Wrongful termination appeal against Lathrop will be delayed 

LATHROP — An appeals hearing for fired Chief Building Inspector Matt Browne will be delayed after his attorney requested a new judge to preside over the hearing, claiming the initial judge picked by the City Council had a conflict of interest.

According to Browne’s attorney, San Francisco employment lawyer Ellen Mendelson, hearing officer Tom Brown of the firm Hanson Bridget LLP has a “personal relationship” with Mike Colantuono, the attorney hired to represent the city in the hearing.

Mendelson said she objected after learning that Tom Brown had received free legal advice from Colantuono regarding a land use issue last year.

“I don’t think that my client is getting fair treatment,” Mendelson wrote May 12 in an e-mail to Tom Brown and Colantuono, among others. “If you two are friendly enough to call each other about cases, and ask for free legal advice, you are too friendly for me to be comfortable.”

Lathrop city spokesman Mike Esau said it would be inappropriate for the city to comment on the hearing. Tom Brown did not immediately return a request for comment Thursday.

Browne was fired for undisclosed reasons in January after seven months of paid administrative leave while charges against him were investigated. He later filed a wrongful termination appeal against the city.

The accusations against Browne have been carefully guarded by city officials, who cite confidentiality laws.

But Mendelson said this week that her client had been accused of filing fraudulent workers compensation claims, allowing builders to grade land without proper permits and attending a developer's "client appreciation night," among other charges.

Mendelson said Browne was unaware of the charges against him during his seven-month leave. After repeated requests, she said, city officials sent seven spiral-bound notebooks detailing the allegations to his home, along with a letter stating that he had seven days to contest the charges or would be fired.

The city also hired an investigator to follow and videotape Browne during that time, Mendelson said.

Resulting video footage of Browne golfing at a driving range was used as evidence of workers comp fraud, she said, though the footage was captured four months after Browne's on-the-job injury and two months after a doctor said he could return to work.

Browne wants to have his appeals hearing in public to "clear his name," but Mendelson said city officials want to hold the meeting behind closed doors.

Again, Esau said he could not comment on the allegations or Mendelson’s statements.

“Whether (Mendelson makes the accusations public) or not, the city still has a duty to respect the confidentiality of employees in this situation,” Esau said.

The appeal, originally scheduled for early June, will now likely be postponed, Mendelson said.

City officials are working on lining up a new hearing officer that is acceptable to all parties, Esau said.

Browne wants to be put back on the job and is seeking back pay, Mendelson said. He was four years shy of retirement benefits when he was fired.