October 29, 2014 at 9:18 am #

      Just one point – this case is one from Mono County – not the Town of Mammoth Lakes. BK

       
    • Reality Check October 29, 2014 at 5:18 pm #

      Trouble is not one to be troubled with the actual facts of the matter.

       
      • Trouble November 1, 2014 at 7:58 pm #

        Thanks Reality, I have no trouble agreeing with that. Staying focused and paying attention is for jury duty, not blogging.

         
  3. sierraslugger October 29, 2014 at 8:00 am #

    Well- Here it goes again, another Appeal, In the attached link it makes statements of corruption within Mono County Government, Go figure that. As unfair as the county has been regarding Dick Luman it seems that his case will never be settled.

    So having said that I have collected all documents that are available to the public that are on the internet and News stories from Sierra Wave and forwarding them to CNN news desk in attempts to get national attention for Mr. Luman.

    This would be a great story line– Next on CNN– Corruption in California’s Mono County Government. The Dick Luman Story.

    I can just Imagine how the story would open, zooming in image of Google earth right onto the Mono County Seat, Then with a reporter in front of the court house talking about corruption in Mono County.

    http://www.monocounty.info/EmpContracts/LUMEN%20Statement%20for%20papers.pdf

     
    • I wonder October 29, 2014 at 1:59 pm #

      I wonder sierraslugger if the board would care? This county is going down hill fast! I wonder if a big winter will help LOL.

       
    • I wonder October 29, 2014 at 2:18 pm #

      Sierraslugger how about kolo news in Reno ?

       
    • john October 29, 2014 at 3:58 pm #

      Yes, and the corruption in Mono County has been going on for a long, long time.

       
      • As usual November 1, 2014 at 9:49 am #

        There has been corruption in the powers that be for a long time. I agree this needs to be sent to someone, perhaps it should go to the Attorney General to investigate. So as well as sending your information to CNN why not send it there also.

        Just a thought.

         
  4. I agree November 2, 2014 at 12:28 am #

    Someone of power should be called in to investigate Mono County from top to bottom. The corruption runs deep and many are involved. MCSO, County Counsel, DA’s office, you name it. Even the BOS inaction in all these matters proves to me that they are corrupt also or at a minimum untrustworthy. I thought it would get better when Hazard and Bauer were voted out, but no nothing has changed. Status quo as usual. They do anything they want with no repercussions whatsoever. Ruining peoples lives as they please. They disgust me!

    One thing I can say is, people you pay their salaries and you know who they are so speak up people and tell them what you think of them or of their actions! Your taxes give you that right! Right is right and they are WRONG!

     
    • Ken Warner November 2, 2014 at 10:15 am #

      If you have concrete information, call the FBI and tell them about it.

       
      • Reality Check November 3, 2014 at 5:38 pm #

        Just for everyone’s information! Simply placing a call to the attorney general or the FBI or any other entity does not get folks flying into mono county to investigate!

        I have made these phone calls over the past few years! They tell you you can fill out a form detailing the issue and maybe they will look at it! They also tell you in the same breath that this will only happen once all judicial remedies have been exhausted!

        But hey if anyone has a magic phone number I can call, send it to me and I will dial it!

         
  5. Interested November 2, 2014 at 9:43 am #

    I am in complete agreement as well. Office of the attorney general, FBI, anyone investigating this county would be helpful and would help the honest citizens of this county!

    Why does the voting button to work to like the above comment???

     

Leave a Reply



KSRW · 1280 N. Main St. Suite J · Bishop, CA 93514 · 760-873-5329
Positive Projections Web Design