Tuesday, July 9, 2013 – 10:30 a.m.
The San Bernardino County Board of Supervisors is expected to approve a, yet-to-be-announced, settlement with a Sheriff’s Deputy, who was targeted, and terminated, for exercising his rights under the Family Medical Leave Act (FMLA), in order to care for his ill mother.
The county, after a prolonged and painful course of discovery, which called into question the credibility of several sworn and non-sworn employees, and elected officials, has agreed to settle with Travis Bauer.
The pending settlement, likely upwards of $1 million, removed the spectre of a federal jury trial, scheduled to have started on July 2. A trial that, according to insiders, would have transcended the realm of a circus.
An indicator of just how badly the case could have gone for the county is the Plaintiff’s Proposed Special Verdict Form.
Bauer was able to thoroughly substantiate a systematic course and pattern of retaliatory conduct by Sheriff’s Department personnel in violation of federal law. It should be noted that U.S. District Court Judge Virginia Phillips denied three attempts by the county to dismiss, or delay, the trial.
The Notice of Settlement, filed June 28, in U.S. District Court in Riverside, indicates county supervisors will approve the settlement at its July 23 meeting, but no later than August 1.
I have to admit. It’s rare for an employee to take such an action, and see it through.
The Second Amended Complaint for Damages and Plaintiff’s Memorandum of Contentions of Fact and Law read like a sordid tale not untypical in the county organization. A tale that would have likely proven even costlier, especially if told in front of a federal jury.
The bigger question?
When the amount of settlement is disclosed, following a closed session meeting of county supervisors, will the amount be a driver for other such actions?
The case, Travis Bauer v. County of San Bernardino et al, Case No.: 5:12-cv-00501-VAP-DTB, is in the U.S. District Court, Central District for California
Thanks Jim for covering this also.
The S.O. needs to lose their cowboy ways and enter into the modern police era. FMLA isn’t that complicated and everyone (except the S.O.)knows the protections that it offers employees. The attempted cover up by the Sheriff is deplorable. Sometime after the firing, an attorney must have told him that the firing was bad. He then tried to hide the screw up by eliminating any reference to the sick time usage. He needs to go!
Joe Nelson, where are you, are you going to cover this?? It will be hard to spin, but I believe you can do it! Can’t wait to read about it! Or not.
Can someone explain to me how this Captain thought it was perfectly acceptable to give a deputy sheriff a below standards evaluation that was blank? Really? who does that? A blank page 2….. Better yet, what Deputy Chief would allow that? Oh, that’s right, Mr Mac.
Your such clowns, try shit shit in LA county……
Can someone explain to me how this Captain thought it was perfectly acceptable to give a deputy sheriff a below standards evaluation that was blank? Really? who does that? A blank page 2….. Better yet, what Deputy Chief would allow that? Oh, that’s right, Mr Mac.
Your such clowns, try that shit in LA county……
Do not be afraid boys, the Deputy Chief is the new appointed hack Sheriff John McMahon. WOW how many things could SBSD buy with that money. I guess we will see more of this. I understand McMahon and his people were busy with this type of what appears to be criminal behavior.
Can a grand jury investigate what Sheriff McMahon did to this deputy?
Hoops has an opening at that job in D.C. I hear that was a pretend job just to save face. He left for some of the same reasons John McMahon will have to leave for.
Amazing and four of the people involved in this have been promoted to higher ranks even with the knowledge of what they had done.
Amazing……Amazing…….Just fricking AMAZING….
McMahon…….Stark……Tarangle……..Lacy
Does this say anything
Score
Bauer 1 ….. County 0
STFU Dennis Nowicki jr. You inept medicated corrupt
POS.
And people ask why is the promotional system that San Bernardino County have so unfair. It is so people like the four mentioned above can get promoted. Do the work of the staff and thou shall receive a promotion.
The system has some major defects in it.
Hmm, it is interesting that folks speak about a personnel evaluation in one post, some others speak about the promotional system and rewarding corrupt people for their misdeeds.
And important issue indeed, but FAR from the primary issues of those who might decide the fate of Sheriff John McMahon and his cronies.
If you were a lawyer standing before a jury in Federal Court before working class people, would you want to bring forth a personnel evaluation, or the corrupt ones getting promoted as your PRIMARY argument?
OR would you rather talk about a man who was concerned for his mom’s welfare and because of such, was harassed beyond a normal person’s comprehension?
Captain Mark Marnati and his minions with the blessings of Sheriff John McMahon did just that to Travis Bauer. You read the Memorandum of Facts I hope.
Have any of you heard the term “sympathetic witness or victim” in your day? I doubt Dennis Nowicki Jr has, or James Mills for that matter.
What do you think a jury would CLEARLY relate to first, personnel evaluation, promotional system, or you and your Mom being screwed with?
Pretty much a NO BRAINER for me.
If you think the first two as being the best argument, let me mess with your Mom. I bet if you are any kind of man, it won’t be but a few minutes before you react, and I sure wouldn’t expect the reaction to be non-violent.
What makes that argument better is Sergeant, now Lieutenant Eddie Stark was the one who interview Mrs. Bauer on tape.
When Stark was under OATH he was ask if he interviewed Mrs. Bauer on this issue, he said yes.
When asked if Mrs. Bauer was cooperative, Stark said NO, he said she was VERY uncooperative once she realized who he was and what he was trying to do. I READ his deposition, so I know what I am talking about.
Chris Gaspard one of the LDME attorney’s handling this case, THEN PRODUCE the audio recording of that interview.
OH MY GOD, what do you read? Mrs. Bauer being as cooperative as anyone could HOPE for, nice as pie, answered Starks questions like any cop would hope for conducting an investigation.
First off Stark is a POS in the first degree, then he LIED and was proven to be a LIAR with his own tape recording. FREAKIN DUH!!!!!
And Stark had no LEGAL right under FMLA rules to do what he did.
You folks keep talking about evaluations and promotional issues if you wish.
For you Dennis Nowicki Jr, I will be at the Victorville Fairgrounds tomorrow at 6pm attending the Apple Valley Gun Club meeting dealing with another corrupt member of SBSD.
That would be on the EAST SIDE of the fairgrounds off 7th St.
Bring you ASS there if you wish to COUNSEL me on what I say and do.
Otherwise STFU.
AGAIN Nowicki, come to the Fairgrounds, I’ll EXPLAIN it to you, I won’t EVEN cuss once I promise.
ACU,
I do not need to go to Victorville to “COUNSEL” you…seems I did just that on #13.
YOUR a PUSS Nowicki. A shit talking keyboard fool just like McMahon and his punks.
Your a PUSS Nowicki, NOW, you were a PUSS in the Army, and now your milken the taxpayers for a disability you DID NOT earn. SHUT UP FOOL!!!
#14 ACU,
Niet!
#16 & 17 is why NIET!
I’m telling Einstein on you!
You’ll be telling Mikey Ramos on me if I had my choice.
ACU
WOW..did you really post that on #19 or is someone using your name?
I’m shocked!
Just don’t ever direct your stench to me, save it for iepol.
ACU, take back #19 – ask to have it removed- it was uncalled for, you’re a hot head.
Well ACU I am glad you helped McMahon to the door. You have upset Denny Junior. Denny also said something gross was in his mouth. Won’t go down that road.
I now understand why Paul Schrader supporters have stayed with him. I know this tweeks Denny Junior, but Schrader has been handed some better cards.
If SEBA backs McMahon now they are crazy. If any politician puts their name behind McMahon they are crazy. Nowicki is very crazy.
ACU keep up the good work and cuss all you want. This is America not Denny Jrs crib.
AntiCorruptionUnit
Hey a burnt out old queen, looks like your having a big night. How’s your pig?
Is he about to have a big night too?
Repairman ONLY if you help put the lipstick on!!!!
You and Denny can come to the fairgrounds together, I think they have some pigs in the farm pens.
What do ya say there big fella?
WE can put on some classes for folks. One will be a mechanics class, the other will be a cosmetic class.
I’ll tune up Denny while you put lipstick on my pig. When your done with that, you can pull my chain.
I thought since you two are so close, and like to dog pile these days, I could watch you two share the same banana as a snack, before we get started on the classes.
We can video tape it and then post it here.
Good to hear from you again Repairman, AS ALWAYS!!!
AntiCorruptionUnit
I think it best that you go visit those pigs by yourself. Wear your lipstick one of them might even find you serviceable.
LOL, ok!
Repairman and DJ sittin’ in a tree…
… kissing, first comes love, then comes marriage, then comes the THREE LITTLE PIGS in the baby carriage, aka the PUBLIC SERVICE TRIPLETS previously starring in Dave Ellis’ Law Enforcement News!!!
>>>>> DA Mikey + Big Chief James + Sheriff J. McMahan <<<<<(u can put all the lipstick in the world on these three, and never dress them up!)
LSW,
ACU wished a nightmare on me, after reading what you wrote I feel his wish came true…what a nightmare!
$1 million would be getting off cheap for the County.
Wow will Sheriff John McMahon pay any of this 2 million dollar lawsuit out of his pockets?
Wow!
Well the Board of Supervisors were asked in this last meeting what was going on with Travis Bauers because his name is being thrown out all over the county. Janice said she never heard that name nor did she know him. The guy E.T. Snell told her that he heard McMahon screwed this deputy over and the county was paying out the biggest amount of money ever to a deputy for unlawful discharge. Janice asked E.T. how to spell Travis’ name and she acted like she was writing it down.
Now we know all payouts must be approved by the board and yes they know about Travis. Does Janice and Josie and Ovitt and the other two idiots lie? Why not watch the BOS meeting clown show online.
Janice needs to take acting lessons. What an idiot.
And the SB Sun (Moon), IV Daily BS and Redlands Daily Fiction (Hi Toni “How’s u’r Momburger) are silent on this?
How’s about Cassie Mc “Get-off u’r”Duff @ the PE… want to hear a little story about a MAN NAMED TRAVIS (WHAT? IT’S NOT NEWSWORTHY (enough?) because he’s a WHISTLEBLOWER?
Much like a Parolee joke I once heard:
How can you tell when Janice is lying?
answer: When her lips are moving
What is bizzare about this whole case is SHERIFF JOHN MCMAHON was the supervisor in this case of Bauers when McMahon was a deputy chief. McMahon and his boys possibly committed criminal acts against this deputy. Why in the hell is the press not getting to the bottom of this. I mean if this was a big business owner DA Ramos would be all over this along with AG Harris and maybe a Grand Jury.
I understand San Bernardino County is still the most corrupt county but come on, this is the SHERIFF!!! Appointed by the BOS. The press could cause the whole house of cards to fall.
Does anyone question why the deputies at SBSD are afraid to open their mouth against any supervisor at SBSD.
SEBA will get their day too in this case. Looks like they sold Travis down the road too.
Corruption County San Bernardino County!!
#40
That’s a good point that you raise regarding SEBA, more specifically Laren. I worked with Bauer when this was going down. Bauer actually asked the union, Nancy Tate, and Laren specifically for assistance and they both said that they couldn’t do anything, that he had to call EEOC. At one Point Laren told Bauer that he was friends with Marnati and that he was conflicted. WOW!!!
And yes, McMahon conspired with Marnati to fire Bauer without cause. If you go on IE there’s mention in one of those documents that even after being told that Bauer had the same production (stats) in the prior year, the following year, Marnati gives Bauer a BELOW STANDARDS EVALUATION with a BLANK page2. Yep, NO JUSTIFICATIONS PAGE. McMahon knew about, was told by Marnati himself, McMahon ok’d it anyways…….. Thats what kind of sheriff we got
#41 thanks for the follow up. I am just amazed how the press will not report this.
It looks like SEBA might get sued in the process, huh?
So Lauren refused to help a member? That’s where the SEBA members need to stop voting in people like Lauren.
If McMahon knew about this why did SEBA give him $20,000 THE DAY AFTER HE WAS APPOINTED SHERIFF?
This is crazy! SEBA is suppose to support members and people who support members. Now SEBA knew about the Bauers cas when they gave McMahon the money.
How does this work. The union that protects you gives money and support to the person Sheriff John McMahon that does possible illegal activity to fire a deputy.
Does anyone from the press see a story here? Do the rank and file go along with this?
If they don’t do right by him, you can almost be certain to read about it in the transcripts….. I hear they are juicy
You will never be able to press the BOS on anything while they sit together, and allow you just 3 minutes to talk. I am sure you will be patronized in that 3 minutes.
You’ll be praised for sure if you praise them.
Catch these incompetent fools outside their security circle, or the confines of their office, ask some tuff questions, they will side step the first couple, then WALK away from you.
You really think Rutherford is a mover and shaker? ONLY among those who play nice and drink her Kool-Aid. Just like ALL the rest.
AntiCorruptionUnit
She’s a classic republican, like the rest of the board, where’s the surprise?
NO argument from me on that Repairman.
Would someone from the press tell us why they are not reporting on this corruption with Sheriff John McMahon?
When you have Frank Pine as a Ranger. The true press will never be in SB County. Amen!
McMahon can cross his T’s and dot his I’s from now on…but still, the damage pain and harm he has caused to the county and countless individuals -including his own within the Sheriff’s department -will NEVER be forgotten, swept under the carpet MOMENTARILY perhaps, BUT NOT EVER FORGOTTEN!
For McMahon to PRETEND nothing happened- by putting his name on the ballot- is mockingly offensive and a SPIT IN THE FACE of SBC.
It reenforced how arrogant and dangerously stupid McMahon is; those who want to side with him and ALSO PRETEND nothing happened under his watch or that his dotting of the I’s and crossing of the T’s from on ow on ERASES the damage is a conspirator, narrow and weak minded in believe McMahon is doing the right thing…TEMPORARILY THAT IS.
MCMAHON HAS NOW HIRED DAVE ELLIS TO RETURN TO SAN BERNARDINO COUNTY AND LIGHT MORE RANGING FIRES WITH HIS “BRILLIANT” POLITICAL TWISTED MIND FULL OF LIES AND FALSE ACCUSATIONS WHICH THE PRESS HAS NO PROBLEM PRINTING BEFORE VERIFYING.
>>> SAN BERNARDINO COUNTY NEVER LEARNS, IT’S A GLUTTON FOR PUNISHMENT I GUESS.