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98. Although the August 18 Notice specifically stated that MORENO "ha[d] the right to <br /> 2 <br /> representation during this interview", on August 28,(i.e.,ten days later)City Manager Ridge:(1)claimed- <br /> 3 <br /> 4 directly contrary to both the Notice and longstanding CITY practice®that MO NC did not have the right <br /> 5 to representation during the interview; and (2)ordered MORENO to appear on one of three specific dates <br /> 6 which CITY knew were inconvenient for his counsel (resulting in MORENO's counsel being forced to <br /> 7 <br /> change travel plans) under threat of"discipline"against MORE NO. <br /> 8 <br /> 9 99. Also on this date,the"impartial"investigator improperly requested that MORENO "furnish <br /> 10 evidence of [his] medical unavailability", claiming - despite the fact that CITY essentially ignored <br /> 11 MORENO's complaint in August of 2020(i.e.,three years ago)and in May of 2023(i.e.,three months ago)- <br /> 12 <br /> that it was somehow MORENO's fault that"(t)his matter has dragged on. <br /> 13 <br /> 14 100. On October 26,2023,per Valentin's separation, CITY REpmoted Rodriguez(i.e.,one of the <br /> 15 subjects of MORENO's Complaint)to"Acting(Interim) Chief of Police". <br /> 16 101., Thus, contrary to the August 18, 2023 Notice, not only did CITY publicly release <br /> 17 <br /> 18 MORENO's allegations (i.e.,CITY did not"treat[the allegations] on a confidential basis")but CITY then <br /> 19 publicly confirmed the insignificance of same(i.e.,CITY did not take MORENO's claims "seriously") by <br /> 20 promoting the subject of same. <br /> 21 <br /> V. CITY Continued to Retaliate. <br /> 22 <br /> 23 102. On October 31, 2023,per CITY's past practice and established precedent, whenever there <br /> 24 has been an anticipated absence/or absence of a Deputy Chief in a particular Bureau for a prolonged period <br /> 25 of time, the senior commander of that Bureau has been made the Acting Deputy Chief. <br /> 26 103. Such appointment results in a 10%percent increase in salary until a permanent position is <br /> 27' <br /> 28 appointed(which could take approximately one year). <br /> MORENO V. CrrY OF SANTA ANA CASENO. <br /> COWeLAM <br />