Former Milpitas City Attorney Michael Ogaz plans to sue Milpitas for wrongful termination, saying his firing was retaliation for investigating complaints against the city manager.
Ogaz’s attorney, Adam J. Zapala, confirmed the filing of a California Tort Claim Tuesday—the first step in his multimillion-dollar suit against the city.
"Mr. Ogaz will be seeking a finding that he was unlawfully terminated, along with all compensatory and other damages that are available under the various legal theories we are pursuing," Zapala said. "But (it) will be based on back wages, future wages and any effects on his CalPERs retirement amounts arising from the termination.”
Ogaz was let go in July. The city council said the move was part of a cost-saving measure that included replacing the city's staff attorneys with an outside law firm. But Zapala called the timing of Ogaz’s termination too “coincidental” because it coincided with a probe into “potentially discriminatory and unethical conduct” by City Manager Tom Williams.
"As the pre-litigation filings allege, almost immediately Mr. Williams began enlisting the support of his allies on the City Council to head-off any serious investigation into his conduct,” Zapala said.
Mayor Jose Esteves would not comment on the impending suit, but said his vote for Ogaz’s termination was based solely on the city’s financial interest.
Read more about the legal claim here.
Image Credit: Flickr User walkn, https://flic.kr/p/63UDLR via (CC BY 2.0)