LaMarque seeks summary judgment in whistle-blower suit

John Suayan, Galveston Bureau Oct. 18, 2011, 7:24am

GALVESTON - Requesting that all claims listed against it in a whistle-blower lawsuit be dismissed, the city of La Marque has filed a motion for summary judgment.

Former employees Lydia Alcala-Garcia and Janet Solis are suing the city after it terminated them for filing a report in response to the alleged illegal activities of then-City Manager Eric Gage with the Galveston County District Attorney's Office, the original petition entered Sept. 13, 2010, before the Galveston County 56th District Court says.

Alcala-Garcia was the city clerk while Solis worked as the director of human resources and court administrator until June 14, 2010, according to the suit.

In a 53-page document submitted Sept. 26 before the same court, the city asserts Alcala-Garcia and Solis "failed to appeal their terminations pursuant to City Personnel Policy 9.08 and further failed to provide the city with any notice of their whistleblower claim" before filing suit.

The motion additionally alleges Alcala-Garcia and Solis provided "only secondhand hearsay and speculation" to support their claim that the La Marque City Council voted to terminated them based upon their report to the Galveston County District Attorney's Office.

It ultimately counters the complainants' allegations that the discussion and vote of their terminations was not fully disclosed to the public.

The city is represented by Olson & Olson.

Case No. 10-cv-3018

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