Friday, August 26, 2011

Appellate Court Rejects Costa Mesa Petition

OCEA ISSUES PRESS RELEASE
Jennifer Muir, Communications Director for the Orange County Employees Association, issued the following press release late this morning.




Appellate Court rejects Costa Mesa petition

SANTA ANA The Fourth District Court of Appeal on Thursday summarily denied the City of Costa Mesa’s Petition for a Writ of Mandate, which sought to dissolve a preliminary injunction halting the layoffs of more than 200 City employees.

Nearly half the City workforce received layoff notices on March 17 after the City Council majority voted to outsource their jobs. The Orange County Employees Association, on behalf of the Costa Mesa City Employees Association, commenced litigation in May that resulted the issuance of a preliminary injunction halting the layoffs and prohibiting the City from outsourcing to private contractors.

“Courts continue to reject any justification for the City Council majority’s outsourcing scheme,” said OCEA Communications Director Jennifer Muir. “We sincerely hope this latest rebuke by the Courts will motivate the Council to abandon its needless campaign against its employees and all the residents who have urged them to stop dismantling the City.”

“This is yet another outcome welcomed by City employees and the thousands of residents who have rallied to their support,” Muir said. “The City Council has shown its willingness to disregard both the law and it own policies. It’s time for them to stop wasting the City’s valuable resources pursuing this political agenda.”

The City’s request is attached. You can review and print the Court's "Disposition" from the following link: http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=43&doc_id=1988987&doc_no=G045666

NO OUTSOURCING TO PRIVATE COMPANIES UNTIL CASE HEARD
One can assume that the injunction issued by Superior Court Judge Barbara Tam Nom
oto Schumann remains in force, and that the City of Costa Mesa MAY NOT proceed with layoffs as a result of their outsourcing plan until the case is heard in court.

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14 Comments:

Anonymous Daisy Mae said...

Awesome news.

8/26/2011 12:42:00 PM  
Anonymous Charter City said...

Repeat after me "Charter City" . Sing it with me now "Charter City". Throw on the ballot a mandate to allocate a specific percentage to infrastructure like HB.

Or we could rally behind Barbara V. Try a diddy about Super City

8/26/2011 12:44:00 PM  
Anonymous ILoveParrotBayNJuice said...

Wow! What a great day for both costa mesa employees and residents who want to keep costa mesa a nice place to live!

An injunction granted by a judge means that a judge is protecting a party he or she thinks would prevail in a case. In this case, the government code is crystal clear about outsourcing to private companies.

My disgust with the city is how they keep wasting our money on "exploring" the idea of outsourcing to private companies which they clearly cannot implement. Lets not forget the $200,000 they've wasted so far in outsourced HR services, over $100,000 on outsourced legal services and $3,000 a week on PR services during their "exploration".

One can only conclude that the reason for their heavily publicized exploration process is to either waste taxpayer money simply because they can, or its because they want to scare the employees into leaving. If its the latter, wouldnt they be opening themselves up for individual lawsuits for creating an on-going unnecessary hostile work environment? Should the city hire Talon investigations at $175 an hour to detain and interrogate employees in an attempt to "reduce their legal liabilty"?

We can only hope that the city will be transparent in how much they've wasted to date on their losing battle. This all reminds me of when John Moorlach tried and failed numerous times to take away orange county sheriff pensions. Moorlach's losing battle cost county taxpayers millions. As a costa mesa resident. I DO NOT want my tax dollars being wasted on this losing battle!

8/26/2011 01:24:00 PM  
Anonymous Barry said...

Same old song in Costa Mesa that gets played in Sacramento...unions win, taxpayers lose. Such a familiar theme as our State continues its downward spiral!

8/26/2011 01:51:00 PM  
Anonymous Drivin80WhileTextin said...

Yet another blow to righeimer & co! Woo hoo! Right in the nuts!!!

8/26/2011 01:55:00 PM  
Blogger Joe said...

New Press Release by Lobdell:

The Appellate Court's so-called "rejection" was actually a "Reverse Acceptance." It did NOT specifically reject Das Riggmarshal as the Supreme Leader of All Costa Mesa, therefore the City will proceed Full Steam Ahead. This is only an ALLEGED "bump in the road" that our tanks of reform will roll over.

With full transparency.

Grade for this Release:
A++

8/26/2011 02:14:00 PM  
Anonymous How Memorable said...

This union fight reminds me so much of Jimmy Hoffa and his union activities back in the 70's.

History just keeps repeating itself.

8/26/2011 02:22:00 PM  
Anonymous Justice Prevails AGAIN!! said...

When will the bozos on the City Council and Tom Hatch realize the are fighting an uphill battle? They rushed to lay off 200 employees, didn't follow the rules, and then gloated about it on national television. Where is he gloating now?

8/26/2011 02:55:00 PM  
Anonymous Danny Boy said...

REPEAT after me:
Costa Mesa is a General Law City if you want another Bell- then change it to Charter City. The bozos at the helm (including Tom Hatch) need to follow the rules that are mandatated by the state for GENERAL LAW cities. Simple, I think a third grader could understand the rules even though the OCGOP can't...

8/26/2011 02:59:00 PM  
Anonymous Ha! said...

Put on your seat belts and cinch em down tight!

Stand by for the Riggy-spin via Lobdell!!!!

8/26/2011 02:59:00 PM  
Blogger Joe said...

Troll 'How Memorable' wrote:

"This union fight reminds me so much of Jimmy Hoffa and his union activities back in the 70's.
History just keeps repeating itself."

Me:

Yea, but in Costa Mesa 2011 the bad guys are the City Council sans Leece, rather than the union. The courts keep telling you this.

The Riggmarshal does look a bit like Hoffa though and they're both called Jimmy. Let's hope that our Jimmy, unlike Hoffa, lives a nice life after leaving politics.

8/26/2011 03:23:00 PM  
Anonymous RoundOfChilledPatronOnMe! said...

I wonder what alleged crime they're cookin up now to get some media coverage in an attempt to get people feelin sorry for them...

Whats funny is, people see right through the leprechuan brick thrower and the chest bumpin maaco special!

8/26/2011 03:41:00 PM  
Anonymous General Law said...

Charter City...Ya know being a Charter City is what got Bell into the problem it now has. Do you really want a city council to have that much power? Especially this one in Costa Mesa? A Charter City is not the cure all you might think it is. If it was then every city would be a Charter City.

8/26/2011 05:40:00 PM  
Anonymous Danny Boy said...

Ahh Barry, do you need some Kleenex?
Now who is whining?

8/30/2011 03:54:00 PM  

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