Pomierski
Sandra Emerson, Staff Writer
Created: 12/22/2011 06:24:24 PM PST
Special Section: Upland Watch
UPLAND – Former Mayor John Pomierski may file a lawsuit against the city for refusing to represent him in a civil suit filed by the former Chronic Cantina restaurant and bar.
A claim was filed with the city this week by Pomierski’s civil attorney, Robert Schauer, demanding the city represent Pomierski or face a lawsuit seeking attorney’s fees and other damages.
“I’m upset with the city for not defending him when they have an obligation to do so,” Schauer said.
City Manager Stephen Dunn said the city has yet to review the claim, but the city attorney will evaluate the claim and discuss it with the City Council during its meeting on Jan. 9.
The claim states that the city is required to represent Pomierski based on state Government Code 995, which states, “a public entity shall provide for the defense of any civil action or proceeding brought against him, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as an employee of the public entity.”
Schauer first asked the city to represent Pomierski in July.
The owners of the Chronic Cantina filed the lawsuit against the city as well as Pomierski in April in West Valley Superior Court.
They accuse Pomierski, Upland contractor John Hennes and former Upland Police Chief Steve Adams of extorting money
from them.
To read entire story, click here.
According to the article, JP is citing Government Code 995, which states, “a public entity shall provide for the defense of any civil action or proceeding brought against him, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as an employee of the public entity.”
However, JP is denying all the charges, and claiming that he did not accept a bribe. Or is he? By asking the city to represent him, is he admitting that the “act” of bribery occurred?
Either way, his attorney sure seems optimistic. Of course, he’s not the one facing prison time.
Knowing JP and his attorney… this is more drama and noise than anything else.
“Schauer said Pomierski’s defense has improved over the last three to four months”
I guess that Hennes’ recent acceptance of a plea deal has contributed to Shauer’s idiotically optimistic outlook on JP’s case. At least Sanchez hasn’t copped a plea yet. See, there is a bright side.
You just got to love politicians and all the BULLSHIT they bring about when their in office, then when they get canned or indicted.
Their all freakin sharks, always circling the ocean looking for a free meal. When they find one the feeding frenzy is on.
JP,Q,Adams are all guilty of misconduct and have been involved in the firing and black balling of people for less.
Those who survived this scandal are also crooks who’s turned a blind eye to the obvious.
Upland will go broke in time.
They ignore the law when personal gain is involved, then demand it be followed when their ASS in on the line.
This small sideshow orchestrated by JP’s loud lawyer will cost the city a small bit compared to the Chronic Cantina and others courtesy of JP. Isn’t Schauer due for cardiac arrest soon?
Given how this case has evolved, with 2 defendants pleading guilty and agreeing to testify for the prosecution, I would think that JP would want to take as low a profile as possible. Apparently not.
There has been one constant participant in all that is going on in Upland and that is the City Attorney!!! Where has he been in allowing his clients (the City Council) to bungle things up as poorly as they have. That is what the citizens should be most angry about
By the time this claim reaches trial JP may be at his new home in Federal prison with a boyfriend in his cell. What the residents of Upland want to know is how many other business owners are out there who paid your demands?