.
BELIEVE ME, I hate to admit this, but (now "ex") Town Attorney Martin Brannan has been right a few times:
1. Judge Burke agreed with Brannan when Burke issued the TRO on August 27, 2012 against Orgeron's agenda items regarding Taft, Gilbert, Johnson and Garcia.
2. Council member Orgeron was forced to hear Judge Burke’s music.
3. Orgeron decided to become the de facto "Town Attorney" and argued with Brannan, that he (Orgeron) knew the law better than Brannan. IN THIS CASE, , the ADMIN LEAVE STATUS OF TAFT, Brannan had TRIED TO WARN THE COUNCIL, and HE DID IT IN PUBLIC at the AUG 28 meeting, just before the "executive session" which Taft was excluded from.
4. Orgeron apparently convinced the rest of the Council Taft could remain an employee, and “without cause” have her EMPLOYMENT CONTRACT unilaterally amended by the Council.
5. THE COUNCIL THEN DID SO, they amended her EMPLOYMENT CONDITIONS, WITHOUT HER WRITTEN AGREEMENT, and without providing her any opportunity to address WHY they were doing so.
6. The COUNCIL VOTED TO AMEND HER EMPLOYMENT CONDITIONS without discussion.
7. THE COUNCIL set new employment conditions ON HER: that she has to stay in her home from 8:00 am to whatever, blah blah blah..., yada yada yada...
8. Soon after the COUNCIL DID THIS: It is quite likely that when the Risk Pool became aware Taft had been put on “administrative leave” as of SEPTEMBER 28, through Taft or another Town official.
9. The RISK POOL BECAME AWARE THAT: instead of Taft’s employment CONTRACT being terminated for cause or without cause IT WAS UNILATERALLY AMENDED BY THE COUNCIL.
10. THE RISK POOL SAW YET ANOTHER EMPLOYMENT-RELATED DAMAGES CLAIM SOON BUDDING >>> FROM TAFT. The Risk Pool apparently sided on the side of caution (CONSIDER BRANNAN’S LEGAL THEORY HE WARNED THE COUNCIL)
11. THE RISK POOL APPEARS TO HAVE FREAKED OUT by SEPTEMBER 7 and then the RISK POOL TRIED TO GET IN TOUCH WITH THE COUNCIL, and asked that TWO COUNCIL MEMBERS BE IDENTIFIED TO GET IN TOUCH WITH THEM “IMMEDIATELY” <<<<< This NEVER has HAPPENED >>>> THE COUNCIL IGNORED THE RISK POOL REQUEST..
12. By SEPTEMBER 7, FOUR OTHER EMPLOYEES WERE COMPLAINING ABOUT AN ADVERSE-WORK ENVIRONMENT at TOWN HALL > THE Risk Pool was quickly made aware of this, it appears by Brannan (maybe).
13. Taft’s terms of employment are set forth in her contract and of course there will be some controlling law in such regards, however the Council UNILATERALLY CHANGED TAFT’S EMPLOYMENT TERMS, and MADE UP NEW employment- terms NOT IN HER CONTRACT AND THESE Terms are BEING FORCED UPON HER, WHICH HAS PRECIPITATED OTHER ISSUES that can give rise to A CLAIM against the Town, too,
SUCH AS:
a) These SPECIAL & NEW EMPLOYMENT terms WERE made public by the COUNCIL and local people have even (innocently enough, I suppose) been photographing TAFT in public when TAFT is seen out and about, because the community THINKS what the Council did to Taft is "legal" and citizens are thereby led to believe they might catch her doing something or somewhere she’s not supposed to be, & then they think their ‘evidence’ might HELP the TOWN bring about her dismissal,
b) FURTHER POSSIBILITY IS THAT THE UNLICENSED PRIVATE INVESTIGATOR Tony Ford (CIA agent for Bruno) has been following Taft,
THINK VIOLATION OF PRIVACY…..
14. FURTHER, THE RISK POOL advised the Council in the SEPTEMBER 7 WARNING LETTER, that personnel matters are the "most expensive" for the Pool to litigate, so the RISK POOL has a VESTED INTEREST in containing and mitigating ANY ADVERSE-EMPLOYMENT CLAIM WHICH COULD BE MADE BY TAFT.
15. FURTHER: ON September 7, 2012 Brannan tried again to remind the Council in a TWO PAGE MEMO that they were in a position to loose their INDIVIDUAL qualified immunity, if after he gave them advise, the went against it.
16. A. NOT ALL COUNCIL MEMBERS may be willing to be sued individually, based on ORGERON’S LEGAL THEORIES, >> 16. B. Brannan's position appears to be: iTAFT MAY BE IN A POSITION TO SUE COUNCIL MEMBERS INDIVIDUALLY, and they may have lost their qualified immunity BY WHAT THEY DID TO HER, against the Town Attorney’s legal advice.
17. RESTATING: IT IS MORE PROBABLE than NOT: Taft may have an adverse employment claim against the Town (WHICH ALSO MEANS THE RISK POOL !!!) and against the Council members individually, as they ignored Brannan's advice.
18. EVERY DAY TAFT IS SUBJECTED TO THE CONDITIONS OF EMPLOYMENT (the admin leave status and the SPECIFIC RESTRICTIONS ON HER) which ORGERON WANTED and convinced the Council to institute by a vote, TAFT’S POTENTIAL CLAIM FOR ADVERSE-EMPLOYMENT DAMAGES INCREASES, and each day the RISK POOLS Risk because of this INCREASES.
19. TAFT NEEDS TO BE REINSTATED, and appropriately discharged, per her contract and the law, and THE RISK POOL has had enough of Orgeron and the Council who has thumbed their middle-finger at the POOL as regards all the hirings and firings and ADMIN LEAVE issues which have been going on since AUGUST 23, 2012.
20. THE COUNCIL NEEDS TO SHOW SOME real balls and leadership, and that WILL NOT HAPPEN through hiding behind Bruno’ skirt so they can avoid dealing with the Risk Pool, as the Pool asked for TWO MONTHS AGO.
21. It is a CONFLICT OF INTEREST for Bruno to have any involvement in the TAFT MATTER.
POSSIBLE CONCLUSION:
A. Reinstate Taft and then seek a VETTED replacement, THEN DISMISS HER 'with or without cause" in the LAWFUL DUE PROCESS set forth by LAW & HER CONTRACT; so as to SALVAGE the Town's relationship with the POOL:
B. Bruno obviously isn’t fitting the bill in the Risk Pool’s opinion, as BRUNO was NOT vetted by the Pool or the LEAGUE,
C. ONLY 23 days after BRUNO was appointed by ORGERON and his peons on the Council, WORKMAN VOTED “NAY” the OCT 5 RISK POOL ”Intent to Terminate” letter was issued to the TOWN, restating, virtually, ALL the EARLIER concerns the Pool had basically made on SEPTEMBER 7, before Bruno was hired.
D. BRUNO cannot act as a de facto TOWN COUNCIL.
E. TAFT IS in a position to not only SUE THE TOWN BUT the RISK POOL de facto, as the POOL is the loss coverage provider if TAFT has filed or does file an adverse employment claim.
BELIEVE ME, I hate to admit this, but (now "ex") Town Attorney Martin Brannan has been right a few times:
1. Judge Burke agreed with Brannan when Burke issued the TRO on August 27, 2012 against Orgeron's agenda items regarding Taft, Gilbert, Johnson and Garcia.
2. Council member Orgeron was forced to hear Judge Burke’s music.
3. Orgeron decided to become the de facto "Town Attorney" and argued with Brannan, that he (Orgeron) knew the law better than Brannan. IN THIS CASE, , the ADMIN LEAVE STATUS OF TAFT, Brannan had TRIED TO WARN THE COUNCIL, and HE DID IT IN PUBLIC at the AUG 28 meeting, just before the "executive session" which Taft was excluded from.
4. Orgeron apparently convinced the rest of the Council Taft could remain an employee, and “without cause” have her EMPLOYMENT CONTRACT unilaterally amended by the Council.
5. THE COUNCIL THEN DID SO, they amended her EMPLOYMENT CONDITIONS, WITHOUT HER WRITTEN AGREEMENT, and without providing her any opportunity to address WHY they were doing so.
6. The COUNCIL VOTED TO AMEND HER EMPLOYMENT CONDITIONS without discussion.
7. THE COUNCIL set new employment conditions ON HER: that she has to stay in her home from 8:00 am to whatever, blah blah blah..., yada yada yada...
8. Soon after the COUNCIL DID THIS: It is quite likely that when the Risk Pool became aware Taft had been put on “administrative leave” as of SEPTEMBER 28, through Taft or another Town official.
9. The RISK POOL BECAME AWARE THAT: instead of Taft’s employment CONTRACT being terminated for cause or without cause IT WAS UNILATERALLY AMENDED BY THE COUNCIL.
10. THE RISK POOL SAW YET ANOTHER EMPLOYMENT-RELATED DAMAGES CLAIM SOON BUDDING >>> FROM TAFT. The Risk Pool apparently sided on the side of caution (CONSIDER BRANNAN’S LEGAL THEORY HE WARNED THE COUNCIL)
11. THE RISK POOL APPEARS TO HAVE FREAKED OUT by SEPTEMBER 7 and then the RISK POOL TRIED TO GET IN TOUCH WITH THE COUNCIL, and asked that TWO COUNCIL MEMBERS BE IDENTIFIED TO GET IN TOUCH WITH THEM “IMMEDIATELY” <<<<< This NEVER has HAPPENED >>>> THE COUNCIL IGNORED THE RISK POOL REQUEST..
12. By SEPTEMBER 7, FOUR OTHER EMPLOYEES WERE COMPLAINING ABOUT AN ADVERSE-WORK ENVIRONMENT at TOWN HALL > THE Risk Pool was quickly made aware of this, it appears by Brannan (maybe).
13. Taft’s terms of employment are set forth in her contract and of course there will be some controlling law in such regards, however the Council UNILATERALLY CHANGED TAFT’S EMPLOYMENT TERMS, and MADE UP NEW employment- terms NOT IN HER CONTRACT AND THESE Terms are BEING FORCED UPON HER, WHICH HAS PRECIPITATED OTHER ISSUES that can give rise to A CLAIM against the Town, too,
SUCH AS:
a) These SPECIAL & NEW EMPLOYMENT terms WERE made public by the COUNCIL and local people have even (innocently enough, I suppose) been photographing TAFT in public when TAFT is seen out and about, because the community THINKS what the Council did to Taft is "legal" and citizens are thereby led to believe they might catch her doing something or somewhere she’s not supposed to be, & then they think their ‘evidence’ might HELP the TOWN bring about her dismissal,
b) FURTHER POSSIBILITY IS THAT THE UNLICENSED PRIVATE INVESTIGATOR Tony Ford (CIA agent for Bruno) has been following Taft,
THINK VIOLATION OF PRIVACY…..
14. FURTHER, THE RISK POOL advised the Council in the SEPTEMBER 7 WARNING LETTER, that personnel matters are the "most expensive" for the Pool to litigate, so the RISK POOL has a VESTED INTEREST in containing and mitigating ANY ADVERSE-EMPLOYMENT CLAIM WHICH COULD BE MADE BY TAFT.
15. FURTHER: ON September 7, 2012 Brannan tried again to remind the Council in a TWO PAGE MEMO that they were in a position to loose their INDIVIDUAL qualified immunity, if after he gave them advise, the went against it.
16. A. NOT ALL COUNCIL MEMBERS may be willing to be sued individually, based on ORGERON’S LEGAL THEORIES, >> 16. B. Brannan's position appears to be: iTAFT MAY BE IN A POSITION TO SUE COUNCIL MEMBERS INDIVIDUALLY, and they may have lost their qualified immunity BY WHAT THEY DID TO HER, against the Town Attorney’s legal advice.
17. RESTATING: IT IS MORE PROBABLE than NOT: Taft may have an adverse employment claim against the Town (WHICH ALSO MEANS THE RISK POOL !!!) and against the Council members individually, as they ignored Brannan's advice.
18. EVERY DAY TAFT IS SUBJECTED TO THE CONDITIONS OF EMPLOYMENT (the admin leave status and the SPECIFIC RESTRICTIONS ON HER) which ORGERON WANTED and convinced the Council to institute by a vote, TAFT’S POTENTIAL CLAIM FOR ADVERSE-EMPLOYMENT DAMAGES INCREASES, and each day the RISK POOLS Risk because of this INCREASES.
19. TAFT NEEDS TO BE REINSTATED, and appropriately discharged, per her contract and the law, and THE RISK POOL has had enough of Orgeron and the Council who has thumbed their middle-finger at the POOL as regards all the hirings and firings and ADMIN LEAVE issues which have been going on since AUGUST 23, 2012.
20. THE COUNCIL NEEDS TO SHOW SOME real balls and leadership, and that WILL NOT HAPPEN through hiding behind Bruno’ skirt so they can avoid dealing with the Risk Pool, as the Pool asked for TWO MONTHS AGO.
21. It is a CONFLICT OF INTEREST for Bruno to have any involvement in the TAFT MATTER.
POSSIBLE CONCLUSION:
A. Reinstate Taft and then seek a VETTED replacement, THEN DISMISS HER 'with or without cause" in the LAWFUL DUE PROCESS set forth by LAW & HER CONTRACT; so as to SALVAGE the Town's relationship with the POOL:
B. Bruno obviously isn’t fitting the bill in the Risk Pool’s opinion, as BRUNO was NOT vetted by the Pool or the LEAGUE,
C. ONLY 23 days after BRUNO was appointed by ORGERON and his peons on the Council, WORKMAN VOTED “NAY” the OCT 5 RISK POOL ”Intent to Terminate” letter was issued to the TOWN, restating, virtually, ALL the EARLIER concerns the Pool had basically made on SEPTEMBER 7, before Bruno was hired.
D. BRUNO cannot act as a de facto TOWN COUNCIL.
E. TAFT IS in a position to not only SUE THE TOWN BUT the RISK POOL de facto, as the POOL is the loss coverage provider if TAFT has filed or does file an adverse employment claim.
(from Quartzsite Project, on Facebook)
Posts
All I can say is holy shit. Hell has indeed frozen over.
ReplyDeleteGilbert has to be crapping himself right now! You know if Taft comes back the first thing she will do is fire his crooked ass. Bet he's on the phone with Lukeson right now trying to figure out how to stop the council from proceeding on these agenda items.
I heard a rumor recently, no clue if this is true, but word on the street is that Dilbert and or Lukesson has some dirty blackmail material on Orgeron. Could it be his "involvement" with minors from the school? I don't know. But we all know Dirty Jerry is not above blackmail after what he's done to Carol Kelley, the man isn't even ashamed of himself! He bragged about her shenanigans at the senior center and was threatening to out her to everyone and anyone who would listen to his blather.
Maybe blackmail is why Mark has turned into such a scumbag. No, I think he was a scumbag all along and was just good at hiding it from everyone. Maybe Brannon, Taft and the Town were on the right track trying to keep him off the council. A man who can take the stand in federal court and flat out lie several times is a man I wouldn't want serving in my local government. But that's just me.
It seems to me like the easiest way to deal with Fräulein Bluto would be for the council to just say her appointment was illegal. Since Orgeron knew he wouldn't get his majority vote, he pulled the item creating an interim town manager off the agenda and they rammed through hiring Bluto.
ReplyDeleteSeems like an argument could be made that the council violated its own laws by appointing Bluto without the town attorney being present (which if I remember reading, the council cannot enter into a contact without the town attorney present to approve its form or something) and since they kept him out of the executive session he didn't know what sort of contract they made with her. So couldn't they just say "whoops, we were misled by idiot Orgeron into breaking our own laws, our bad!" And then just have a do over?
http://brunohastogo.wordpress.com/ This woman, Bruno, has NOT changed her spots.
ReplyDeleteDon't worry, Ed's gonna fix it, like he fixed the front porch of his house!!!
ReplyDelete