1. [Medium Essay] Bill Thomas, a fire Captain, has been accused or reckless endangerment by the Springfield Fire Departments internal review board (IRB). Specifically, Thomas is accused in employing risky tactics that subsequently placed the lives of firefighters needlessly in danger. In a recent response to a call, several firefighters were injured following the orders of Thomas.

If found guilty of reckless endangerment, Thomas will be immediately dismissed from his position and will sacrifice all rights to his Springfield pension. The IRB can also recommend criminal charges, although, those charges must be filed by the Springfield District Attorney.

Prior to the hearing, Thomas requested access to witness testimony, expert evaluation, and any other information that the IRB utilized in their determination to bring charges. Thomas also requested that the IRB proceed as if they were seated as a criminal court. This includes advanced access to evidence.

The IRB denied the request of Thomas. They claimed that since ultimately the District Attorney and a jury is responsible for any criminal charges, they are under no obligation to provide Thomas with the requested information and that they sit as an informal panel.

Thomas subsequently hired a lawyer who initiated a lawsuit against the Springfield Fire IRB requesting formal hearings for Thomas. Including pre-hearing access to evidence and information and the ability to question and rebut witnesses.

Is Thomas likely to win his lawsuit? Or will the IRB prevail? Decide and explain.

2. [Medium Essay]The town charter of Johnsonvilleestablishes the position and office of Tax Collector and Assessor as follows:

"The Johnsonville Tax Collector and Assessor shall be nominated by the Mayor and approved by the Johnsonville City Council. The Tax Collector and Assessor shall be responsible for the collection and assessment of all Johnsonville tax burdens; including but not limited to property taxes, sales tax, excise tax, and all fees associated with town residency.

The Tax Collector and Assessor shall report quarterly to the Johnsonville Mayor the status of all collections. However, the Tax Collector and Assessor shall operate independently of both the City Council and Mayor.

The Tax Collector and Assessor may be removed from office by a super majority (2/3rds) vote of the Johnsonville City Council or by the Johnsonville Mayor in the event of dereliction of duty, incapacity, or gross negligence."

Tom Jones the Johnsonville Tax Collector and Assessor was recently fired from his position by mayor Pat Smith. In a dispute over the collection of property taxes, Jones on the advice of his three office employees and assistants, refused to serve eviction papers to an 82-year-old retiree who failed to pay property taxes for a period of three years, due to economic hardship. Mayor Smith requested on multiple occasions that the eviction be served on the grounds that it set an inappropriate precedent. Smith went so far as to personally visit Jones at his home to contest his decision and make his feelings known. The City Council took no position on the conflict.

At the most recent Johnsonville City Council meeting, upon a motion by Mayor Smith, the city council refused to pass a motion to remove Jones from office. Subsequently, Mayor Smith fired Jones on his own accord utilizing his authority authorized by the Johnsonville Charter.

Jones subsequently sued the city and mayor Smith to retain his position. Specifically, Jones argues that Smith had abused his authority by trying to influence his decision in the matter and that he was ultimately fired for failing to acquiesce to the will of the mayor. Jones points to the refusal of the Johnsonville City Council to remove him from his post as evidence that he committed no wrongdoing.

Is Jones likely to win his case? Why or Why not? Explain.