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Posted on: Sunday, March 17, 2013
Precinct 1 Deputy claims she lost job because of political affiliations
Files lawsuit against Constable
   
 
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March 17, 2013

A Jefferson County woman has filed suit against the official she claims forced her out of her position because of her political preferences.

Rebecca Bowden claims she lost her job as deputy constable of Precinct I in Jefferson County after the newly-elected Precinct I Constable Nick Saleme was elected to office.
 
When elected, Saleme wanted to work with only those employees who agreed with his political policies, according to the complaint filed Feb. 28 in Jefferson County District Court. However, under Jefferson County rules, only the sheriff is able to operate the office in an at-will manner, the suit states.
 
Because Bowden had attended a Republican Christmas party in support of Charles Wiggins, the incumbent Precinct 1 constable, she faced the prospect of losing her job if Saleme was elected to office, the complaint claims.
 
Saleme was elected as constable of Precinct I in Jefferson County – an election result that Bowden claims terrified her because she believed that meant she would lose her job.
 
Before he was office, on Nov. 13, 2012, Saleme allegedly talked to Wiggins on the phone and revealed his plans for his future employees, according to the complaint.
 
“The people in your office have been there for a long time and I feel that they are politically loyal to you …,” Saleme allegedly told Wiggins on speakerphone. “I don’t want to have to be worried about being stabbed in the back or have anyone going to others telling them what I am doing and trying to make me look bad…So, they will be let go.”
 
Due to Saleme’s choice to fire employees, Bowden, who is a single parent, claims she was forced to make a decision by Dec. 17 as to whether she would retire and be able to continue receiving an income or whether she would lose her job.
 
“No good cause exists for the termination of the plaintiff or any of the people who employed in the Precinct I Constable’s Office,” the suit states.
 
“Nick’s motivation in terminating plaintiff and her fellow workers in Precinct I was substantially motivated by plaintiff’s exercise of protected speech and or association in attending the Republican Christmas/kick-off political party of Dec. 19, 2011, or working for the former Democratic then Republican candidate Charles Wiggins as Constable of Precinct I.”
 
In her complaint, Bowden is asking that Saleme be restrained from terminating employees for political issues or from depriving them of their protected interests.
 
She is also seeking a declaration that Saleme and Jefferson County violated her Constitutional rights and is seeking other relief the court deems just.
 
Larry Watts of Watts and Associates in Missouri City will be representing her.
 
The case has been assigned to Judge Gary Sanderson, 60th District Court.



Comments:

Constable Deputies like Sheriff Deputies have their contracts either renewed or not every four years. Incredible to think that only Constable Deputies in Jefferson County are not at will employees?
If you're going to openly back a horse........make sure that horse is the winning horse.
And if you're so concerned about loosing your job if you get politically active backing a candidate, why do it?
Why gamble with a job you desperately need?

Posted by theforce at 3/17/2013 5:03:12 PM

Unless the job is covered by civil service, when the elected official's term ends, so does his/her employees. The newly elected official is under no legal obligation to retain anyone and has the right to employ who they want. Politically supporting a candidate is a gamble.
Sometimes you win, sometimes you lose. This case will be dismissed by a summary judgment.

Posted by Nick Elodeon at 3/24/2013 3:02:31 AM

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