Prior to taking office on January 1, 2001, for the first time, then Constable-Elect for Precinct 6 of Dallas County, Mike Dupree, sent out letters to seven deputies advising them that their services would no longer be needed after he took office on January 1, 2001. The letters were all dated December 11, 2000. Outgoing Constable Aurelio Castillo was still in office until his term expired December 31, 2000.
The seven deputies are Sonia Avina, Marvin Baugus, Stanley Gaines, Jim Gilliand, Armando Gonzales, Connie Kirby, and Scott Cook. The letters made no mention that at least four of the deputies (Avina, Gaines, Gilliand, Gonzales) are veterans with up to 16 years experience and are under Dallas County Civil Service. The letters listed no charges and provided for no appeal under civil service procedures mandated by state law and Dallas County Commissioners policy.
Precinct 6 is a majority Hispanic precinct which covers West Oak Cliff, Grand Prairie, West Dallas, Love Field area, East Dallas and small parts of Pleasant Grove and South Dallas. Dupree is an Anglo.
On January 1, 2001, Avina, Baugus, Gaines, Gilliand, and Gonzales presented themselves for swearing in along with the rest of the deputies. Dupree refused them and had them leave the premises now without jobs. Gaines and Gonzales were nearing retirement. Gonzales was on workers compensation having been injured while subduing an individual in court. None of the deputies had been accused of any infraction. None had any disciplinary proceedings pending. There was no hearing. Dupree had never supervised or worked with any of them previously. He summarily dismissed them without cause.
(On January, 8, 2001, Gonzales underwent a back operation at Baylor Hospital-Dallas as a result of the injuries sustained while on duty.)
The firings were all done in violation of Civil Service procedures. There was no due process at all. It was a throwback to the spoils system Civil Service was supposed to have eliminated. Dupree apparently hopes to fill up the vacated positions with his friends, supporters, and campaign workers.
It would seem that Dupree would have honored the right to full civil service protection to deputies over whom he assumed control. Instead, he has chosen to fire them in an arbitrary manner. In the process, he is making a mockery of the County's policies designed to give due process under county, state, and federal policy.
Also, the County has not placed any of these deputies in other positions as has been previously done in virtually identical cases (e.g., the James Hatter
and Jimmy Dyess cases) involving other deputies. The right of these deputies to equal protection of the law has not been honored at all.
If this action succeds, it will set back efforts to professionalize law enforcement in Texas and go back to making Texas deputy constables political appointees. Thus, the job will depend upon whether the appointee was a friend, supporter or campaign worker for the newly elected constable. Experience and good record will count for nothing.
The Texas Attorney General, citing the legislative history of current civil service laws concerning
deputy constables, has said as much. Click here: Texas A G Opinion No. 97-016.
Contact Rick Wilson, Pres., Dallas Patrolman's Union, 1414 N. Washington,
Dallas, TX 75204; Phone 214-821-3479; Fax 214-826-9078.
E-MAIL rawdppu588@hot.com.
For more information on Civil Service and the
Spoils System: Click here: Civil Service, an Encarta Encyclopedia Article Titled "Civil Service."
Companion Pages
AT WILL TERMINATION OF DEPUTY CONSTABLES IN DALLAS COUNTY, TEXAS VERSUS THE CIVIL SERVICE PROTECTIONS INTENDED BY THE TEXAS LEGISLATURE
FURTHER LEGISLATIVE HISTORY OF SB 1006 WHICH SPECIFICALLY PLACED DEPUTY CONSTABLES UNDER CIVIL SERVICE
