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The Police News - May 2013 Print Edition

 
 

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Ex-deputies suing sheriff, county over alleged politically motivated firings
   
 
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Jan 16, 2013

Six former McLennan County sheriff's deputies are suing the county and newly sworn-in Sheriff Parnell McNamara, saying they were fired because they publicly supported McNamara's primary election opponent, their attorney said Wednesday.
 
The deputies claim McNamara targeted them for termination in December because they campaigned for McNamara's Republican primary rival, former Chief Deputy Randy Plemons, last spring.
 
Dallas attorney Don Tittle said he filed the lawsuit electronically late Wednesday in federal court in Waco

 


Click here for the full article


Comments:

While their allegations may be true, unless they were covered under civil service the lawyer should have advised his clients that the sad fact of life is they were employees-at-will and their term as deputies ended when the old sheriff's term ended. The incoming sheriff is under no obligation to retain anyone from the old administration. The county will ask for a summary judgment and the court will dismiss the case.

Posted by Nick Elodeon at 1/18/2013 2:23:06 AM

Maybe so but if it appears that everyone was over 40, or of a certain protected class maybe not. In any event its not a good move to go out and needlessly create enemies.

Posted by topcat at 1/18/2013 11:03:50 AM

Not so fast - The supreme Court among others have held Courts have ruled that sheriffs in Texas have broad discretion in choosing employees and can fire them with or without cause, absent contractual limitations, as long as the decisions aren’t politically motivated.
Once the line has been crossed there is no summary judgment and therefore no dismissal.

Posted by Paula Welch at 1/19/2013 6:39:56 AM

Speaking of politics and elected officials, the federal government created something called the Hatch Act which was to protect employees of elected officials from being "required" to participate in politics. Violations of the Hatch Act are investigated by a federal organization called the Office of Special Counsel. Generally, law enforcement agencies in the United States fall under the Executive branch of government - except for Texas sheriffs. In Texas, sheriffs, per the Texas Constitution, fall under the Judicial branch of government, which unfortunately isn't subject to review of the Hatch Act.


Posted by Nick Elodeon at 1/22/2013 2:35:03 AM

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