ELIZONDO'S BID FOR BROWNSVILLE FIRE CHIEF D.O.A.

By Juan Montoya
He may have been elected secretary Tuesday by his colleagues on the board of trustees of the Brownsville Independent School District, but the chances of Carlos Elizondo making fire chief are "dead on arrival," according to a city insider.
"Don't hold your breath for Carlos to get chief," he said. "After the mess with the civil service examination grades, no one wants to get near it (selection).
The local daily reported that 39 people – including interim fire chief Joseph Horn and Elizondo – have applied to fill the position left vacant when 30-year veteran Fire Chief Lenny Perez left to fill a similar position in Pharr. The applications, according to the story, are still under review before the interviews are scheduled.
The source was referring to the controversy when a civil examination for fire department captain.
In a lawsuit filed in the 444th District Court Oct. 16, Sacramaneto Diosdado asked 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.
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.
Ayala has since resigned from the city, sources say.

Disodado 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..."
Sources tell us that lawyers for both men have since met and that the city agreed to lower Elizondo's score to 69, taking away two points to his original score.
Litigation is continuing.