Friday, August 17, 2012

Injunction Blocking Layoffs And Outsourcing Upheld!

According to a press release issued just after noon today by Jennifer Muir, Assistant General Manager of the Orange County Employees Association (OCEA), the "Fourth District Court of Appeal has upheld a preliminary injunction blocking the City of Costa Mesa from laying off more than 100 employees and outsourcing their jobs to the private sector"

Muir's release quotes Helen Nenadal, president of the Costa Mesa City Employees Association (CMCEA) as saying, "This is a huge boost for employee morale during a dark period in Costa Mesa's history."

You will recall that Superior Court Judge Barbara Tam Nomoto Schumann issued a preliminary injunction blocking the City from outsourcing to the private sector.  It was not precluded from shifting jobs to other government agencies, however.  The City appealed that decision to the Fourth District Court of Appeals, which affirmed Judge Schumann's order in its entirety. 

This means we go back to court sometime in the near future.  In the meantime, the legal bills just keep on piling up - a result of the current council's stubborn refusal to deal with the employees in a forthright manner.  Those bills have totaled more than $2 million for the fiscal year that just ended and that figure is not yet complete.

I've inquired of the City for a response but its official reply to this situation is still pending.  If and when I hear more I will update this entry.

In the meantime, the employees who would have been affected by this situation - those who have received as many as a half-dozen layoff notices in recent months - can breath a little easier, for now.

It is unclear how this decision by the court will affect the municipal election.  We can almost be guaranteed that folks on both sides of this issue will try to find a way to use this decision to their advantage.  It's not going to be pretty.

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Anonymous Barry said...

So funny how Newport can outsource its jail, and lots of other services, but in Costa Mesa our employees sue to stop this. This is not going to sit well with the residents. Me thinks the 3 M's will benefit largely from this. Terrific timing for those three!

8/17/2012 02:28:00 PM  
Anonymous Curious said...

Is the text of the ruling available?

8/17/2012 03:26:00 PM  
Blogger Mike H. said...

Here's the link to the case.

How many times do our city's lawyers have to get their clock cleaned in court? $2 million+ bought us what exactly?

We are paying for losers. We deserve better and we will get it in due course.

8/17/2012 03:34:00 PM  
Anonymous Burger Bob said...

Hey Barry, Costa Mesa employees sued to stop the City Council from doing it the wrong way. Newport is doing it the right way, by taking it slowly and researching things.

8/17/2012 06:09:00 PM  
Anonymous NEWPORT-63 said...

Barry... You continue to amaze with you simple minded stupidity.
Newport has taken a intelligent approach to managing their city and hasn't done anything illegal or unethical when it comes to how they work with their employees.
Consequently, they haven't wasted two million tax payer dollars on paying attorneys to defend bone headed moves like your council has.
As far as "sitting well with residents", there are only a few as dumb as you, so I don't think it will be much of a problem.

8/17/2012 07:04:00 PM  
Anonymous CM Man said...

Did your heroes get that Westside sign up yet Mar er "Barry?" Keep supporting them and maybe you'll get one 20 years from now.

8/17/2012 07:13:00 PM  
Anonymous Disgusted republican said...

Barry- get with the program. You must be new to the issues and only being fed the OCGOP/righeimer line because you are embarrassing yourself with your uniformed posts. There are major - and many -reasons why this group of 4 cc is not liked by a great many cm residents, for example: you cannot go against and ignore contracts you have with your city employees ASSOCIATION and unilaterally and against the advice of your own city attorney, try to lay them off , thereby setting into motion an extremely expensive and totally avoidable FUBAR! And then trying to back into outsourcing by way of this so called charter. This the only reason for this charter - hence no citizen input asked for. Newport Beach has done their outsourcing the correct way not the Righeimer/3m way. You can't seriously want cm run that way.

8/17/2012 09:23:00 PM  
Anonymous Sam Grady said...

Barry is like Phil Lesh (aka Northside Phil). He totally can't grasp simple concepts that his "heroes" on the city council have screwed up everything they have touched since their messiah Righeimer came on board. I feel sorry for people like Barry who drink the koolaid and live their life with blinders on.

8/18/2012 09:37:00 AM  
Anonymous Troll Tracker said...

Some of us believe Barry and "Phil Lesh" are the same person, a certain race-obsessed blogger in CM. There's no record of a Phil Lesh in OC. The real Phil Lesh is the Grateful Dead bass player who lives in NorCal.

8/18/2012 11:58:00 AM  

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