PALMDALE – J.J. Murphy is an embattled City Manager and has filed a lawsuit against the City of Palmdale. The claim states that Murphy was subject to hostile work environments in retaliation to Mayor Steve Hofbauer’s unlawful activities.
The claim, which is a precursor to a possible lawsuit, was filed on February 6, the day before Council met in a special closed-session meeting to discuss Murphy’s continued employment. This discussion was extended to Wednesday.
Murphy was named in a lawsuit as well as two claims against the city alleging discrimination, retaliatory actions and discrimination.
The claims of Patricia Nevarez, Human Resources Manager, and City Clerk Shanae Smith are similar to those made by Maithi (Marie) Ricci, former assistant city manager in Los Angeles County Superior Court. Her lawsuit against Murphy, the City of Palmdale, and other unnamed individuals alleges that she was fired as a result of whistleblowing regarding allegedly improper actions taken by Murphy.
According to a copy obtained by the Associated Press, Murphy claims that there was a pattern of harassment and retaliation, primarily by Hofbauer, over a period of more than a decade. Antelope Valley PressThe Shenkman and Hughes law office.
According to the statement, the purpose of the retaliation against him was to force him into resignation.
The efforts culminated, allegedly, on Dec. 15, in what is being called a “swatting” incident in which Los Angeles County Sheriffs deputies were summoned at City Hall to investigate a false report that Murphy, an armed and dangerous, was being fired that night. According to the claim, three patrol cars and an aircraft were sent by the Sheriffs Department.
Interview with the Valley PressMurphy stated that three deputies stood for more than two hours outside his office during Friday’s incident.
According to the claim, Mr. Murphy was justifiedly afraid for his life as similar swatting incidents have caused injuries and even death.
He was placed on paid administrative leaves the next day, and he is still there.
The claim cites allegations that Murphy allegedly retaliated against Hofbauer for not helping him to receive desired campaign contributions from Palmdale Auto Mall businesses.
Hofbauer is also accused of having distributed a video of Murphy in which he claimed to have shown him receiving oral sex. This action is against the state’s revenge porn law.
Murphy acknowledged that Valley PressThe video was not in question, but it was confirmed that it contained no inappropriate content, no sexual activity, and nothing else.
Other allegations in the claim state that Hofbauer was retaliated to Murphy refusing to grant a request from Murphy to develop a project. Murphy was also denied security upgrades at a storage facility Hofbauer used to park his RV. Murphy also supported a proclamation acknowledging Arab American Heritage Month. Hofbauer did NOT support this proclamation.
The claim also claims that the mayor and another Council member tried repeatedly to fire an employee because he was a Democrat. Speaking with the Valley PressMurphy identified Richard Loa as the Council member last week.
A city spokesperson responded via email to questions about Murphy’s claim. He said that the City of Palmdale has been notified. The City cannot comment on possible litigation.
Kevin Shenkman is representing Murphy in this matter. Shenkman successfully sued Palmdale in 2012 over claims that its at-large Council elections system violated the state Voting Rights act. The City of Palmdale vigorously contested the case, which led to the current geographic district format for City Council.
Shenkman stated Wednesday that there was no response from the city to the claim. This seems to be standard for Palmdale. However, the city has up 45 days to respond.
He said that the city does not respond to his request as in his previous legal matter. This ends up costing him a lot more than he expected.
Shenkman stated that this is not the first legal correspondence regarding the matter. His firm sent a letter to city officials last year, informing them about Murphy’s legal representation. It also included a brief description and details of Murphys claims in the hopes of reaching a solution.
He stated that there has not been much of a meaningful exchange so far.