The City of Eureka and its manager David Tyson will mount a legal challenge in Humboldt County Superior Court Friday morning against a lawsuit filed by former police dispatcher Tawnie Hansen.
The court will decide if Tyson and Eureka should be held to answer the complaint, which alleges harassment, failure to prevent harassment, and aiding and abetting the harassment.
Lawyers for Tyson and Eureka wrote in the demurrer filing that government immunity protects Tyson from the suit, and that he can’t be held personally liable for the charges even if true. He and the city also claim Hansen failed to exhaust her administrative remedies.
But Hansen’s attorney, Alan Goldberg, responded that defendants are drawing “backwards conclusion[s]” by nit-picking which boxes Hansen checked on a Dept. of Fair Employment and Housing (DFEH) complaint form. Hansen checked a box marked “other” and not the box marked “sex” on a pre-printed form about harassment before submitting a fuller description of the particulars.
Tyson and the city also “attempt to mislead this court,” wrote Goldberg, by citing a case in their defense while omitting key paragraphs that support Hansen’s allegations. The paragraphs include that “a supervisor who personally engages in sexually harassing conduct is personally liable under the FEHA.”
Tyson and Eureka are represented by Santa Rosa law firm Shapiro, Galvin, Shapiro & Moran.
The hearing is scheduled to start at 8:45 am.
“Lawyers for Tyson and Eureka wrote in the demurrer filing that government immunity protects Tyson from the suit, and that he can’t be held personally liable for the charges even if true.”
That’s his defense, OMG! Rob better start selling his Tyson stock now!
You petty ass people who do not know Tyson his family, he is a dedicated Father,Grandfather,and Husband this case is BS and it will play out that way. All this crap is bogus and fabricated by people who have an agenda that is not in the best interest of our area.
“not in the best interest of our area”???
something tells me there are varying views on what fits that definition. I for one am appalled at what goes on in the city of Eureka.
I think it’s in all our best interests to have this case heard in court. What are you so afraid of us hearing?
Please take the SN money Mr. Tyson, and abandon the City Manager gig. It’s due time.
Please o please let this be the downfall of David. He has overstayed his welcome.
Anyone who has had their ear to the city hall door knows that this situation was just a matter of time! The big boys in town are going to head for cover when the sh*t hits the fan in this case. David, when you play & play & play – you’re going to have to pay. It looks like your time has arrived!
I am assuming that the City of Eureka’s attorney fees
are paid by the taxpayer. My question is: If
David Tyson is found guilty, does he have to pay for
his part of the attorney fees? Is this covered by
insurance? I too am appalled at what goes on in this city. A very crass set of people have had control
over this city for a long time.
Insurance covers the fees for the attorney. The city attorney is not representing the city in this lawsuit.
Darn Government Copde Sections Again = Fraud protects corruption.
SO, WHEN WILL VOTERS VOTERS GET IT!??
Jeffrey Lytle
McKinleyville – 5th District
Wow,
that came out funny off the key board???
Let’s try again,
SO, WHEN WILL VOTERS GET IT!?
JL
News is trickling out of today’s hearing. The court apparently agreed that Tyson can’t be held personally liable, at least in part, but the lawsuit still stands.
More as I get it.
What does the family dedication have to do with a persons fall from grace?
NOTHING…. look at all the recent headlines with similar personalities troubles.
I once had respect for DT, now all I see is a BIG HEADED EGOTISTICLE person.
The truth will set you free or hang your ass.
He may be “EGOTISTICLE” (sic), but everybody I know that knows him tell me that these charges are bogus to the max.
But facts mean nothing to the left.
But question, since Tyson has no real power of his own as the Council makes the decisions, why is there such hatred directed towards him by the left?
Well I’m not left and everybody I’ve talked to says the charges aren’t bogus to the max. Wonder if the wife is sitting in.
Tyson may be removed personally from liability, but if there is some truth to the claims, one hopes the city council would hold him accountable.
it’s not egotesticle, silly dyslexia, I see the funniest things sometimes
Heraldo knows charges were dropped, Judge said claim had no merit in lay mans terms total BS. High Finance you are spot on.
The court agreed that Tyson is covered by government immunity, according to sources, and can’t be held to answer for aiding and abetting.
The city is still on the hook.
The council sets the direction for the city manager.
Under the current and past regimes the majority of the
council members have followed whatever Mr. Tyson has
persuaded them to do. It isn’t that the so-called left
dislikes Mr. Tyson, they dislike the decisions he has
made. Look at how badly this city is managed. It’s
dirty. Money has been misspent. Money that should
have been spent on clean-up and the infrastructure.
The past police chief reported to him and little was
done for the protection of the people. Areas of the
town were intentionally blighted. Look at the
deals that have been made to a certain group of
“insiders”. I can back up everything I have written
with money and crime facts.
HERALDO, be honest, city is on hook for harassment with other parties not Tyson. Accept and move on.Get sources that were present.
“bogus to the max”?!?!???
Hahahahahahaha ha
ban the offender, better yet, reveal the isp and out HiFi for High Crimes and Valley Speak.
So what if Tyson can’t be held personally liable. I hope his bosses on the city council would hold him accountable should there be validity in any of the claims. It was his watch after all.
That’s true. The court did not consider Tyson’s alleged harassment as described in the complaint at this hearing.
And how much weight do you think the previously settled lawsuit will carry into this one, considering Wilson worked for the city when she was harassing Hansen
If I read right Tyson suit dropped other harassment still to be settled??
It’s still the same lawsuit, but Tyson won’t have to answer for it. The city does have to answer, however, and Tyson’s conduct is sure to be an on-going issue until the matter is resolved.
And Tyson will obviously have to testify or be deposed about his own behavior, right?
The real deal with Government Code Protections is tenuous. On one hand, since humans are imperfect, government COULD be bankrupted just by these types of situations. Also, a public employee (understanding this) CAN circumvent government code sections for alterior and deceitful protections instead of “protection for honest mistakes”.
I am just pointing out it works for and against the integrity of government code sections WHEN public officials DO or DON’T, WILL or WON’T want to follow ethical standards – hence another reason why Government Code Sections are written the way they are – to offer deceptive maneuvering in addition to “protections for honest mistakes”.
The Government Code Sections need a re-visit by The People!
Jeffrey Lytle
McKinleyville – 5th District
Tyson’s deposition will be taken because as the highest authority in the city he ordered the investigation (such as it was) into Hansen’s claims.
Tyson is still on the hook as City Manager not as a person. Which means the City is on the hook for whatever he did.
Gosh I wonder if they will get his cell phone records and texts and emails and all that.
Tyson may not be personally liable legally, but he is certainly professionally liable. The details of what he knew, when he knew, and what he did about it will come out in the trial. If he condoned or ignored the harassment that was occurring he should be fired for cause.
I agree with Plain Jane.
I also think, however, that I will wait to see what actually happens, before I assume he’s guilty.
So when’s the next chapter
Very shortly. There’s some shit going down.
Here’s an update.
Thad = Heraldo?
nah…couldnt be could it? lol. Are you outing yourself, H?
All is as it has been for years behind the redwood curtain. If they can cover it up, they will. What a way to do the public’s business.