http://lubbockleft.com/2007/08/04/dixon-platt-and-timing/ A strong progressive voice in Lubbock, TX Fri, 18 May 2012 01:42:21 +0000 http://wordpress.org/?v=2.2.1 http://lubbockleft.com/2007/08/04/dixon-platt-and-timing/#comment-10 Sue Sat, 04 Aug 2007 18:01:31 +0000 http://lubbockleft.com/2007/08/04/dixon-platt-and-timing/#comment-10 Platt's attorney asked Fernando Bustos to recuse himself at the beginning of the grievance hearing. Fernando did not. I believe this bias allegation is a red herring because normally the grievance is heard by employees of the city up to the city manager if necessary. Who could be closer to the city? Here's what the AJ said about that: "Employees can appeal decisions through the management chain up to the city manager. Because City Manager Lee Ann Dumbauld and City Attorney Anita Burgess were witnesses in the hearing, the city appointed outside counsel to represent Lubbock and to mediate the hearing." I think the use of the word "mediate" is wrong in this context. In AJ coverage Fernando is called the adjudicating attorney at one point and at another point referred to as mediator. I don't think this proceeding was a mediation. Someone who is a lawyer could chime in on this point. Like you, I think he was losing and that's why he called it off. Platt’s attorney asked Fernando Bustos to recuse himself at the beginning of the grievance hearing. Fernando did not. I believe this bias allegation is a red herring because normally the grievance is heard by employees of the city up to the city manager if necessary. Who could be closer to the city? Here’s what the AJ said about that: “Employees can appeal decisions through the management chain up to the city manager. Because City Manager Lee Ann Dumbauld and City Attorney Anita Burgess were witnesses in the hearing, the city appointed outside counsel to represent Lubbock and to mediate the hearing.” I think the use of the word “mediate” is wrong in this context. In AJ coverage Fernando is called the adjudicating attorney at one point and at another point referred to as mediator. I don’t think this proceeding was a mediation. Someone who is a lawyer could chime in on this point. Like you, I think he was losing and that’s why he called it off.

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