Saying that City of Brownsville Assistant Municipal Judge Phil Bellamy had shown the court that harm was imminent to (him) if the court did not issue a temporary restraining order stopping his termination, 107th District Judge Ben Euresti issued a TRO Saturday stopping the city from removing him.
Euresti wrote in his order that "he would be irreparably injured by losing his job for which he has 17 years invested towards retirement."
Euresti issued the order ex-parte one day after City Manager Noel Bernal delivered the letter of non-appointment to the municipal judge.
Euresti issued the order ex-parte one day after City Manager Noel Bernal delivered the letter of non-appointment to the municipal judge.
Bellamy's attorneys immediately petitioned the court for the TRO Friday and named Bernal and the City of Brownsville as defendants.
Euresti said in his order that "An ex parte order, without notice to Defendants, is necessary because there was not enough time to give notice to Defendants, hold a hearing, and issue a restraining order before the irreparable injury, loss, or damage would occur, specifically, the potential loss of Phil Bellamy's employment as Associate Municipal Judge."
Therefore, by this order, the Court does the following;
"Restraints Defendants CITY OF BROWNSVILLE, and CITY MANAGER, NOEL BERNAL the Defendants' officers, agents, servants, employees, representatives, successors and assigns and attorneys from directly or indirectly taking any action to suspend, terminate, remove, reassign or interfere or attempting to suspend, terminate, remove, reassign or otherwise interfere with Plaintiff Phil Bellamy's employment as Associate Municipal Judge or take any other adverse employment actions against (him)."
Therefore, by this order, the Court does the following;
"Restraints Defendants CITY OF BROWNSVILLE, and CITY MANAGER, NOEL BERNAL the Defendants' officers, agents, servants, employees, representatives, successors and assigns and attorneys from directly or indirectly taking any action to suspend, terminate, remove, reassign or interfere or attempting to suspend, terminate, remove, reassign or otherwise interfere with Plaintiff Phil Bellamy's employment as Associate Municipal Judge or take any other adverse employment actions against (him)."
He scheduled a hearing on Bellamy's petition for a temporary injunction for 8:30 a.m. Monday, February 28.
In his original petition for a TRO and temporary injunction, Bellamy says that he was first appointed municipal judge on November 5, 2005 and that the law calls for a two-year term which cannot be changed. The law also calls, he asserted, that if the city does not take any action by the 91st day after his term was to expire, he continues to serve another term beginning on the date on which the term was set to expire.
The 91 days was February 1 and the letter of non-renewal issued by Bernal was dated February 17.
"Therefore, (Bellamy) was reappointed by operation of law to serve another term of office effective Nov. 2, 2021, to November 1, 2025," reads the petition. "Due to the May 1 election, (his) term of office now runs from Nov. 2, 2021 to Nov. 1, 2025."
In addition to the extension of his position by "operation of law," Bellamy is seeking exemplary damages and reasonable attorneys fees."
19 comments:
He's a puppet for the mayor and the city commissioners. The court should have addressed all of them.
From the local daily NOTHING ABOUT WHAT IS ABOUT TO TURN THIS WORLD UPSIDE DOWN IN EUROPE, and they sell awards to local businesses. A reflection of this community RATAS!
When the boss don't want you, you're toast.
Litigious Bellamy should move on.
I just want to see Tito wearing tight Charro costumes and sucking the Democrats asses. Viva Charro Days!
Bernal has overstayed his welcome. He is the one that needs to go and pronto. Amazing how ignorant he is. A “dime” telling a “dollar” how the cow ate the cabbage. Chingao!
That judge is overstepping his bounds. This is an employment issue. Every goddamned city employee losing his or her job could file a lawsuit?
Of course, a firing hurts the pocketbook, but it comes with the territory. You are hired to be fired. Bellamy knows that. He's just wanting to claw back.
Pobrecito. Pero, pues, ni modo, bro.
The City Manager Bernal, finally seeing the caption, YOUR NEXT!!!
To: Anonymous February 23, 2022 at 8:36 AM
Actually, it's the other way around. The cowardly commission are his puppets and let him get away with a lot of dastardly deeds, including what he did to Bobby Lerma and, now, Phil Bellamy.
He's a joke and cannot conduct business without spending thousands on consultants to tell him how to do his job.
Yes, he has out lived his welcome and, no, Phil isn't litigious. He's standing up within his rights. But, no one expects you to understand. You are the one that should "move on," loser! If you knew anything about government, you would realize that the Municipal Court is an independent branch of government. Bernal is not his "boss." He only gets to appoint Municipal Judges, not tell them how to run the court. If he was, Bernal would be using the court to fill the city's coffers, pendejo.
Dumbass city manager.
Bernal es puro mamon vavoso caga palo. He would never understand how much of a worthless pos he is until the City Commission kicks him to the curb.
No vale dick tracy Bernal ship his ass back to Hidalgo along with the other mamones.What does he do with so many asst. Managers on the payroll.Some of The city commissioners are worthless left overs.
Bernal, the administrator of the year... ha! If your colleagues only knew how unpopular, and what a disappointment your are for the employees of the City of Brownsville.
Nobody really likes the guy.
This fiasco is what happens when you delegate your duties to your many assistants, and then you bring your compadres to work for you, only to find out they are as incompetent as you are. Good for Phil Bellamy, for not letting them get away with this.
The City of Brownsvile: injuring a man, his retirement, his career, his family...What is wrong with the City of Brownsville?
Sombody needs to bring back common sense to the City. You do not treat employees like this. Follow the rules....and above else....work with honor and faith in this difficult time.
City of Brownsville needs to be brave, honest and fair.
Who are the leaders for Brownsville?
Administrator of the year? What a joke, this guy and all of his assistants park their personal cars on metered parking every single day taking much needed revenue from city coffers. To top it off, many directors are allowed to work from home but they get a hefty car allowance every month. What a Joke of a city manager.
Another fake award this time how much did the taxpayers paid for that fake award? 50k 100k? FIX THE POTHOLES, FLOODING, SIGNAL LIGHT, PUT SOME BUS SHELTERS DO SOMETHING FOR THE COMMUNITY. Fake award city, idiota needs to go, he already spent millions on consulting fees, and he gets a award?
UNBELIEVABLE!!!!!
The old saying, "You fuck up and you get rewarded" Administrator of the year, that's the joke of the year.
City Manager El Rata Bernal hires a female Talent Coordinator for $85,000 a year..but yet is taking away insurance and other benefits from employees..WTF
El Rata Bernal and His wife Felix El Culero Sauceda-Bernal Bernal puro mamones vavoso...
Post a Comment