Luman awaits fate

Eller to rule on appeal “as soon as possible.”

Former Mono County mechanic, Richard Luman, was in court again on Thursday in an attempt to be reinstated to his previous position within 10 days.

Judge Stan Eller took the arguments under submission and promised to render a decision as soon as possible, without much previous case law to guide him.

Mono County is appealing Eller’s April 17 decision to reinstate Luman and provide another Personnel Appeal Board hearing with discipline less than termination.

Luman’s Attorney, Katie Bellomo, argued that Luman has been actively looking for work since his termination in October 2011 after an altercation with another employee. Bellomo said he has looked for work in Southern California where he has family and in Carson City/Gardnerville area where he could commute from his home in Walker.  Luman has been “unable to obtain any permanent employment as a terminated employee,” Bellomo said. “He can’t even get a job at Lowe’s or Walmart because the big corporations want to know job history.”

Deputy County Counsel John Vallejo called Bellomo’s arguments an “emotional plea” and said the County’s actions have not revoked Luman’s engineering license or actively prevented him from pursuing another job.

He also told the court that it “very well may be that Luman doesn’t get his particular job back” and may be placed in another County department, all of which is up to the discretion of the Personnel Appeals Board. He said that the reinstatement of Luman could result in the laying off of a current County employee, adding to the other pending layoffs in the County due to budget cuts. Eller said he would not take the potential layoff into consideration in his decision.