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Old 01-22-2013, 02:13 AM
 
Location: San Antonio, TX
14 posts, read 20,355 times
Reputation: 13

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they can ban em from city hall yes, but they fired them for wistle blowing which is illegal. they need to have a word with the dept of labor for their state (I assume it's texas, didn't read article).
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Old 01-22-2013, 05:54 AM
 
Location: New Braunfels, TX
6,257 posts, read 8,986,685 times
Reputation: 6342
Perhaps it's his CLAIM that he was fired for whistle-blowing....from the sounds of things, it was more like for being a jerk - and THAT is legal grounds!
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Old 01-22-2013, 07:34 AM
 
360 posts, read 657,263 times
Reputation: 367
Quote:
Originally Posted by TexasRedneck View Post
Perhaps it's his CLAIM that he was fired for whistle-blowing....from the sounds of things, it was more like for being a jerk - and THAT is legal grounds!
I think that's the crux of this issue: he claims he was whistle blowing, others assume he was being a jerk, and the the action that the city took was banishment without recourse or due process. Due process is what's needed to determine who is right and who is wrong.

It is his burden of proof to prove he was banned for whistle blowing. So why did the city not let him try to prove that? If he's jerk espousing rumors and conjured up scenarios without facts it should not be too hard for COSA to prove that he is the problem and thus, deserves banishment.
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Old 01-22-2013, 07:38 AM
 
3,669 posts, read 5,898,364 times
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COSA is viewing the areas they are banned from as regular workplaces, like any other, where the managers or owner of said workplace can decide who is allowed to come on property or not and for those who already know they are not allowed back on would be trespassing if they tried.

The problem is that since this place of employment is also town hall it morphs into another issue.

The crux is should an employer have a say of who comes onto their property? Yes.

But what if the employer is town hall? Then that does change things, doesn't it?

The City will eventually have to detangle this and maybe with the help from the courts.
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Old 01-22-2013, 11:47 AM
 
360 posts, read 657,263 times
Reputation: 367
Quote:
Originally Posted by Merovee View Post
The crux is should an employer have a say of who comes onto their property? Yes.

But what if the employer is town hall? Then that does change things, doesn't it?
Well if that is the case, from my perspective; and this is a perspective based on 15 years of public service that I hold at various agencies - i.e. local, city, state and the federal government-a person can be banned regardless of the space.

All that needs to be proven, through due process of course, is that the individual in question is a dangerous individual.

That's why I contend, that so long as COSA makes a case that the person is causing a stir and is a danger to city officials and the public, they can ban him.

However, like you have said, the courts will definitely have to untangle this one.
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