Thursday, October 05, 2006

Don Quixote Rants about firing vs. Rescinding

I must apologize both to the City Of Vernon and Mr. Bill Baker for announcing his "termination"as an airport Director. Airport Director Terminated .

The veteran senior reporter Mr. Richard Rolke saw it this way " giving a volunteer his walking papers."Airport director grounded ,and "Council revealed Monday that it voted behind closed doors Sept. 18 to dismiss Bill Baker from the Vernon Airport Corporation board. " City fires director over comments

Mr. Baker himself used the phrase "to remove me from the board and that council voted, though not unanimously, to remove me."Bill Baker responds to Removal from Airport Board and indeed asked later in his comments to "I trust the mayor and council will reconsider their position on this matter and reinstate me to the board."

TODAY IN THE MINUTES OF SEPT 25 IN THE DECLASSIFIED MOTIONS IT STATES Agenda Package (Page 8)
"THAT Council rescinds the appointment of Mr. Bill Baker as a Director of the Vernon Airport Corporation "

This is where I get confused after using and seeing the words 'termination,remove, walking papers, grounded and fired' and then seeing the actual event described in the City's official motion as "rescinds the appointment"!
I looked up the legal defintion of the word RESCINDS at
Legal Dictionary and got the following definition:

rescind v. to cancel a contract, putting the parties back to the position as if the contract had not existed. Both parties rescind a contract by mutual agreement, since a unilateral cancellation of a contract is a "breach" of the contract and could result in a lawsuit by the non-cancelling party.

I am positive that Mr Baker did not mutually agree to this motion and this resolution by definition is invalid.

I remain more confused about what legally happened now then at the start of this rant.

1 comment:

Anonymous said...

Rescind
To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, for example if they reach a new agreement