You see, Mr. Perry was upset that Dr. Reeves had held the city to task for unjustly terminating then APD Officer Russell Perea. While many presume Mr. Perea covered for former officer Levi Chavez during the night of Tera Chavez's death, APD failed to prove in Mr. Perea's termination hearing that he did anything to justify his firing from APD. The primary reason the city offered for Mr. Perea's termination was that he was "unforthcoming" as APD's current Chief, and then Deputy Chief and the one responsible for Mr. Perea's termination, put it. Unforthcoming.
Well, yesterday the honorable 2nd Judicial District Court Judge Shannon Bacon found the city unforthcoming in their reasons to appeal Mr. Perea's reinstatement as ordered by the city's own Personnel Board. Where the city stated Dr. Reeves was "arbitrary and capricious," Judge Bacon found the city's own reasoning "specious." That's another way of saying the city was wrong. In fact, and even more directly, Judge Bacon wrote:
"The Court has reviewed the transcript of all three hearings—including those portions the City cites in support of its claim—and finds the City’s claim that the hearing officer acted arbitrarily is unfounded."
Where the city said Dr. Reeves considered evidence not part of the case, Judge Bacon pondered the city's reasoning when the city itself, through Kathy Levy's cohort Rebecca Wardlaw, raised the link between Mr. Perea and Mr. Chavez.
In short, Judge Bacon denied the city's appeal of the Personnel Board's order to reinstate Mr. Perea and she flat out rejected the Ms. Wardlaw's pathetic arguments that Dr. Reeves acted in an arbitrary and capricious manner. In closing, Judge Bacon ordered:
"The Court concludes: (1) the Hearing Officer’s determination is supported by substantial evidence; (2) the Hearing Officer did not act arbitrarily or capriciously; (3) the Board did not act arbitrarily or capriciously; and (4) the City has failed to demonstrate grounds for reversal. Accordingly, the decision of the City Personnel Board is AFFIRMED."
We at the Eye would like to remind our readers that the mess that will unfold because of the city's inept and illegal actions are the result of decisions made by none other than, yup the city's highest paid employee: Rob Perry. One would think the city's CAO would know a little about contract law. Ooops, our bad.
None of this should really be surprising because if you recall, during this hearing we got a taste of the future as then DCOP Allen Banks was caught being untruthful while giving testimony under oath. Here is an audio clip with "lowlights" from the Perea hearing:
In it you can also hear the poor and incompetent testimony by then DCOP Paul "Crime Scene Tampering Expert" Feist and Commander Doug "Baby Huey" West.
Folks, this is but one of many chickens that are coming home to roost. Get ready for many more.... The Eye wishes to extend a hearty congratulations to Dr. Reeves for vindication from the city and Rob Perry's despicable acts. We wish him well it whatever course of action he pursues against Mr. Perry.
UPDATE
Thanks to one of our Eyes.....It seems back when Perry terminated Dr. Reeves's contract, he made the following statement to KRQE: "We think its basically in the city's best interest this time to
terminate the contract and proceed with future personnel hearings with a
different personnel officer. “We have to be assured there is an absolutely fair and neutral process
in place. I’m not asking for a stacked deck, but I’m certainly asking –
and the citizens expect – a fair one.”
UPDATE
Dr. Reeves was already scheduled to hear former APD officer Rob Woolever's appeal of his termination. As Judge Bacon confirmed in her ruling yesterday, the city's appeal was unfounded and had no merit. In other words Perry was wrong again. This entire fiasco rests upon the decision personally made by Rob Perry. Please tell us Mr. Perry how unlawfully terminating a contract involving a nationally respected hearing officer is in the city's best interest? Please tell us how intimidating other hearing officers who are sworn to be objective and are quasi-judicial personnel is in the city's best interest? Please tell us how actions such as this and the endless other justify your existence as an employee nevermind your disgusting raise of $33,000?
27 comments:
Do you want to know how filthy these people are, especially Perry?
Zane Reves was assigned Officer Woolever's case, but was immediately terminated just after the Perea hearing and just before hearing Woolever's case. Coincidence? Not at all. I remember the interview that Perry gave the media afterwards, where he stated that the city does not try to stack the cards. He is a liar. You know when these people are lying any time they state they are trying to do the right thing. The entire country knows that this administration is filthy and corrupt to the core.
The city has been playing games with arbitrators forever. Zane was the only honest one. Remember, they are paid by the city. And after seeing Zane fired, do you think they will be fair? Think about it. Justifiably decide against the city; have your job taken from you, along with your reputation slandered for future employment. This is the standard operating procedure for Levy Schultz and the rest of them. They have been doing this for years. It is never good enough for them to just terminate an employee. They then fabricate lies and disinformation in attempts to discredit the wronged party. They will do ANYTHING to win their cases. All one has to do is compare transcripts to recordings and arguments to see the gross misrepresentations fabrications, blatant omissions and outright lies. This is not only unethical. It is criminal. They have been shopping for arbitrators who will be "arbitrary and capricious" in every ruling for THEM, but when one ruling does not go their way, they cry foul, act the victim and LIE. When people like Banks Schultz, Fiest, and West want to target someone, they lie, file false reports, testalie to it and labor at keeping the lie going. If one lies, they all swear to it. Lying is the only thing they are brutally loyal to.
Albuquerque: Where honest people can do their jobs, be fired for it for personal political reasons and have their name slandered and where the criminals that commit these acts upon these people get caught or ruled against they cry victim. Give us all a break. The city attorney's office needs to be hosed out and disinfected also. Every crack and crevice of this city needs to be cleaned out. This administration has been violating people's civil rights for years at the directs overseeing and guidance of the city attorney.
The city is going to get destroyed on the Mary Han case too. In another no coincidence, they are retaliation against officers in that case who are telling the truth. This is common practice with the 5th floor. Tell the truth or speak out against the agency, have a directed investigation unleashed on you with a motive of making you look incredible or unusable as a witness against them. This is their defense in EVERY case.
Patterns, Pattern, Patterns....
It looks like Levy and company need to get a new game. Liars!
So does this mean Zane gets his job back, or does Perea get his job back, or does this mean Zane and/or Perea can file suits for wrongful termination?? If I were them I'd file lawsuits..it seems like the Judge has cleared the way for that. And the city will of course appeal either way. Wow, the taxpayers(that includes all of us) really got hosed on that increase in Perrywinkle' s salary. Scotch sucking, red faced fat gross man. Yuk.
Just heard Sgt Bruce Werley got diposed a aboutr he and his bullies beating the shit out of a handcuffed man then telling him they would let him go if he kept his mouth shut! Then the attorney asks for Werley's personnel file with any letters of discipline or history of discipline.....The file was empty!!! Wow.....what a joke.....wait until this one blows up. It will cost the citizens and the city millions!
Remember it's okay, because the brass is allowed to not be forthcoming or truthful. What a disgrace. Look into this one DOJ and you will find lots of civil rights violations and cover ups.
at 0854, if these allegations are true this needs to go to DOJ.....ASAP.
Beating a prisoner while they are in restraints is a major federal offense. Here that DOJ? That's 18 USC 242 in case you forgot. If you're gonna do Brad Ahrensfield off the the lies spewed by Ron Olivas then you better step up and take care of this shit.
And take Perry and Banks along for the ride for their endless acts of conspiracy to obstruct justice.
It's there an internal investigation being conducted? Is Werley on administrative leave? Where is the media reporting on this and asking questions? Does PIO Martinez superwoman cop have anything to say?
Does anybody even read the threads from the eye anymore?
I just cut straight to the comment sections now.
To 0854 just heard
Hope you are not an officer. If you are you should resign. It is obvious you have no investigative skills and are only a rumor monger. Get a life...elsewhere.
Perry made the following statement to KRQE: "We think its basically in the city's best interest this time to terminate the contract and proceed with future personnel hearings with a different personnel officer. “We have to be assured there is an absolutely fair and neutral process in place. I’m not asking for a stacked deck, but I’m certainly asking – and the citizens expect – a fair one.”
So did Former 34 John Doyle ever get a fair hearing?? Last I heard his appeal, under the rules, was suppose to happen last January.
1127, negative on rumour. It happened downtown. Does anybody know when Danwe Robertos labor hearing is?
Where does the money come from to pay all the settlements that APD is found liable for? I know it's taxpayers, but is it the General Operating Fund, Bond monies, set-asides? How can a $22,000 raise be given when the city is hemmoroging wrongful death, wrongful termination settlements? There seems to be no checks and balances within the city. DOJ can you look into this please?
The City is self insured. All settlement money comes out of the general fund. To keep its self insured status with the State, the city must maintain a certain level of money in the Risk Management fund that is part of the general fun. If judgments or settlements become so high to the point where the City does not have enough money to cover payment, the City Counsel can place it on the property tax rolls increasing everyone's property tax. It would be interesting to find out if the City is on the verge of loosing its self insurance status for not having enough in risk management reserves to cover claims. The City has paid out $55 million in settlements over the last 4 years thanks to Berry. Rob Perry was a Plaintiff's lawyer before working for the city. Perry as part of the claims review board signed off on some pretty sweet settlements for his plaintiff attorney buddies including brothers Paul and Joe Kennedy, but the media does not report this. Notice how the Journal has failed to editorialize on Perry's $33,000 pay increase, even after making it a front page story? Sickening.
I am am attorney.....You obviously are a dirty cop covering up for one of your own. We will see soon enough. Most "rumors" on this site seem to magically come true soon after!!
Yes. Sickening is a nice way of saying it. I have the uneasy feeling that since pay raises and all things staffing related, come from the General Fund, this fund may not be as solvent as everyone thinks. The city council is just another example of a body that used to be a sort of checks and balances type entity, now it's just REDUNDANT!!! As Ricky Gervais is fond of saying. And why do GO Bond underwriters still think this city won't at some point, be unable to payback the bonds? Due of course to the staggering amount of monies it has paid out to Plaintiffs. Oh, and have we slipped down from our AS A rating? I'm asking this to 11:48
GO Bonds are separate debt not paid from the General Fund. Apples and Oranges. GO Bonds are paid off with property tax revenues and not gross receipts tax revenue. The general fund is funded with gross receipts tax revenues. Berry wants to slash the size of government by reducing the number of city employees and privatize where he can. Fewer Cops and Firefighters means he can divert this general fund money used for salaries and benefits to other priorities. Prediction: APD and AFD will not grow in numbers over the next 4 years and police and fire rank and file will have to do more with less personnel. Breaking the unions is another priority.
0647. There is no hearing she isnt going to fight city she dropped it. Now lynete can jump for joy
Oh Tom you are not an Attorney yet!!!
...meanwhile another pussy cop fails to understand that people in NM can carry openly and causes a giant traffic mess bc they can't deal with somebody in possession of a gun not threatening anybody. oh but wait this APD where butter knives combs and bars of soap are scary and when faced with a real gun we run and give up our police cars.....
That's not what Stan Harda said at the city's hearing office. He said it's scheduled.
@11/9; 10:34pm:
Lynette can't jump. She is too fat to get off the ground and we should be grateful for that. If she were able to achieve any altitude higher than six inches, her return to Earth would cause a tsunami at Tingley Beach.
Who was the loud mouth APD cop who got ejected from the kids basketball game at the YMCA on Indian School yesterday? Early 40s white male.
At 10:56 he's not in NM he's interning with a dept in California that all of APD wdnt staff a single area command.
Diverting funds from the General Fund to fund pet projects? Isn't that co-mingling of monies. @10;30 11/09. Since he's taking money for operation of the City, I.e., for salary and raises, and using it for stuff that should be bond-funded? Speaking of apples and oranges, he's making making a fruit salad wherein these items need to be kept separate!
@11/10; 12:37pm:
Your description fits a significant percentage of them. You most likely will never find any one of them with the balls to speak up.
7:11,
I heard a sizeable department is looking at him for a chief position. Good luck to him. That would be a department run correctly.
KOB did a piece on Zane today. How he was terminated because he wouldn't bend to the pressure put on him by the city.It was actually a non-biased article instead of the usual cop haters in the local media spewing venom like Chris Huffman..He's a cop hater along with all the other spoon-fed morons who can't think for themselves and just by rote repeat the mantra of the pathetic Mayor...Albuquerque news media outlets are the worst.
Huffman was Berry's PIO, let's not forget. Put his ass under oath and let's see how tough that little limp wristed pussy is. Mr big shot goes around saying he broke the story about the Deming ass searching cops. Whateves
8:45,
The COA either fires, or makes the lives of everyone who doesn't bend to their will a living hell.
They are nothing but cowardly bullies who would perish if society collapsed and the rules were thrown out the window. Hell, they would wilt like a limp noodle should the playing field even slightly level.
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