Luby's e-mail earned him a stern reprimand describing him as "insubordinate" and bandying about the possibility of his termination. That threat came on the heels of another e-rebuking about possible termination, and was quickly followed by an anonymous complaint filed against him with the Ethics Commission. All of this activity, Luby and his attorney, David Waggoner, claim was a result of Luby filing the whistleblower complaint against Ethics in May. That claim stated that, despite Luby's repeated warnings that Ethics was overcharging a former city candidate for fees he had already paid, a judgement against the candidate including the overcharges had been sent along to the city's collections department. The District Attorney and Controller heeded Luby's complaint and remedied the problem.
Around a week after filing that claim, Luby received an official reprimand for using his office computer to e-mail the California Fair Political Practices Commission to offer his personal input on state campaign finance laws -- a matter in which he could conceivably be considered an expert. This identical charge was mirrored in the anonymous complaint filed shortly thereafter.
While the formal complaint against Luby has been dismissed, the reprimands he received from his bosses -- which, again, contain the identical charges as the dismissed complaint -- have not. He has filed a union grievance aiming to clear up those as well.
Ethics doesn't seem to have been in a hurry to inform Luby of his exoneration. Luby gathers that the complaint against him was dropped at Ethics' Oct. 19 meeting, but the letter he received is dated Oct. 30. It is postmarked Nov. 5. Luby received it on Saturday.