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U.S. Judge Reinstates Fired Director of L.A. Zoo

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Times Staff Writer

Fired Los Angeles Zoo Director Warren D. Thomas is scheduled to be back on the job today after a federal court judge on Monday ordered his immediate reinstatement, over the objections of deputy city attorneys who argued that the decision should be left to a city board.

Thomas, his eyes slightly teary, heard U.S. District Judge William J. Rea issue a preliminary injunction returning him to the $73,000-a-year post, pending a trial on his lawsuit against the city to overturn his firing.

Surrounded by khaki-uniformed zoo volunteers who applauded and cheered the judge’s decision, Thomas said he would arrive at the Griffith Park facility today at his usual time--a few minutes after 7 a.m.--to “figure out what’s been going on the past six months and try to pick up the loose ends.”

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Thomas, a 55-year-old veterinarian, was fired last June by city Department of Parks and Recreation General Manager James E. Hadaway for alleged mismanagement. His attorneys filed suit, asking for reinstatement, back pay and unspecified damages.

In July, they won a partial victory when Rea ordered the Parks and Recreation Board of Commissioners to impanel a citizens’ tribunal to hold “a full and fair hearing” on the charges against Thomas, who had served in the post for 12 years.

The tribunal, after two weeks of hearings, announced last month that Thomas should not have been fired and recommended to the commissioners that he be returned to his job and serve a 20-day suspension without pay. A few days later, the commissioners voted to put off reinstating Thomas until they could rule on the merits of the case.

Thomas’ lawyers went back to Rea asking for immediate action--and got it.

In his decision Monday, Rea referred to the finding by the citizens’ panel that there was “no just cause” for Thomas’ dismissal and said there is a probability that the zoo director’s suit would ultimately succeed.

Rea also cited the “possibility of irreparable harm to Dr. Thomas, his career and his reputation” if he was not immediately reinstated.

“The zoo would appear to be without proper leadership and direction,” the judge added. “The public interest . . . is best served by having Dr. Thomas reinstated at this time.”

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Deputy City Atty. Arthur Walsh immediately asked Rea for a 60-day stay to give the city time to appeal his decision to the U.S. 9th Circuit Court of Appeals. Rea denied that, as well as Walsh’s request, made a minute or two later, for a 10-day stay.

Filing an Appeal

After the hearing, Deputy City Atty. David Hotchkiss, who represented the city along with Walsh, said he hopes to have the city’s appeal filed by the end of the week.

Throughout the long, tangled legal battle before Rea, the tribunal and the board of commissioners, Walsh and Hotchkiss have argued that as an exempt non-Civil Service employee, Thomas served at the pleasure of his department head, Hadaway, and could be fired without a full hearing.

Thomas’ attorneys--Gloria Allred and Nathan Goldberg--countered that their client, because of longevity in the job and because of past promises by department officials of a full hearing before dismissal, had a right to such a hearing.

The underlying question of the status of exempt employees is considered an important one by City Hall officials. Although Mayor Tom Bradley has made no comment on the Thomas case, Hadaway last month confirmed that he had informed Bradley of his decision to fire Thomas before he did so. Hadaway also said that Bradley was aware of the city attorney’s decision to press their opposition to Thomas’ reinstatement.

Disappointed With Decision

At the time of the tribunal’s findings, Hadaway said he was disappointed but still thought Thomas should be fired, since the tribunal had agreed that Thomas had appropriated for his personal use antihistamines and film purchased by the city.

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“If people steal in this department, we fire them,” Hadaway told reporters last month.

Thomas, speaking to the press after Rea’s decision Monday, said he assumed “Mr. Hadaway and I will put the past behind us and consider the best interests of the zoo.”

Department spokesman Al Goldfarb said Hadaway had no further comment on the matter, but expected Thomas “to be in there (the zoo) Tuesday and resuming his job.”

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