| GIC735917 BROWN, KELLEY M v. HARTNETT, RODGER Case Title: BROWN vs LIBERTY MUTUAL INSURANCE COMPANY Case Number: GIC735917 Case Location: San Diego Case Type: Civil Date Filed: 09/23/1999 Category: A60516 Wrongful Termination [Irony seems to have taken up permanent residence at SDCOE-JPA] Plaintiff/Petitioner BROWN KELLEY M Defendant/Respondent LIBERTY MUTUAL INSURANCE COMPANY BROWNWOOD RANDALL BROWNWOOD & RICE CANNON CATHERINE GOLDEN EAGLE INSURANCE CORPORATION HARTNETT RODGER |
"Several publicly owned
insurance companies
have since reported
receiving subpoenas
from San Diego
investigators..."
--San Diego Union
Tribune, June 25, 2008
insurance companies
have since reported
receiving subpoenas
from San Diego
investigators..."
--San Diego Union
Tribune, June 25, 2008
Rodger Hartnett v. SDCOE, Diane Crosier,
Lora Duzyk et al
Lora Duzyk et al
P)Rodger J. Hartnett
BARRY M. VREVICH
07/08/08 08:30AM
C-73
Ex Parte
37-2008-00081583-
CU-WT-CTL
07/11/08
10:30AMC-73
Denton, Steven R.
Motion Hearing
37-2008-
00081583-CU-WT-CTL
BARRY M. VREVICH
07/08/08 08:30AM
C-73
Ex Parte
37-2008-00081583-
CU-WT-CTL
07/11/08
10:30AMC-73
Denton, Steven R.
Motion Hearing
37-2008-
00081583-CU-WT-CTL
Case Title: HARTNETT
VS. SAN DIEGO COUNTY
OFFICE OF EDUCATION
Case Location: San
Diego
Date Filed: 04/07/2008
Category: CU-WT
Wrongful Termination
Plaintiff/Petitioner
HARTNETT RODGER J
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CROSIER DIANE
DUZYK LORA
FORT-MERRILL
MICHELE
JENSEN LISA
RINEAR RICK
VINCENT JOHN
WARD RANDOLPH E
VS. SAN DIEGO COUNTY
OFFICE OF EDUCATION
Case Location: San
Diego
Date Filed: 04/07/2008
Category: CU-WT
Wrongful Termination
Plaintiff/Petitioner
HARTNETT RODGER J
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CROSIER DIANE
DUZYK LORA
FORT-MERRILL
MICHELE
JENSEN LISA
RINEAR RICK
VINCENT JOHN
WARD RANDOLPH E
HARTNETT, RODGER J v.
SAN DIEGO COUNTY
OFFICE OF EDUCATION
Defendants and attorneys:
D) San Diego County
Office of Education
Atty. Steven J Cologne
D) Randolph E Ward
Atty. Steven J Cologne
D) Lora Duzyk
Atty. Steven J Cologne
D) Diane Crosier
Atty. Robert N Hocker
[McGeorge SOL- now
active
Admin Inactive/MCLE
noncompliance
9-1-2001]
D) Lisa Jensen
Robert N Hocker
[also Chase Manhattan
and auto injury]
D) Rick Rinear
Atty. ALAN K. BRUBAKER
D) John Vincent
Atty. GOLNAR J. FOZI
"...She has successfully
defended lawsuits
alleging police
misconduct and violation
of civil rights, one of
which recently resulted in
the published opinion
Crowe v. City of
Escondido, et al.
(2005) 359 F.Supp.2d 994.
...In addition to the
foregoing, Fozi also
represents local special
districts in matters other
than employment law,
such as reviewing and
drafting indemnity
agreements..."
D) Michele Fort-Merrill
has 3 lawyers:
1. Atty. JOHN R. WERTZ
2. Atty. Pamela L. Wilson
3. Atty. Amberlynn Deaton
Wertz, McDade, Wallace, Moot
& Brower
Undergraduate School
Univ of California at Los
Angeles
Law School
Loyola Law School
12/1/2005 Admitted to
The State Bar of California
SAN DIEGO COUNTY
OFFICE OF EDUCATION
Defendants and attorneys:
D) San Diego County
Office of Education
Atty. Steven J Cologne
D) Randolph E Ward
Atty. Steven J Cologne
D) Lora Duzyk
Atty. Steven J Cologne
D) Diane Crosier
Atty. Robert N Hocker
[McGeorge SOL- now
active
Admin Inactive/MCLE
noncompliance
9-1-2001]
D) Lisa Jensen
Robert N Hocker
[also Chase Manhattan
and auto injury]
D) Rick Rinear
Atty. ALAN K. BRUBAKER
D) John Vincent
Atty. GOLNAR J. FOZI
"...She has successfully
defended lawsuits
alleging police
misconduct and violation
of civil rights, one of
which recently resulted in
the published opinion
Crowe v. City of
Escondido, et al.
(2005) 359 F.Supp.2d 994.
...In addition to the
foregoing, Fozi also
represents local special
districts in matters other
than employment law,
such as reviewing and
drafting indemnity
agreements..."
D) Michele Fort-Merrill
has 3 lawyers:
1. Atty. JOHN R. WERTZ
2. Atty. Pamela L. Wilson
3. Atty. Amberlynn Deaton
Wertz, McDade, Wallace, Moot
& Brower
Undergraduate School
Univ of California at Los
Angeles
Law School
Loyola Law School
12/1/2005 Admitted to
The State Bar of California
| Old cases |
California Court of
Appeal
Hartnett v. Duzyk et
al.
Case: D053889
4th District div 1
2009-02-05
APPELLANT'S
OPENING BRIEF
Appeal
Hartnett v. Duzyk et
al.
Case: D053889
4th District div 1
2009-02-05
APPELLANT'S
OPENING BRIEF
Case
Information
Information
Woody Merrill, a figure in the Rodger Hartnett case, fired by Tri-City Health Care District
At the December 18, 2008 board meeting... the board fired legal counsel William W. "Woody"
Merrill, who is also one of the preferred attorneys doing work for San Diego County Office of
Education. Merrill works for Best, Best and Krieger, a firm that has many contracts with public
agencies in San Diego.
Mr. Merrill's wife, Michelle Fort-Merrill, works for SDCOE-JPA, and is currently being sued by
Rodger Hartnett, a former SDCOE-JPA employee.
Merrill was replaced by Julie Biggs, a Riverside attorney who works for Burke, Williams &
Sorenson.
At the December 18, 2008 board meeting... the board fired legal counsel William W. "Woody"
Merrill, who is also one of the preferred attorneys doing work for San Diego County Office of
Education. Merrill works for Best, Best and Krieger, a firm that has many contracts with public
agencies in San Diego.
Mr. Merrill's wife, Michelle Fort-Merrill, works for SDCOE-JPA, and is currently being sued by
Rodger Hartnett, a former SDCOE-JPA employee.
Merrill was replaced by Julie Biggs, a Riverside attorney who works for Burke, Williams &
Sorenson.
Rodger Hartnett Declaration
(SDCOE lawyers unsuccessfully asked the court to strike this declaration.)
(SDCOE lawyers unsuccessfully asked the court to strike this declaration.)
| 698820 HARTNETT, RODGER CITY OF SANTA MARIA San Diego 04/03/1996 |
Paragraph 28:
"I went to Lora Duzyk
with my concerns. Ms.
Duzyk was Ms.
Crosier's boss. I
provided her with a
copy of the 1099
report.
I told her the Shinoff
firm was getting an
unusually high
percentage of our
work.
I told her that the
personal relationships
within our department
and Mr. Shinoff raised
conflict of interest
issues and constituted
improper
governmental business
activities. I told her
my biggest concern
was that our legal fees
were not being
properly delegated
among our panel
counsel law firms and
it could be a possible
violation of law. I
further told her that I
had overheard Mr.
Shinoff tell Rick
Rinnear that I should
not be working for the
SDCOE anymore."
"I went to Lora Duzyk
with my concerns. Ms.
Duzyk was Ms.
Crosier's boss. I
provided her with a
copy of the 1099
report.
I told her the Shinoff
firm was getting an
unusually high
percentage of our
work.
I told her that the
personal relationships
within our department
and Mr. Shinoff raised
conflict of interest
issues and constituted
improper
governmental business
activities. I told her
my biggest concern
was that our legal fees
were not being
properly delegated
among our panel
counsel law firms and
it could be a possible
violation of law. I
further told her that I
had overheard Mr.
Shinoff tell Rick
Rinnear that I should
not be working for the
SDCOE anymore."
| Joint Powers Authority (JPA) Executive Committee |
 |
 |
 |
Deposition of
Ray Artiano
(with SDCOE-JPA atty.
Dan Shinoff acting as
Artiano's counsel)
Ray Artiano
(with SDCOE-JPA atty.
Dan Shinoff acting as
Artiano's counsel)
"Not coincidentally,
Mr. McNulty used to
work together with
Ms. Crosier, Mr.
Rinear, Mr. Vincent,
and Ms. Jensen at
Ward North America
when Mr. Shinoff
was their defense
counsel for JPA
claims."
Mr. McNulty used to
work together with
Ms. Crosier, Mr.
Rinear, Mr. Vincent,
and Ms. Jensen at
Ward North America
when Mr. Shinoff
was their defense
counsel for JPA
claims."
"...Winet firm's
representation of
Ms. Crosier in her
own personal injury
lawsuit, additional
improper personal
relationships
between Mr. Shinoff
and Mr. Vincent,
issues regarding
the Winet firm's
employment of Lisa
Jensen's husband
Chris Jensen and
the referral of legal
business to Mr.
Merrill's firm by Ms.
Fort-Merrill or at
her
recommendation...Dr
. Ward testified in
my subsequent
appeal hearing that
he never read the
letter..."
representation of
Ms. Crosier in her
own personal injury
lawsuit, additional
improper personal
relationships
between Mr. Shinoff
and Mr. Vincent,
issues regarding
the Winet firm's
employment of Lisa
Jensen's husband
Chris Jensen and
the referral of legal
business to Mr.
Merrill's firm by Ms.
Fort-Merrill or at
her
recommendation...Dr
. Ward testified in
my subsequent
appeal hearing that
he never read the
letter..."
Why This Website
Stutz Artiano Shinoff Holtz
v Maura Larkins defamation
SDCOE
CVESD
Castle Park Elementary Sch
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff &
Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff Holtz
v Maura Larkins defamation
SDCOE
CVESD
Castle Park Elementary Sch
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff &
Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
See Hartnett declaration below.
Summary Judgment ruling July 29, 2010
Judge Steven R. Denton
Summary Judgment--Wrongful Termination
37-2008-00081583-CU-WT-CTL
HARTNETT VS. SAN DIEGO COUNTY OFFICE OF EDUCATION
Defendants LORA DUZYK and MICHELLE FORT-MERRILL'S motions for summary judgment are GRANTED.
C.C.P. § 437c. These defendants are only parties to the sixth cause of action within the Second Amended
Complaint such that this ruling is directed to the sixth cause of action only.
Judge Steven R. Denton
Summary Judgment--Wrongful Termination
37-2008-00081583-CU-WT-CTL
HARTNETT VS. SAN DIEGO COUNTY OFFICE OF EDUCATION
Defendants LORA DUZYK and MICHELLE FORT-MERRILL'S motions for summary judgment are GRANTED.
C.C.P. § 437c. These defendants are only parties to the sixth cause of action within the Second Amended
Complaint such that this ruling is directed to the sixth cause of action only.
San Diego
Education Report
Education Report
Judge Orders Back Pay for Fired Schools Employee
March 3, 2011
by Emily Alpert
Voice of San Diego
A Superior Court judge has ruled that a former San Diego County Office of Education
employee who filed a wrongful termination suit against the agency must be given more
than $200,000 in back pay and medical premium reimbursements — more than 11
times as much as the agency initially sought to pay him.
Rodger Hartnett once helped oversee litigation as a claims coordinator for the Risk
Management Joint Powers Authority, a public agency run through the county office
that handles lawsuits for schools.
He was terminated more than three years ago and has been locked in a lengthy legal
battle with the office since then. Hartnett claims he was fired for blowing the whistle on
conflicts of interest at the agency; the office says he was fired for negligence,
insubordination and dishonesty. An internal commission found that Hartnett's
termination was "for good cause and not excessive."
The same judge ruled nearly two years ago that Hartnett should be reinstated and
awarded back pay to the date of his firing, concluding that the office did not
investigate Hartnett's claims about "insider dealings" before his firing. The judge didn't
address whether Hartnett was justified in those claims.
We've reported on a several issues that Hartnett raised in his suit, including the fact
that another employee has advised her boss on whether to retain attorneys for
personnel cases, something that routinely led to business for her husband's law firm.
The issue is now being investigated by the state Fair Political Practices Commission.
The County Office of Education gave Hartnett less than $18,000 in back pay after his
earlier reinstatement. He took the office back to court, arguing it had underpaid him.
The key issue was whether the office could dock Hartnett for time when he was
medically or psychiatrically disabled from working.
The court ruled that it could not, concluding that his stress was directly related to
disputes with his employer. The judge did not settle larger issues that remain in the
Hartnett litigation, including whether the alleged conflicts of interest were real and
whether Hartnett was retaliated against as a whistleblower. The County Office of
Education declined to comment on the ruling.
March 3, 2011
by Emily Alpert
Voice of San Diego
A Superior Court judge has ruled that a former San Diego County Office of Education
employee who filed a wrongful termination suit against the agency must be given more
than $200,000 in back pay and medical premium reimbursements — more than 11
times as much as the agency initially sought to pay him.
Rodger Hartnett once helped oversee litigation as a claims coordinator for the Risk
Management Joint Powers Authority, a public agency run through the county office
that handles lawsuits for schools.
He was terminated more than three years ago and has been locked in a lengthy legal
battle with the office since then. Hartnett claims he was fired for blowing the whistle on
conflicts of interest at the agency; the office says he was fired for negligence,
insubordination and dishonesty. An internal commission found that Hartnett's
termination was "for good cause and not excessive."
The same judge ruled nearly two years ago that Hartnett should be reinstated and
awarded back pay to the date of his firing, concluding that the office did not
investigate Hartnett's claims about "insider dealings" before his firing. The judge didn't
address whether Hartnett was justified in those claims.
We've reported on a several issues that Hartnett raised in his suit, including the fact
that another employee has advised her boss on whether to retain attorneys for
personnel cases, something that routinely led to business for her husband's law firm.
The issue is now being investigated by the state Fair Political Practices Commission.
The County Office of Education gave Hartnett less than $18,000 in back pay after his
earlier reinstatement. He took the office back to court, arguing it had underpaid him.
The key issue was whether the office could dock Hartnett for time when he was
medically or psychiatrically disabled from working.
The court ruled that it could not, concluding that his stress was directly related to
disputes with his employer. The judge did not settle larger issues that remain in the
Hartnett litigation, including whether the alleged conflicts of interest were real and
whether Hartnett was retaliated against as a whistleblower. The County Office of
Education declined to comment on the ruling.
Tort Claim and complaint Rodger Hartnett v. SDCOE, Diane Crosier, et al
SDCOE contract atty. Dan Shinoff took SDCOE employees to this restaurant for lunch.
Sept 2009 Rodger Hartnett win is upheld in court of appeal