Let Us Not Address The Problem, Let Us Blame Others For Our Lack Of Leadership And Accountability Sheriff
Shame on you Aransas County Texas Sheriff William "Bill" Mills, attempting to point the finger at a reporter for your shortcomings and lack of leadership. Pointing a finger because the reporter uncovered the disastrous history of your lead Narcotics Deputy, which has only reinforced your lack of leadership and decision making. A history of which only reinforces the ongoing concerns of the public that came close to costing you the election.
You had the opportunity to nip the issues with your hound dog deputy in the butt when he was caught red-handed calling a local business pretending he was someone else. Then that deputy went on to coerce the business to remove campaign signs.
You could have nipped the problem in the butt when this same deputy was caught having "inappropriate" relations with a married woman while he was on duty.
You could have nipped the problem in the butt when this same deputy campaigned for you while on duty and proceeded to harass and strong arm residents and their business to vote your way.
You could have nipped this problem in the butt when complaints began to come in about his behavior.
I have to ask you, Bill, is it normal for a Narcotics Deputy to have substantial quantities of narcotics thrown about across his duty desk? Wouldn't you think that would be an issue of concern? Is there any assurance you can give that all the narcotics were properly documented and put into the evidence locker, like every other law enforcement agency in the area?
I could testify to a grand jury today that I have personally witnessed this, as well as many other issues pertaining to your deputy watchdog, who you seem to want to protect.
You sit there and try to discredit the reports, but I can show numerous stories where I was right there promoting your busts with intricate knowledge and details of your operations. On the scene, during busts, during controlled buys, all can be testified by this "reporter". There were many reports that were in a positive light, as recently as when you arranged to give money for drug treatment last year.
We're talking several years of reports, and thats what you hate, and your deputy dog hates, that I know everything. Now that I find the proof, the smoking gun, you point fingers.
You are truly a sad excuse for a Sheriff. I've held my tongue long enough.
nstead of leading, you make excuses for the behavior and attack others. You slander and point out personal misgivings that have nothing to do with the primary concern, which is that your deputy has a history of lying and deceiving.
To think, I used to have so much respect for you, but little did I know that you were the problem. You and your Cheif Deputy are personally responsible for allowing this unreliable, and labeled deputy, to work in Aranas County. In short, your are the Godfather of Aransas County, in charge and a rag-tag consort of corrupt and dangerous borderline criminals.
Instead of taking things personally, why don't you do us all a favor and pull your head out of your ass and lead, instead of making excuses for your lack of leadership. Only you are to blame for this issue, and due to your lack of attention to detail now thousands of cases are in
Only you are to blame for this issue, and due to your lack of attention to detail now thousands of cases are in jeopardy. Only you are to blame for the issues, and passing the buck makes no more sense than allowing the issue to continue. You have shown your lack of leadership by allowing the continuation of bashing, name calling, finger pointing, and the entire time doing nothing to stop it. In fact, I believe you encourage it. As a matter of fact, it apparently runs in the family, since your own wife wrote a slanderous email to another local mayor trying to get a good person fired for voting against you. Just shameful.
Disturbingly enough, I have it on a good source that even Aransas County Attorney Kristen Barnebey has told you to cut your losses and move on, but what do you do, you live in your dream world. You are like one of the late 1890 horse and buggy drivers, putting the blinders on and praying your horse don't get spooked.
True, there is no love lost between me and Barnebey, but I definitely have to give her the respect for doing what was right in this case. At least she was smart enough to know that this issue is something larger than all of us, and do to your incompetence, you have personally jeopardized the Aransas County Judicial System.
Congrats Sheriff, you may be the one responsible or finally bringing that state investigation that has been needed for some time. Stop blaming others, I didn't when my cards were on the table and my ass was in the grinder, so grow a pair and prove to everyone your a leader, not a punk.
For you deputies who are the good ones, and you know who you are, sorry you're grouped in this. I truly am. There are some of you who have always been good guys. So sorry your getting grouped, but your leaders are out of touch, corrupt, and when the state steps in we will see who is laughing then.
As for the lambs who want to follow along and believe that this nothing more than a vendetta on behalf of this "reporter", I can assure it is not. I supported Mills and campaigned for him in 2012. I have always supported law enforcement and have nothing but the highest respect for them. It's this reason I am beside myself that this is allowed to continue. It's not just me, it's every law enforcement agency around that is witnessing the same stuff. Sooner or later something is gotta give.
Tread lightly my friends, I assure you I am not the only one watching.
Graphic Artist at Pardillion Enterprises
7 年Perhaps this will help reinforce John Morgan's position on the matter: Armando Chapa, Darrell Newman and Mario Dominguez v. City of Floresville--Appeal from 218th Judicial District Court of Wilson County MEMORANDUM OPINION No. 04-05-00120-CV Armando CHAPA, Darrell Newman, and Mario Dominguez, Appellants v. THE CITY OF FLORESVILLE, Appellee From the 218th Judicial District Court, Wilson County, Texas Trial Court No. 03-08-00360-CVW Honorable Donna S. Rayes, Judge Presiding Opinion by: Catherine Stone, Justice Sitting: Alma L. L pez, Chief Justice Catherine Stone, Justice Rebecca Simmons, Justice Delivered and Filed: November 9, 2005 AFFIRMED Armando Chapa, Darrell Newman, and Mario Dominguez, former police officers for the City of Floresville (the City), sued the City for breach of contract, tortious interference with a business relationship, and defamation. The City filed a plea to the jurisdiction asserting sovereign immunity from suit, which the trial court granted, dismissing appellants suit. On appeal, the appellants contend 1) the City waived its sovereign immunity from suit by accepting the appellants performance under an alleged employment contract; and 2) the trial court erred by granting the City s plea to the jurisdiction without allowing the appellants an opportunity to amend their pleading. We affirm the trial court s judgment. Background Chapa, Newman, and Dominguez were police officers assigned to the City s 81st Judicial Narcotics Task Force. In the spring of 2002, the Texas Department of Public Safety acquired supervisory authority over the Judicial Narcotics Task Force and required the appellants, along with all members of the task force, to re-apply for their positions. Chapa and Dominguez re-applied, but Newman did not. None of the appellants were re-hired by the City, and their employment was terminated. The appellants subsequently filed suit against the City for breach of contract, tortious interference with a business relationship, and defamation. Although the City had not expressly entered into an employment contract with the appellants, the appellants contended language in the City s employee policy manual created an employment contract: [a] regular employee may be dismissed for cause by the department supervisor with approval by the City Administrator. Similarly, the appellants relied on language in the City s police policy manual to argue the City designated them just cause employees and intended to limit its right to terminate police officers: [p]ersonnel of the Police Department...whose service has been ordered terminated for insufficient cause may appeal directly to the City Council. In response, the City filed an original answer, denying the appellant s allegations and affirmatively asserting its entitlement to sovereign immunity from suit. The City subsequently filed a plea to the jurisdiction arguing the appellants failed to assert that a valid written contract existed and/or that [the City s] sovereign immunity was waived by legislative consent. The City attached copies of the manuals as evidence to its plea to the jurisdiction. The City argued that the manuals contained no express language limiting the City s right to terminate its employees at will, and that the City s decision to require undercover police officers to re-apply for their positions was a discretionary act of the City guarded by sovereign immunity. The appellants did not amend their original petition. After a hearing, the trial court granted the City s plea to the jurisdiction and dismissed the appellants claims against the City for lack of subject matter jurisdiction. Standard of Review The purpose of a plea to the jurisdiction is to defeat a cause of action without regard to whether the claims asserted have merit. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). The plea challenges the trial court s authority to determine the subject matter of a pleaded cause of action. Id. Because subject matter jurisdiction is a question of law, we review a trial court s ruling on a plea to the jurisdiction under a de novo standard of review. Tex. Natural Res. Conservation Comm n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). In determining whether subject matter jurisdiction exists, we look to the allegations in the pleadings, accept them as true, and construe them in favor of the pleader. County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002). We consider the facts alleged in the petition, and to the extent it is relevant to the jurisdictional issue, any evidence submitted by the parties to the trial court. Tex. Natural Res. Conservation Comm n v. White, 46 S.W.3d 864, 868 (Tex. 2001). It is the plaintiff s burden to allege facts affirmatively demonstrating the trial court s jurisdiction. Tex. Ass n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). When a plaintiff fails to plead facts that establish jurisdiction, but the petition does not affirmatively demonstrate incurable defects in jurisdiction, the issue is one of pleading sufficiency and the plaintiff should be afforded the opportunity to amend. Brown, 80 S.W.3d at 555. On the other hand, if the pleadings affirmatively negate the existence of jurisdiction, then a plea to the jurisdiction may be granted without allowing the plaintiff an opportunity to amend. Id. Discussion The appellants concede their claims against the City for defamation and interference with business relationships are barred by sovereign immunity. They contend, however, that the City s policy manuals prove the existence of an employment contract, and that the City s conduct of accepting the appellants performance under the employment contract waived the City s immunity from suit. We disagree. Sovereign immunity, unless waived, protects the State from lawsuits for damages. Gen. Servs. Comm n v. Little-Tex Insulation Co., 39 S.W.3d 591, 594 (Tex. 2001). Sovereign immunity encompasses both immunity from suit and immunity from liability. Id. Immunity from suit bars a suit against the State unless the Legislature expressly gives consent to sue. Id. Immunity from suit thus defeats a trial court s subject matter jurisdiction. Tex. Dep t of Transp. v. Jones, 8 S.W.3d 636, 637-38 (Tex. 1999). When the State enters into a contract with a private entity, it gives up its immunity from liability; however, the act of contracting does not waive the State s immunity from suit. Catalina Dev., Inc. v. County of El Paso, 121 S.W.3d 704, 707 (Tex. 2003). Relying on a footnote in Federal Sign v. Texas Southern University, the appellants contend that the City waived immunity by its conduct of accepting the appellants performance under the contract. See 951 S.W.2d 401, 408 n.1 (Tex. 1997) ( There may be other circumstances where the State may waive its immunity by conduct other than simply executing a contract ), superceded by statute as stated in Little-Tex., 39 S.W.3d at 593. We disagree. Since Federal Sign, the Texas Supreme Court has declined to find any instances in which the State waived its immunity by its own conduct, and has reiterated that it is the Legislature s sole province to waive or abrogate sovereign immunity. IT-Davy, 74 S.W.3d at 857; see also id. ( Creating a waiver by conduct exception would force the State to expend its resources to litigate the waiver-by-conduct issue before enjoying sovereign immunity s protections-- and this would defeat many of the doctrine s underlying policies. ); Little-Tex, 39 S.W.3d at 597 (holding there is no waiver by conduct exception to sovereign immunity whereby a party can sue the State without first obtaining legislative consent under a statute). Further, the appellants argument fails because the evidence offered in this case affirmatively negates the existence of any employment contract with the City. Absent a specific agreement to the contrary, there is a presumption in Texas that employment is at-will. Montgomery County Hosp. Dist. v. Brown, 965 S.W.2d 501, 502 (Tex. 1998). An employee may rebut this presumption by proving the existence of an employment contract in which the employer has indicated a definite intent to be bound not to terminate the employment except under clearly specified circumstances. Id. at 503. In order to overcome the presumption of at-will employment, an employee manual must specifically and expressly limit the employer s right to terminate the employee. McAlister v. Medina Elec. Coop., Inc., 830 S.W.2d 659, 664 (Tex. App. San Antonio 1992, writ denied). It is not enough that the manual contains a list of censurable conduct; the manual s language must indicate that this list provides the exclusive grounds for termination. Id. In this case the City s employee policy manual does not alter the at-will employment relationship. The employee policy manual states that an employee may be dismissed for cause and contains a list of censurable conduct, but the preceding paragraph expressly states that the City s right to terminate employees is not limited: the employee shall be notified in writing regarding the cause for dismissal...though charges may be based on causes other than those enumerated. (Emphasis added). Further, the preceding page of the employee policy manual contains disclaimer language advising employees that employment is at will: All employees are at will, and as such, are free to resign at any time with or without reason. The City, likewise, retains the right to terminate employment at any time with or without reason or notice. Nothing contained in these guidelines is intended to be nor should be construed as a guarantee that employment will be continued for any period of time. The employee policy manual therefore did not limit the City s right to terminate employees, and we reject the appellants contention that the employee policy manual constituted an employment contract. Likewise, the City s police policy manual contains no express language specifically limiting the City s right to terminate police officers. The police manual provides that officers may be terminated for conviction of a felony, insubordination, commission of an offense that impairs service, repeated disciplinary actions, and unsuitability. However, there is no language confining the City s right to terminate police officers to the list of censurable conduct; this provision did not alter the at-will status of police officers. The appellants also contend that the grievance procedures contained in the policy manuals abrogate the employment at-will presumption. We again disagree. The grievance procedures merely provide the process by which employees may present claims through the administration, and as such do not alter its employee s at-will status. See Renken v. Harris County, 808 S.W.2d 222, 225 (Tex. App. Houston [14th Dist.] 1991, no writ) (stating that merely having grievance procedures does not alter an employee s at-will status; the employee manual must provide the exclusive means of firing). Because the appellants did not have a contract with the City, we hold that the trial court did not err in granting the City s plea to the jurisdiction. The appellants first issue is overruled. Because the appellants petition contained incurable defects, we also overrule the appellants second issue. Brown, 80 S.W.3d at 555. Conclusion Based on the foregoing discussion, we affirm the trial court s judgment. Catherine Stone, Justice
His official paperwork speaks on its own merit
nonya
8 年The ones who don't like this deputy are ones not wanting to get caught as he knows his job and is good at it
nonya
8 年Lol. Clean up thy own backyard before you start digging in others lives. I have lived as a law enforcement wife for 30 some years. EVERYONE had skeletons in n their closets and so do you so be careful in what you sow as you will have to reap it sooner or later. The deputy you are speaking of is a VERY decent famiy man. I believe people like you like to start problems. You are a business man messing with someone's career and lively hood. What type of trash can you bring up on yourself? Alot I bet. Sheriff Mills won the election. And your now looking for ways to slander someone because you are an unhappy man. Grow up!