A state appellate court has upheld a whistleblower retaliation verdict that awarded $5 million to a former San Francisco deputy city attorney.

In an unpublished opinion, California's First District Court of Appeal said Thursday that evidence "amply supports" a jury's finding in 2017 that City Attorney Dennis Herrera sidelined and then fired senior trial attorney Joanne Hoeper for investigating payments made by the city to replace private sewer systems, a practice she alleged was tied to a kickback scheme.

"The city's brief eloquently argues its view that its evidence on these points was stronger or more credible than Hoeper's, just as it did in arguing this case to the jury," Justice Peter Siggins wrote for a unanimous three-justice panel. "But the jurors rejected those arguments and found the evidence supported Hoeper's claims. … The verdict stands."

The court also declined to reduce the $2.6 million in damages awarded to Hoeper for lost earnings and emotional distress. Additionally, the justices upheld the $2.4 million award for attorney fees.

"This case presents no grounds to disturb the award," Siggins wrote. "The loss of Hoeper's position effectively put an end to her 30-year legal career and 20 years at the" city attorney's office.

"I lost the career I loved protecting the city I love," Hoeper said in a statement distributed by her attorneys at Cannata, O'Toole, Fickes & Olson. "I hope this long-delayed victory encourages other public employees to do the right thing, be true to their oath and report wrongdoing. I hope it sends a strong signal to the city attorney and to other elected officials that, at least in California, firing whistleblowers is illegal and there will be consequences."

Herrera spokesman John Coté said in an email that the the case "was never about corruption, and no court has found or suggested any city corruption in connection with Ms. Hoeper's claims. We believe in the jury system, but no system is perfect. Sometimes juries get it wrong, and that's what happened here. Winning an appeal in an employment case like this is challenging."

Coté said the office is considering its next steps.

The city attorney was represented by deputy city attorneys Jeremy Goldman and Kenneth Walczak and Keker, Van Nest & Peters founding partner John Keker and partner Susan Harriman.

Hoeper alleged that city employees improperly paid plumbing companies $19 million to replace private sewer systems even though they knew there was no legitimate reason for the city to pay for the work.

Hoeper said she launched an investigation into the payments with Herrera's knowledge in 2011 and reported her findings to Herrera in July 2012. The next day, Hoeper alleges the city attorney transferred her to the San Francisco District Attorney's Office. Hoeper says she was fired in November 2013, following Herrera's reelection to a third term, and her last day was Jan. 7.

Herrera said in his response to Hoeper's initial retaliation claim that he had long been dissatisfied with Hoeper's work and had been looking to replace her "long before" she reported her investigation's findings. Herrera called Hoeper's whistleblower retaliation claim "meritless."

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