Robert Kando, the former executive director of the state Board of Elections, is asking a federal judge to reconsider the dismissal of a lawsuit that accuses the board of violating his rights by firing him last year. Kando filed a motion asking U.S. District Judge John J. McConnell Jr. to reverse his dismissal of a lawsuit that challenged Kando’s August firing from the $143,000-plus position he had held since 2005. Kando argued through his lawyer Richard Sinapi that McConnell misconstrued the law in ruling that Kando didn’t have a right to a “name clearing” hearing because he had been categorized as an unclassified employee, who served at the pleasure of the board as his appointing authority. He faulted the judge, too, for failing to view the facts in his favor, particularly as to his arguments that he had been denied proper notice and an opportunity to be heard.
McConnell issued the ruling after hearing arguments in April at the Roger Williams University School of Law. Adam J. Sholes and Kate C. Brody represented the state.
The attorney general’s office objects to Kando’s motion.
“The complainant had ample opportunity to put forth the arguments he is now making in the motion to reconsider before the court. Both parties presented arguments to the court, and the judge made a well-reasoned decision based on the law. We will oppose this new motion, which we believe to be legally and factually insufficient,” spokeswoman Amy Kempe said in a statement.
Full Article: Ex-elections chief Kando asks court to reinstate lawsuit.