1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Not sure where to post filing / preparing for an Appeal?

Discussion in 'Civil Court, Procedure & Litigation' started by Nasheayahu, Feb 20, 2021.

Thread Status:
Not open for further replies.
  1. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    That's not how it works:

    1. CONDITIONS OF EMPLOYMENT
    As a condition of employment, employees are required to comply with the provsions of the City of Albuquerque's Merit System Ordinance, Labor Management Relations Ordinance, Conflict of Interest Ordinance, Personnel Rules and Regulations, Executive Orders and Administrative Instructions and all relevant laws, statutes, ordinances, regulations and collective bargaining agreements governing employment with the City of Albuquerque.

    These Ordinances were not followed.
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    I understand that you believe that the rules weren't followed. Best of luck with your appeal.
     
  3. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    Thanks!...
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    What words did you use? Quote them for us.
     
  5. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    I will do that after posting supporting evidence of the harsh working condition the City created. The wreck-less drivers was only 10% of the problem. Dealing with them was easy before the days leading up to this first incident.

    My Major premise is based on the working conditions contributing to this part of my degraded performance, then we can discuss the words. I'm not denying the actions taken and I do admit the words used were inappropriate. But, the City doesn't want to take responsible for the working conditions they created. You will see this when I post what I believe is over whelming evidence, but was ignored.

    And there's more and don't know the legal terms for them, but when I post it, I'm sure you will be able to give me the correct ones.
     
  6. justblue

    justblue Well-Known Member

    Messages:
    2,472
    Likes Received:
    1,097
    Trophy Points:
    113

    You have a 10% issue with "wreckless drivers"? One would think you would have issues with reckless drivers. :rolleyes:
     
  7. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    Great - awesome. Now deal with the fact that you (admittedly) violated policy on 3 occasions.
     
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    Then your appeal is almost guaranteed to fail.
     
    Zigner likes this.
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,522
    Likes Received:
    754
    Trophy Points:
    113

     
    Zigner likes this.
  10. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    I doubt it, that's up to the Judge to decide after providing facts against the Transit Administration in creating harsh conditions to fail.
     
  11. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    Are you saying a Director of Transit, Asst. Director, Supervisors are not Employees? What about the AG? Everyone who works for the City is an Employee. But, being there's politics, there's definantly people that are not regarded as Employees. Like the Mayor, but everyone that is not voted in office is an Employee of the Mayor.
     
  12. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    YOUR wrongdoing is what dooms your appeal.
     
  13. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,522
    Likes Received:
    754
    Trophy Points:
    113

    You've not mentioned any act that any of those people have done that is in any violation. But I have to believe that yelling at drivers are in violation of some rule or regulation and you have admitted to doing that.
     
  14. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    As I've have stated previously, I be posting my Major premise which will contain the evidence of the case against. I work, doing research and prep, so the extra time I have and other question needing answers too, I post here.

    This is what I was lead to believe when I registered. I'm not here to debate if I'm going to win, lose are draw. During the hearings before the Personal Board, I was not allowed to enter evidence, crucial evidence tossed out, cross examinations were scrutinized and interrupted, not allowed to establish clarity of a subject, City Attorney restructured incidents and Transit Direct lied, HR Senior Personnel/Labor Relations Officer forged the Transit Directors signature to approve reassignment which there is no Text in the CBA nor in any Administrative Instructions.

    So going before the Judge which demands evidence, facts, arguments and diffinantly will not allow Counsel to lie and obstruct evidence. I'm looking for a fair hearing, not this low level sham job this Board gave me. The only place I will get this is in a Court of Law, even if the judgement is against. Whatever, then I will rest!

    Understand were I'm coming from?

    Argh! It would be nice if you would've read through the discussions, there was no yelling, the sound of my voice never left the cabin seat area, the passengers could not even hear it, it was more of a breath of words commenting about the reckless (wreck-less: remember Bugs Bunny, this for justblue, so in content both words mean the same) driver, that is it!

    I have a recording camera just above my head and this was just added while the Supervisor was investigating the complaint by a passenger that was addressing something else.
     
  15. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    And now you also have passenger complaints...
     
  16. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    Today I was granted my MOTION FOR EXTENSION OF TIME for 45 days to file the Appeal. So hopefully before filing the Docketing Statement, I'll have enough money to hire a Attorney and he can doing everything. But in the mean time just in case, I'll continue to prepare it myself.
     
  17. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    Question, when the Hearing Officer submits altered testimony and statements to the originals in their report, can that still be falsification of documents and considered a criminal offense?
     
  18. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    What did your administrative law attorney have to say when you asked this question of them?
     
  19. Nasheayahu

    Nasheayahu Law Topic Starter Member

    Messages:
    42
    Likes Received:
    0
    Trophy Points:
    6
    Represented myself, for some reason no one would take the case. I have my assumption, but that's how it turned out. I'm Hoping I don't get the same treatment in obtaining an Appellate Lawyer and the cost is within my budget.

    The HO, City Counsel toke advantage of this and altered testimony, documented passenger complaints as well suppressing my exhibits and authorities. And presented a severely altered version to the Board and the Board participated ass well in additional alterations.

    So I'm getting a dose of what you'll see in the movies as well as in the News. If they had a clear case of Just Cause, why go through this extensive length to create one.
     
    Last edited: Mar 15, 2021
  20. army judge

    army judge Super Moderator

    Messages:
    34,058
    Likes Received:
    5,604
    Trophy Points:
    113

    That decision will be made by the prosecuting or district attorney, if the facts and allegations rise to level of criminal acts and/or crimes.

    All of us see events and occurrences through our, unique world view and personal filters!
     

Share This Page

Thread Status:
Not open for further replies.