Aug 29, 2023

If you really want to know Eureka City Hall works and how Humboldt Superior bungles, read the appeals court reversal of this case involving David Tyson and Brian Gerving and Mike Knight

 

(Tyson Linkedin)

(Gerving Linkedin)

If you really want to know Eureka City Hall works  and how Humboldt Superior Court bungles, read the appeals court reversal of this case involving David Tyson, Brian Gerving and Mike Knight. 

"Appellant John Fitzhugh sued his former employer, respondent City of Eureka (the City), for unlawful retaliation and age discrimination. The trial court granted summary judgment for the City and Fitzhugh now appeals. We reverse."

Excerpt:

First, he alleged that in May 2010, he lodged a complaint against his supervisor, Mike Knight, the Assistant City Manager of Operations, accusing Knight of creating a hostile work environment and other misconduct (lying on performance evaluations, engaging in retaliatory behavior, and discrimination) and that his complaints against Knight were investigated and found to be either unfounded or not substantiated.

Second, Fitzhugh alleged that the following year, in May 2011, he was subpoenaed to testify in a trial involving the City and met with the City Attorney who allegedly tried to "coach" him. He alleged the City Attorney "attempted to alter [Fitzhugh's] testimony by asking [him] to testify a certain way in an attempt to protect Mike Knight and the City." The City Attorney also allegedly "asked [Fitzhugh] to state he did not recall in response to any incriminating questions." According to the allegations, Fitzhugh responded by "inform[ing] the City Attorney he was simply going to tell the truth on the stand and did not need to be coached by her in any way," and "then proceeded to testify at the trial, answering the questions truthfully as opposed to how the City Attorney had instructed him to answer the questions."

Fitzhugh alleged that as direct result of bringing his complaint against Knight in May 2010 and refusing to testify at trial in the manner the City Attorney had requested in May 2011, the City had retaliated against him. He alleged the retaliation "include[d] but [was] not limited to" seven adverse employment actions that were allegedly taken as a direct result of his "protected conduct," and alleged the retaliation was "still occurring as of the date of this complaint." 

You can read more details of the case and the ruling here. Tyson's deposition is quoted in full. 

https://casetext.com/case/fitzhugh-v-city-of-eureka

Miles Slattery, Brian Gerving, Brian Issa have been at Eureka City Hall for years. It does not matter who is on the Eureka City Council. Just like the County and in private industry, the same people remain in positions for over. They drink and party with whichever political or economic side the bread is buttered. Qualifications don't matter. As long as you make serve the Humboldt overlords, you will be "successful" in Humboldt. 

I have covered other cases on this blog over the years. My regular readers and anyone living and working in Humboldt, especially those who have gone through what Fitzhugh did, know this is not an isolated instance. The local courts never rule against the good ole boys. Unless you have the money and resources to appeal, there is no justice at the local level.

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