Lawsuit alleges City of Eagle Pass Fire Fighters and Police Officers Civil Service Commission and its Director violated Civil Service Act Legal Rights

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016

Three Eagle Pass Police Officers, Hector Rodriguez, Janie M. Flores, and Jose M. Palacios, filed a lawsuit in the 293rd Judicial District Court in Maverick County, Texas against the City of Eagle Pass Fire Fighters and Police Officers Civil Service Commission and its Director Isabel Perez for allegedly violating their Civil Service Act legal rights by disqualifying them from taking a Corporal and Sergeant Promotional Exams by adding additional requirements not provided by the Civil Service Act.

The City of Eagle Pass, Texas registered voters overwhelmingly approved that the City’s Fire Fighters and Police Officers be allowed to participate and be governed by the State of Texas Civil Service Act at a special election held on May 9, 2015 with 1,710 votes in favor and only 425 votes against. Subsequently, the City of Eagle Pass City Council approved the establishment of the City’s Fire Fighters and Police Officers Civil Service Commission on July 7, 2015 at a City Council meeting. The purpose of the Civil Service Act is to “secure efficient fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants.”

The Eagle Pass City Council appointed three Civil Service Commissioners, including Andres Beattie, Alfredo Coronado, and Ana Bermea. Bermea was subsequently replaced by Enrique Montalvo. The City’s Civil Service Commission appointed City of Eagle Pass Human Resources Director Isabel Perez as the new Director of the City’s Civil Service Commission.

The lawsuit alleges that Plaintiffs, Hector Rodriguez, Janie M. Flores, and Jose M. Palacios are Eagle Pass Police Officers and they applied to take a promotional exam for Corporal and/or Sergeant. Plaintiffs further allege that the City of Eagle Pass is required to develop a promotional system and procedures under the Civil Service Act. Plaintiffs add that the Civil Service Act requires that “each promotional examination is open to each police officer who for at least two years immediately before the examination date has continuously held a position in the classification that is immediately below, in salary, the classification for which the examination is to be held.”

On February 18, 2016, City Civil Service Commission Director Isabel Perez posted notice that a Police Corporal Promotional Exam and a Police Sergeant Promotional Exam would be held on March 31st and 29th respectively, provided applicants applied by March 21st.

Plaintiff, Hector Rodriguez, a seven year veteran Eagle Pass Police Officer, timely applied to take both the Corporal and Sergeant Promotional Exams. The lawsuit alleges that Rodriguez received written notification from Civil Service Director Isabel Perez stating “you do not meet the full requirements of the Corporal position of having four years as a police officer and a TCOLE Intermediate Certificate; therefore, you are not eligible to test. You do not meet the full requirements of the Sergeant position of having two years as a Corporal (6 years as a police officer) and a TCOLE Advance Certificate; therefore you are not eligible to test.”

Similarly, Plaintiffs Jose M. Palacios, a four year veteran with the Eagle Pass Police Department, and Janie M. Flores, a three year veteran with the Eagle Pass Police Department, applied to take the Corporal promotional examination, but were advised by Civil Service Commission Director Isabel Perez that they did “not meet the full requirements of the Corporal position of having four years as a police officer and a TCOLE Intermediate Certificate” and thus ineligible to test.

The lawsuit alleges that the City of Eagle Pass Civil Service Commission and its Director Isabel Perez imposed additional requirements to be eligible to test for the rank of Corporal and/or Sergeant, namely adding additional years of service in the next lower classification for Plaintiffs and a TCOLE Intermediate Certificate contrary to the Texas Civil Service Act, violating Plaintiffs’ legal rights.

The suit adds that the City’s Civil Service Commission and its Director Isabel Perez “imposed additional burdens, conditions, or restrictions in excess of or inconsistent with relevant statutory provisions.”

Plaintiffs, Hector Rodriguez, Janie M. Flores and Jose M. Palacios, seek a declaratory judgment under the Texas Declaratory Judgment Act declaring they are eligible to take the Corporal and/or Sergeant Promotional Exams and that the City’s Civil Service Commission and its Director Isabel Perez wrongfully imposed additional requirements inconsistent with the Texas Civil Service Act.

Plaintiffs also requested a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction against the City of Eagle Pass Civil Service Commission and its Director Isabel Perez from violating the Texas Civil Service Act by imposing additional burdens, conditions, or restrictions in excess of or inconsistent with the Texas Civil Service Act.

Plaintiffs also seek a Writ of Mandamus against the City of Eagle Pass Civil Service Commission and its Director Isabel Perez mandating that Defendants recognize the Texas Civil Service Act on the eligibility requirements under the Civil Service Act and to only adopt such rules authorized by and consistent with the Civil Service Act. In other words, not to add new requirements to take the Corporal and/or Sergeant Promotional Exams not required by state law.

District Judge Cynthia Muniz granted Plaintiffs a Temporary Restraining Order against Defendants on March 29, 2016 and set the case for a Temporary Injunction hearing on March 30, 2016. At the March 30, 2016 Court hearing, the City of Eagle Pass Civil Service Commission and its Director Isabel Perez agreed with Plaintiffs to have the Court issue a Temporary Injunction and set the case for final hearing on May 9, 2016. Judge Muniz’s Temporary Injunction enjoined the City of Eagle Pass Civil Service Commission from giving the Corporal Promotional Exam scheduled for March 31st, but did not enjoin the Sergeant Promotional Exam given on March 29th as it had already been given prior to the Court Order. Two Eagle Pass Police Officers did take and pass the Sergeant Promotional Exam other than Plaintiff Hector Rodriguez, which was denied taking the exam due to the additional requirements imposed by the City’s Civil Service Commission.

Plaintiffs are represented by Attorney Morris E. Munoz of San Antonio, Texas while Defendants are represented by City Attorney Langley & Banack of Eagle Pass, Texas.

Eagle Pass Police Officers Association President Raul Gonzalez, Jr. stated that his members look forward to Judge Muniz’s decision regarding their request for a Permanent Injunction, Declaratory Judgement, and Writ of Mandamus in May of 2016. Gonzalez noted that the lawsuit would not have been filed had the City of Eagle Pass Civil Service Commission and its Director Isabel Perez followed the Texas Civil Service Act and not added unlawful new requirements to become eligible to take the City’s Police Officers Corporal and Sergeant Promotional Exams. The City of Eagle Pass Civil Service Commission and its Director Isabel Perez just need to follow state law and stop violating state law by adding unlawful requirements, said Raul Gonzalez, Jr.