Correspondence - Non Agenda - Laserfiche WebLink

Home Browse Search

I any employee organization, contribute financial or other support to any employee 2 organization, or in any way encourage employees to join any organization in preference 3 to another. 4 103. Defendants, and each of them, in undertaking the acts and/or omissions 5 listed above, violated the above provisions of the Meyers-Milias-Brown Act (MMBA), 6 including, but not limited to interfering with, intimidating, restraining, coercing and/or 7 discriminating against the SAPOA, Gerry Serrano and/or other public employees who 8 are members of the SAPOA because of their exercise of their rights under this Act. 9 104. Defendants, and each of them, have engaged in acts and/or omissions, as 10 alleged above, wherein they have 1) subjected Serrano to punitive actions and/or 11 threatened him with said actions; 2) imposed or threatened to impose reprisals on 12 Serrano, 3) discriminated or threatened to discriminated against him; 3) otherwise 13 interfered with, restrained, or coerced Serrano because of his exercise of rights 14 guaranteed by the MMBA, and/or for the exercise of lawful action as an elected, 15 appointed, or recognized representative of any employee bargaining unit.. 16 105. The duty to obey the laws set forth in Government Code §3500, et seq., is 17 a ministerial duty and is not discretionary. By acting, and failing to act, as set forth 18 above, defendants have violated a ministerial duty. Moreover, the acts and/or omissions 19 of defendants, set forth above, demonstrate that defendants' failure to comply with 20 Government Code §3500, et seq., was illegal as a matter of law under Government 21 Code section 1222, which makes a public officer's "willful omission to perform any duty 22 enjoined by law" a misdemeanor. 23 106. Each and every act listed above, individually or jointly, constitutes a 24 violation of Government Code §3500, et seq., and therefore this court should render 25 appropriate injunctive or other extraordinary relief to remedy the violation and to prevent 26 future violations of a like or similar nature, including, but not limited to, the granting of a 27 temporary restraining order, a preliminary injunction and a permanent injunction, or, in 28 the alternative, a Writ of Mandate prohibiting the Santa Ana Police Department from 24 COMPLAINT