Judge Cancels Sheriff Villanueva's Rehiring of Licensed LA County Member of Parliament

A judge on Monday quashed sheriff Alex Villanueva's controversial decision to reinstate a deputy who was fired for violating the department's policy on domestic violence and lies – a conflict that sparked a rare legal battle between some of the most powerful politicians County of LA

Judge Mitchell L. Beckloff of the Los Angeles Superior Court issued a preliminary injunction in which Villanueva was to dismiss substitute Caren Carl Mandoyan from his post. Mandoyan must also return the county property, including his weapon and badge.

"The sheriff's decision to cancel the release of Mandoyan significantly undermines public confidence in the county's law enforcement forces," the judge wrote in a 14-page order explaining his decision. "It also undermines the county's employment and discipline systems and creates confusion with employees and the public."

Greg Smith, Mandoyan's attorney, said he would likely appeal the decision and suggested that new evidence at trial could lead the deputy minister back to work.

"This is only a temporary thing," said Smith about the preliminary injunction against Mandoyan.

But the judge noted that although the case is still pending at trial, the county will likely prevail on the basis of the evidence presented so far. Beckloff wrote that his order was necessary because the reinstatement of Mandoyan had caused "significant irreparable harm" to the county. The injunction will remain in effect until a trial is held, after which the judge may make the removal final.

"I'm disappointed, but I'm eager to present all the evidence" at the trial, said Villanueva's lawyer, Steven Madison.

Villanueva has posted a statement in Twitter in which he says he is "equally disappointed" by the decision, but will withdraw Mandoyan until the case is settled at a trial. "My priority, if your public safety and I will continue to uphold and respect the law," he wrote.

The Los Angeles County Supervisory Board made the highly unusual decision to sue the independently elected sheriff and his department in March, claiming that Villanueva's re-employment of Mandoyan was illegal because it stemmed from a legal settlement. which had not been signed by county attorneys and had not been approved by the county staff director.

The dispute was a risky gamble for Villanueva, who relies on supervisors to approve funding for his department. But the supervisors also seemed to be powerless if the judge ruled in favor of the sheriff. This order reinforces the view that the supervisory board has the power to intervene in controversial employment decisions in the counties.

"It's a decisive victory for the county," said supervisor Sheila Kuehl, who has been a stern critic of the sheriff.

Monday's decision followed a late Friday when the judge joked that it was a "battle of the titans". In general, the struggle for power that has lasted for several months questions asked if the sheriff and supervisors can work together on other issues.

The order eliminates Mandoyan – which county officials refuse to pay – from any work as a deputy.

Initially, Mandoyan had been trying to get about 200,000 dollars in county salary arrears. Smith said that he had dismissed the issue and probably would not have raised it in court.

"Nobody asks for it," he says. "It's irrelevant now. According to this decision, Mandoyan is not a county employee. "

Skip Miller, the county's attorney, said he would seek to keep Mandoyan permanently out of force during the trial. Miller cites Beckloff's order in which he states that the county has shown that the complaint against Villanueva's decision was well-founded and that it might be prejudicial to let Mandoyan continue working in the department.

"It's an important decision for the people of this county," he said. "The supervisory board made a difficult decision to make. They got up and made the right choice. This is the good result, and I really hope he will stand trial. "

In interviews before the decision, Villanueva said that he was reaffirming the role of an elected sheriff and was attempting to treat MPs more equitably than his predecessor, Jim McDonnell. He also claimed that supervisors did not have the power to control the decisions of staff in his department.

Mandoyan has been assigned to a post that does not involve public patrol operations, Villanueva said. But county officials said they feared prosecution if Mandoyan acted as law enforcement official while his powers
to the argument.

Mandoyan was initially fired in 2016 after internal investigators discovered the evidence, including a video, that he had attempted to break into another MP's apartment with who had a romantic relationship. The woman had accused Mandoyan of placing her hands on her neck and having harassed her with SMS.

The investigators thought that Mandoyan had lied during the investigation, questioning his integrity as an enforcement officer. He appealed his dismissal to the County Public Service Commission, which heard the testimony of the case and reaffirmed his dismissal.

Mandoyan then volunteered to be Villanueva's driver during his campaign for the sheriff and was often seen by his side at elections.

The question is whether Villanueva had the power to reinstate Mandoyan even though the Public Service Commission had confirmed his dismissal. MPs who want to challenge the commission usually have to file a writ in court and wait for a judge to assess the results. Mandoyan avoided this process by entering into an agreement with the sheriff to resume his duties.

On Monday, it was unclear whether Villanueva could appeal the judge's decision.

Kuehl stated that she and the other supervisors argue that employees can not be reinstated by department heads – including those, such as sheriff, who are elected – after the Public Service Commission has confirmed dismissal.

This would require the approval of the County Personnel Manager, she said. In the past, the county has informed people in situations such as
Mandoyan must stop pretending to be county workers – by ordering them, for example, to stop using official stationery.

"With the deputy minister, it's even more important because they have a weapon, a badge and an authority," said Kuehl.

"The sheriff," she added, "is convinced that he has authority over all his employees and not on the supervisory board. This decision shows him that he made a mistake when there was a final decision. "