Thursday, March 24, 2011

Legislative immunity bars unlawful discrimination lawsuit

Legislative immunity bars unlawful discrimination lawsuit
Almonte v. City of Long Beach, 478 F. 3d 10

In a civil rights and wrongful discharge case based on the members of the City of Long Beach’s city council voting to eliminate the funding for a number of positions, a federal district court rejected Long Beach’s motion to dismiss the complaint.

The Federal Circuit Court of Appeals, Second Circuit, reversed the lower court’s decision.

The Circuit Court said that Legislative immunity applies not only to the council members' budget vote to eliminate funding the positions in question, but also to any discussions and agreements members may have had regarding the new budget prior to the vote, regardless of whether those discussions and agreements took place in secret.

The decision is posted on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/2007/02/united-states-cour-t-of-appeals-2-for.html
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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