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?
