BPD officers seek court order to get promotion list certified

David Yates Jun. 4, 2008, 9:55am

A band of Beaumont's finest are asking that a Jefferson County Judge issue a writ of mandamus and enter an order mandating that the Beaumont Civil Service Commission certify a Beaumont Police Department Sergeant Eligibility List.

Officer Scott Lisenby and 16 other officers filed their petition against the city of Beaumont and the Civil Service Commission on June 2, claiming commissioners failed to act in compliance with the law when they refused to certify the sergeant eligibility list.

The case has been assigned to Judge Donald Floyd, 172nd Judicial District.

According to the officers' petition, on Jan. 22, Beaumont city council authorized the creation of a new sergeant's position within the police department. The police department held a promotional exam on April 24 to determine the candidates for promotion to the rank of sergeant.

"Plaintiffs each scored 70 percent or higher on the sergeant exam," the suit said.

"Defendant Commissioners refused to act in compliance with law when they refused to certify the Sergeant Promotion Eligibility List as required by section 143.036, Local Government Code. Certification of the names was not a discretionary action. It was required by law. Plaintiffs have no other remedy at law except to request this Court to order the Commission to comply with the law."

If Judge Floyd chooses to approve the officers' writ of mandamus, it would force the CSC to approve the eligibility list.

"Accordingly, Plaintiffs requests this Court issue a Writ of Mandamus mandating the Defendant Civil Service Commission take all necessary and affirmative steps to certify immediately the Beaumont Police Department Sergeant Eligibility List," the suit says.

The plaintiffs are also asking for attorneys' fees and general relief.

The plaintiffs are officers Lisenby, William D. Olivier, Robert L. Smith, Ronald C. Dischler, Trina Nobles, Howard Trahan, Sheila Barton, James Graham, Shawn K. Tolley, Darrin Childress, Charles Kibodeaux, Michael Custer, Shelton D. Wisby, Barry Scarborough, Bobby H. Anderson, Tomora Hamilton and Jeff Eastepp.

They are represented by Mitch Adams of the Combined Law Enforcement Association of Texas.

Case no. E181-846

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