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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Termination and Freedom of Information Act

    My question involves labor and employment law for the state of: Texas

    I will try to be quick and to the point. Prior to my dismissal from my civil service job, I served 15 month on active duty, twelve in Iraq. I was only back at work for one year and four months when I was released; I was employed with the county for a total of twelve years.

    The following events revolve around a series of emails with the Assistant Human Resources Director and me between the days of May 21 to May 23, 2008. On May 21, I sent an email to the Civil Service Coordinator concerning a new position in my department given to one of our employees. My question was why an exempt position in my office was not made available to the public as stated in our Civil Service Rules. The Civil Service Coordinator was out of the office so I forwarded my question to her secretary, who then forwarded my question to the Director of Human Resources and her assistant. The Assistant Human Resources Director is the person who continued to converse with me via email for the next two days.

    On the morning of May 22, the Assistant Human Resources Director sent me an email for more detailed information concerning the position that I had questioned. I gave her all of the required information. There was no further contact from the Assistant Human Resources Director that day; however, at around 4:00 pm my supervisor called me to the conference room. In attendance was his supervisor. The meeting was to inform me that my position was being terminated due to lack of funding; my last day would be July 31, 2008. A memorandum was issued to me initialed by our department director. The two stated that they were deeply troubled at my misfortune.

    The next morning May 23, I received an email from the Assistant Human Resources Director; I informed her that my position was terminated the day before because of lack of funds? I asked the Assistant Human Resources Director how an additional position could be added if our office was short of funds. I thanked her for her time and patience in assisting me with my questions.

    My final email to the Assistant Human Resources Director was to thank her again for all of her help. I stated to her that I would file a formal complaint, with the appropriate county committee. Also, I stated that I found it very ironic that the individual hired to temporarily replace me during my year long tour in Iraq, received a promotion, substantial wage increase and I was relieved after twelve years of service to the county.

    I spoke to the Director of Human Resources and an investigation began on behalf of my complaint. In September 2008, I received a certified letter stating that no county rules were broken. On December 31, I requested from the Director of Human Services for an opportunity to review the report in the county offices. I did not receive a response and on January 09, 2009, I sent another email again to view the report, so far there has been no contact. The county rules state that these types of reports are to be available for up to three years. I called the Judge Advocate General in Austin, TX and the Employer Support of the Guard and Reserve (ESGR) for help and they both said that they could not be of assistance.

    Can I file a form through the Freedom of Information Act to view the report for myself? How long will I have to wait? In May I will begin training for my second tour and I will leave in July for Iraq, I would like to put this issue to rest before I leave. I had considered hiring a lawyer, however two months later my wife was laid off and is currently looking for work. I spent all of the vacation pay that I received to pay bills. After my wife was laid off, I pulled out all of my savings, which I was charged a substantial amount from the state of Texas and I still have to pay the government. Fortunately, I found employment with the Texas Army National Guard until March 2009. Any kind of assistance would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Termination and Freedom of Information Act

    "I will try to be quick and to the point" - Try harder?

    What report are you asking about?

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Termination and Freedom of Information Act

    The report that I am speaking of is from our county Conduct Review Commission. They investigate any grievances by county employees, they ensure that all county policies are followed according to Civil Service Rules. A report was finalized on my complaint that I would like to verify for my self. I have emailed the Director of Human Services twice to see what the report contains and I still have not had a response. Does this help?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Termination and Freedom of Information Act

    There's a thorough guide to Texas FOIA law here. There are dozens of possible exceptions.

    You can get help creating a FOIA letter here. I suggest trying out a FOIA letter and, if they don't give you a copy of the requested materials, at least you should find out what exception they're claiming.

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