Earlier this week, a Los Angeles Superior Court Judge dismissed the case of a West Covina city employee against former city Councilman Roger Hernandez, saying that the case was without merit.

West Covina Public Information Officer Sue Williams filed the California employment lawsuit against Hernandez after a 2008 speech during which he publicly questioned whether Williams' job should be eliminated in the interest of the city budget. In the months following that speech, Williams alleged in her suit, Hernandez create a hostile work environment for Williams by discriminating against her as well as harassing and publicly defaming her.

In dismissing the case, Judge Ramona See found that Hernandez's position as councilman gave him the right to publicly discuss city business, including Williams' employment and how it related to the city's budget. Therefore, Judge See said, the case against Hernandez was without merit. Williams was also ordered to pay Hernandez over $3,000 in legal fees.

According to Hernandez's attorneys, there was no solid evidence that he harassed Williams or otherwise created a hostile work environment. Hernandez resigned from his position as West Covina councilman in November of last year, when he was elected to the California State Assembly.

Judge See did not dismiss another portion of Williams' lawsuit in which she sues the city of West Covina, claiming that city officials refused to accommodate the medical issues and treatment needs that resulted from the ongoing stress caused by Hernandez's alleged abuse. It is unclear whether and when that portion of the case will proceed, although there is another hearing scheduled for April.

Source: San Gabriel Valley Tribune, "Judge throws out suit by employee against former West Covina city councilman", Bethania Palma and Ben Baeder, 3 March 2011