DID ELIZONDO HAVE AYALA INFLATE HIS CAPTAIN'S EXAM?

By Juan Montoya
A firefighter who scored higher on a captain's promotion exam than Carlos Elizondo has charged in district court that through political pressure and influence, the fireighters' union president and Brownsville Independent School District trustee forced the city to improve his score above his.
In a lawsuit filed in the 444th District Court Oct. 16, Sacramaneto Deosdado is asking the court to issue a temporary injunction and a temporary restraining order preventing the city from from filling any captain vacancies until the merits of his lawsuit have been finalized.
He has asked the court to issue a writ of mandamus to force the city to perform its ministerial duties and hold a meeting to review and appeal the promotional examination.
Named in the lawsuit as defendants are the city, the City of Brownsville's Firefighters and Police Officers Civil Service Commission, and Elizondo. Elizondo is currently president of the International Association of Firefighters-Local 970. He is also a trustee of the BISD.
According to Diosdado, he was one of the firefighters who – along with Elizondo – took the captain's promotion exam April 23, 2015.
"Initially, Elizondo earned a score of 69 and plaintiff earned a score of 71. (a minimum grade of 70 is required by the civil service to pass.)
"However, on May 1, Carlos Ayala Jr., Civil Service Service Director..., issued his certification of the exam scores wherein (Elizondo) was incorrectly reported to have scored 71 points, two (2) points more than his actual score."
When Diosdado asked for a review and appealed the promotional examination, Ayala scheduled one for June 12.
The, on June 12, "those participating in the review and appeal were present  table showing the scores for each person who took the exam. The table showed that (Elizondo) earned 69 points.
"At the hearing (Elizondo) was given credit for one wrong answer. That adjustment should have brought (his) score from a 69 to a 70. However, on June 16, when (Ayala) issued his second certification of the exam scores, Elizondo was shown to have a score of 72, three points higher than his score shown on the table provided during the appeal hearing."
Diosdado charges in his lawsuit that based on information and belief, by way of his position as (union president) and BISD trustee, (Elizondo) pressured Mr. Ayala into reporting an incorrect and inflated score for (his) benefit."
Diosdado charges that within five days of Ayala's second certification, he again exercised his right to review and appeal the promotional examination" and as of the date the lawsuit was filed, Ayala and the city "have refused to perform their ministerial and nondiscretionary act and hold a meeting" to review and appeal the promotional examination.

He then goes on to ask the court fir a writ of mandamus and states that "There are 12 people on the (promotion ) eligibility list. The top 5 persons on the list have already been promoted. The next highest score is a 73. Plaintiff has the second highest score, 71. (Elizondo) should be the third highest score, but (Ayala's) second certification incorrectly lists him as having a score of 72, thereby jumping him instead of (me.). Therefore, the court should enter an order declaring that Ayala has a score of 70 and that (I) am second on on the eligibility list."
Unless the court moves on his petition, Diosdado say, it will cause him a "probable, imminent, and irreparable injury in the interim."
Diosdado says that Fire Chief Lenny Perez's departure and an anticipated retirement of another officer in the department will create two captain vacancies.
He claims that Ayala's incorrect second certification effectively places Elizondo over him in line for promotion.
He asks the court to stop the process, issue an injunction and that the court order all defendants within 50 days of service of the request, the information or material requested.