Posted by
MiikiMike on Thursday, September 30, 2010 7:29:33 PM
"There are cases when an individual has been wrongfully treated by his government andabout the only way, unless the individual resorts to court, and even in some cases the courtsare not able to give proper relief, the only area or avenue open to the individual is through his representative. When you find a bona fide error has been made, I suggest that you makea maximum effort to remedy it. This I feel is a vital and important function of those of us inthe House of Representatives."
Authors: Donald G. Tacheron and Morris K. Udall, from the book entitled "The Job of the Congressman", pages 65 and 66. (This important duty applies to all elected officials)
Article 1, Section 7, of the California Constitution states: " A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws...." and.......
Article 1, Section 26 states: " The provisions of the constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise".
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Michael L. Lofton
(Address Omitted for Privacy)
September 17, 2010
His Honor Mr. Antonio Villaraigosa, Mayor
City of Los Angeles
City Hall Office of the Mayor
200 N. Spring Street
Los Angeles, CA 90012
Dear Mayor Villaraigosa:
Enclosed is a copy of unsigned and erroneous correspondence from the LADWP retirement Plan Section. Contrary to the phrase, "When you (meaning I) terminated from the Department of Water and Power you (meaning I) left your (meaning my) contributions on deposit in the Retirement fund.", I did not terminate myself. On October 18, 2007, I was sent home by LADWP Supervision at No Shift No Pay without good cause (for reference Los Angeles Superior Court Cases #BC 385899, BS 121571) with the requirement by LADWP supervision that I submit to testing and evaluation by a drug/alcohol abuse Substance Abuse Professional (SAP) , as a condition for returning to work. LADWP's own medical records show that I have tested negative for every drug/alcohol abuse test. Since I don't have this problem or issue, I refused to subject my stellar work history and reputation to such unwarranted testing and evaluation.
I filed my own grievance with Local 18 union Gus Corona for restoration of lost wages and other benefits containing a formal written apology from LADWP supervision, and for representation from IBEW Local 18 for clearing my good name tainted by drug/alcohol abuse. Neither IBEW Local 18, LADWP management, 10th Los Angeles City Councilman Herb Wesson, nor any other representative of the City of Los Angeles, or lawyer functioned to address these serious issues. My Mom, Mrs. Esther M. Lofton, filed Los Angeles Superior Court Case #BC 385899, in my behalf.
I'm a thirty year employee of the City of Los Angeles, primarily employed by the LADWP. My career with the LADWP began on April 16, 1979, as a Steam Plant Assistant, at Scattergood Steam Plant. In 1982, I changed career paths to become an Electrical Craft Helper, working at Palms District 4, 2311 S. Fairfax and also 1630 N. Main Street, Electrical Repair Section (ERS). From 1986 to 1989, I was employed with the LADWP as an Apprentice Electrical Repairer at (ERS). I completed the Electrical Repairer's Apprenticeship in January of 1990. During this same period I graduated from Los Angeles Trade Tech College with an Associate of Science Degree in Electrical Construction and Maintenance. In addition, during this same period, I successfully passed the Civil Service Exam for Electrical Mechanic, and officially became an Electrical Mechanic at 1400 S. Sepulveda, West Los Angeles.
In 1999, I was promoted to Senior Electrical Mechanic at 1400 S. Sepulveda, West Los Angeles. Most of my career as Senior Electrical Mechanic was spent reporting to the 1400 S. Sepulveda, West Los Angeles facility. In December of 2005, through LADWP employee tuition reimbursement, and my own expertise and sacrifice, I graduated from Pepperdine University, with a B.S. Degree from the George L. Graziadio School of Business and Management. In January of 2007, I transferred to 1212 Palmetto, as a Senior Electrical Mechanic, working in Diagnostics. I remained here until the unwarranted attack upon my reputation and work record by the actions of LADWP Supervision at the 1212 Palmetto location.
On Tuesday, October 16, 2007, I was directed by my supervisor John Rumi to report for a refresher qualified electrical worker (QEW) course, a four-day session that began at 7:30 a.m. ending at approximately 3:20 p.m. At approximately 9:30 AM, I received a call from John Rumi to report to Maximed Medical Occupational Center, 8100 Sunland Boulevard; Sun Valley, CA 91352, telephone (818) 768-8882, for DOT testing, following the end of Tuesday's QEW refresher training. I arrived at the Maximed Medical Occupational Center at 3:30 PM. Following the directives of the Maximed Medical personnel at the facility I provided them two (2) urine specimens, 20 minutes apart. Two samples were requested since I was told that my first donation had not produced a sufficient volume of urine to conduct DOT required tests. Twenty minutes after drinking an ample amount of water I provided them with a second sample of urine which the personnel still claimed was not enough for testing.
Never at any time was I advised by anyone at Maximed Medical Center that failure of my body to produce a sufficient sample of urine would be deemed as failure to pass the DOT test automatically branding me as a user of drugs or alcohol, which I am not. My work day ends at 4:00 p.m. so I left. I was enrolled in a TIG Aluminum welding class at Los Angeles Trade Tech Community College that began at 6:00 PM.
On Wednesday, October 18, 2007, when I reported to work, I was confronted by LADWP Supervision to comply with a DOT Directive, requiring that I submit to testing and evaluation by a Substance Abuse Professional (SAP), as a condition for returning to work. I was sent home after being on No Shift No Pay. Following this incident I have been falsely charged with being insubordinate, or other erroneous charges via documents bearing the heading (City of Los Angeles, Department of Water and Power, INTRADEPARTMENTAL CORRESPONDENCE, dated November 12, 2008) sent by U.S. Express Mail, and/or hand delivered by LADWP supervision to my home address. My residence is not a City of Los Angeles, Department of Water and Power facility.
During the period that I was removed from duty without good cause by LADWP supervision, I worked as a part time Electrician at the Los Angeles Convention Center. When LADWP supervision discharged me without good cause on March 12, 2009, this also terminated my employment as a part time Electrician at the Los Angeles Convention Center.
While employed as a Senior Electrical Mechanic with the LADWP, I was appointed for at least 70 different dates, as a temporary Electrical Mechanic Supervisor. I also successfully passed the Civil Service Exam for Electrical Mechanic Supervisor and qualified for this position that is up until the time that LADWP supervision ruined my reputation, and discharging me without good cause on March 12, 2009.
As evidenced by all the factual information as stated in the foregoing paragraphs, the statement, "At the time of my resignation, I had at least 10 years of service", an egregiously misstatement of fact. I did not resign. On March 12, 2009, after better than 30 years of service to the City of Los Angeles, I was discharged without good cause, without any benefit of LADWP retirement benefits, earned accumulated overtime and/or vacation claim benefits. Enclosed are two time dated (10-15-2009) LADWP documents, time dated by the LADWP at the John Ferraro Building (JFB) , with my signature affixed, earned accumulated overtime and vacation benefits, that I have yet to receive. LADWP officials continue to withhold benefits due me without good cause.
During the interim to provide the necessities of life, I have cashed in my Prudential (20 year) paid up life insurance policy and a Park Avenue life insurance Policy. I am substantially indebted to Citi Group, Fry's, Home Depot, Office Depot, and Union Plus for making maximum use of credit cards (recorded in Los Angeles Superior Court Case BS 121571) to purchase other essential items, one being a 3750 Watt Homelite Generator. My Kaiser Health and Delta Dental Health benefits are now cancelled, which is associated with loss of earned income due, but not received.
On Friday, July 23, 2010, LADWP workers with LADWP dispatched security officers, disconnected the electric utility power to my residence from the utility pole on my property. In response to the generator noise, on at least five occasions, LAPD officers were called by neighbors at (address omitted for privacy), to request that the generator be shut down at night or quieted. Each time, the LAPD officers, left never to return. I was forced to endure the labor, and expenses to fuel a gasoline powered generator to supply electricity to the refrigerator, freezer, and/or other household essentials, all while LADWP officials continue to hold my retirement benefits, and/or other earned benefits without good cause. During this period the generator had to be serviced on multiple occasions for at least an hour or more. The existing refrigerator failed and at considerable expense a new refrigerator had to be purchased to keep our food from spoiling. On Friday, August 27, 2010, with the assistance of my mom and my own labor I reconnected power at the utility pole, so that we could continue to have electricity for three major appliances, a refrigerator, washer, and dryer.
I received an unsigned notice from the Los Angeles Department of Building and Safety, after an appearance at my residence by one of its' agents precipitated by neighbors from Somalia. This notice was a threat of fines as a result of a noisy generator.
I come to you as Mayor of the City of Los Angeles, since you are the only representation I have in the City of Los Angeles, who respects and enforces the constitution and laws for that protection.
Sincerely,
Michael L. Lofton
(Sent by certified mail #7008 1830 0004 4951 2417)
Enclosures:
(1) Unsigned and erroneous Water and Power Employees' Retirement Plan Correspondence, from the LADWP Retirement Section, dated 9-15-2010.
(2) Erroneous and insufficient Application for Early Retirement for Michael L. Lofton, Employee #532091, from the LADWP Retirement Section.
(3) Application for retirement submitted.
(4) Notice of Discharge, Suspension or Probationary Termination, effective March 12, 2009.
(5) Time and date stamped (10-15-2009), with my signature affixed, vacation claim form.
(6) Time and date stamped (10-15-2009), with my signature affixed, earned accumulated overtime claim form.
(7) Employee Job History, for MLL, LADWP Employee # 532091, five pages, meaning I'm not employed as a commercial vehicle truck driver.
(8) LADWP Employee DOT Directive form, dated October 17, 2007, used to send me home and attempt to force an individual with no history of Drug/Alcohol abuse to submit to SAP treatment as a condition to return to work.
(9) City of Los Angeles Department of Water and Power, INTRADEPARTMENTAL CORRESPONCE, dated November 12, 2008.
(10) LADWP's own documents (quantity 2) show or prove all tests are indeed negative.
(11) Local 18, IBEW grievance notification form signed by Gus Corona, time and date stamped by LADWP personnel at the LADWP JFB Industrial Relations Office. To date no action has been taken to resolve this justified grievance by Gus Corona, IBEW Local 18, LADWP supervision, and 10th District Los Angeles City Councilman Herb Wesson.
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“DEFENDANT ANTONIO VILLARAIGOSA'S NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT WITH PREJUDICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DECLARATION OF LISA S. BERGER …….dismissing with prejudice the Complaint based on plaintiff's failure to serve and file a first amended complaint…….On February 21 , 2008, plaintiff Lofton filed his Complaint against defendant Villaraigosa, alleging his rights had been violated when, due to his failure to complete a random drug test as required by state and federal law, he was taken out of his truck-driving position…….I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on June 23, 2008, at Los Angeles, California.” by Deputy City Attorney Lisa Berger, Statement of Facts”
In January of 2007, I transferred to 1212 Palmetto, as an Senior Electrical Mechanic, working in Diagnostics (timing and testing contact resistance of HV circuit breakers, Flir infrared of HV electrical apparatus, finding SF6 Gas leaks on HV CB’s, etc.) none of this being related to commercial truck driving as expressed by Deputy City Attorney Lisa Berger in her rebuttal to Los Angeles Superior Court Case BC 385899.