Court Order

　
The attached motion was filed in court in response to the Pacific's Civil Service Commission's action. The judge came to court with his motion already prepared but allowed the Civil Service Commission to argue their case.

Never mind that, as you consider the following:
  • “Administrative leave” does not equate to "suspension"; notice that case law supports this, all the way up to the US Supreme Court.
  • The Civil Service Commission conducted an illegal meeting, and the hearing was a violation to the Open Public Meeting Act.
  • The Civil Service Commission came to their meeting with their motion already typed, violating Civil Service Rules; they are not supposed to discuss anything outside of the meetings.
  • Civil Service does not have the authority they exerted, they are merely an advisory board.
The Court ordered the following:

  1. Rescind the unlawful order reinstating Public Safety Director Calkins and Lt. Massey entered by Mayor Pro Tem and Council Member McMahan on April 8, 2013
  2. Approve and confirm the appointment of Mayor Sun’s selection for interim city clerk, based upon his legally supported tie-breaking vote on March 25, 2013
  3. Approve and confirm an independent investigator, paid for by the City of Pacific, for investigation of personnel whistleblower complaints
  4. Approve and confirm the appointment of the services of a qualified, stand-in City Attorney who is to be paid by the City of Pacific, for purposes of advising the Mayor and pursing available remedies on the Civil Service Commission ruling and the precedent it has wrought upon the City
If you wish to read the complete court order, please go here:
http://www.mediafire.com/download/8z4y1e64s27alhm/Court_Order.pdf　
　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

 

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

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