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Former Freeport fire chief sues city
Published November 18, 2009
FREEPORT — The former Freeport fire and EMS chief has sued the city and the city manager, claiming
officials fired him for reporting an alleged violation of the Texas Open Meetings Act.
John Stanford was fired in October. In a news release issued concerning Stanford’s firing, City Manager Jeff Pynes said employees “will not be permitted to be unprofessional, untruthful and involved in subversive order of municipal government.”
In the suit, filed Monday in Brazoria County District Court, Stanford claims he was wrongfully terminated. The suit also alleges Pynes “with actual malice” defamed Stanford by what he said in the news release printed in The Facts.
“There were accusations made about me that I felt were untrue,” Stanford said. “I want my day in court to prove it.”
Pynes and Freeport Mayor Larry McDonald declined to comment about the lawsuit Tuesday. City Attorney Wallace Shaw could not be reached for comment.
The lawsuit does not specify how much Stanford is seeking.
“We never specify damages,” his attorney Gregg Rosenberg said.
Stanford also has filed an age discrimination claim against the city with the Equal Employment Opportunity Commission.
Stanford believes he was fired in retaliation for writing a letter to City Council on Sept. 30 claiming it did not properly state on the agenda that it was discussing the possible creation of a Director of Public Safety position, according to a copy of the suit.
That is a violation of state law, he said.
Stanford had been chief for 12 years and had been a member of the Freeport Fire Department for more than 30 years. Stanford was fired Oct. 2, and the suit claims he was fired because of his letter to the City Council.
That is a violation of the Texas Whistleblower’s Act, Rosenberg said.
“Here is a guy who dedicated his life professionally to this city, trying to exercise his rights,” Rosenberg said.
Rosenberg said his client has a case under the Whistleblower’s Act because he was fired after reporting what he thought was a violation of the law.
He only has to show a jury that Stanford reported an Open Meetings violation in good faith and not that the meeting was indeed a violation, he said.
Brazoria County District Attorney Jeri Yenne declined to comment on the lawsuit.
She has said there is no criminal investigation into whether the city violated the law.
She did, however, issue a letter to the city and Pynes in October, stating they had been playing loosely with Texas’ open meeting laws.
“The truth of the matter is that politics has gotten very heated in Freeport, and they need to be reminded of the Open Meetings Act,” Yenne said at the time.
John Tompkins covers Brazoria County courts for The Facts. Contact him at 979-849-8581.
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