Former Odessa Assistant City Manager Aaron Smith has filed a lawsuit against the City of Odessa claiming he was fired last month because he reported illegal conduct had been carried out by Mayor Javier Joven, council members and city employees.
According to the lawsuit filed Thursday in Ector County District Court, Smith contacted the Texas Attorney General’s Office, and the Ector County District Attorney’s Office in January and asked for an investigation to be launched into the council’s decision to fire City Manager Michael Marrero and City Attorney Natasha Brooks on Dec. 13 without public discussion, which he believed was a violation of the Texas Open Meetings Act, the lawsuit stated.
Smith also questioned Joven’s “unilateral” decision to sign a contract with T2 Professional Consulting Services without going out to bid, seeking the council’s approval or seeking the public’s input.
“Plaintiff Aaron Smith, as part of his job, was asked to help facilitate activities with T-2 Professional Consulting Services despite his concerns that T2 was illegally hired,” the lawsuit stated. “Placed in such a precarious position, Smith felt it was his duty to contact law enforcement to report said illegal activity by the City of Odessa and its elected representatives.”
Odessa City Attorney Dan Jones said Friday afternoon the city has not yet been served the lawsuit, but in any event it does not comment on pending litigation.
The lawsuit, which was filed on Smith’s behalf by former Ector County District Attorney Bobby Bland, stated Smith was ultimately directed by the AG’s Office to contact the Texas Rangers, which he did.
On a separate matter, Smith met with Jackie Perez from the city’s equipment services division on Feb. 16. Perez informed him a fellow employee was “habitually GPS tracking a female Odessa Police Department officer” and those actions were making other city employees uncomfortable, the lawsuit stated.
Smith and Perez reported the employee’s behavior to OPD Assistant Chief Matt Davidson to ensure the safety of the officer, the lawsuit stated.
According to the lawsuit, Smith also informed Interim City Manager Agapito Bernal of the situation and Bernal informed Smith he’d had an earlier conversation with the offending employee regarding similar behavior. Smith then told Davidson about that conversation.
On Feb. 21, Smith received OPD’s police report and he forwarded it to Bernal, Davidson, Interim City Attorney Dan Jones and Human Resources Director Charles Hurst, the lawsuit stated.
Smith informed Hurst and Bernal that although OPD had determined the tracking wasn’t a crime, he was concerned and Hurst indicated he’d continue to investigate the employee. The employee was later fired.
According to records obtained by the Odessa American through the Texas Public Information Act, Hurst fired Leonel Ibarra, a garage supervisor for illegal harassment on March 1.
“Given the nature of your misconduct, corrective disciplinary action is inappropriate in this matter,” Hurst informed Ibarra in his termination notice.
On Feb. 27, Ector County District Attorney Dusty Gallivan asked the Rangers to investigate Smith’s complaints. That same day, Smith was summoned to Hurst’s office about the GPS tracking case, according to the lawsuit.
“Hurst began interrogating Smith because he reported the potentially criminal matter to the Odessa Police Department. Smith also told him he reported it to his direct supervisor, Interim City Manager Agapito Bernal. Smith felt that Hurst was threatening and targeting him on behalf of the City of Odessa and its leaders due to his prior good faith criminal complaints,” the lawsuit stated.
Smith informed Hurst of his complaints to the Rangers regarding the firings of Brooks and Marrero and the signing of the T2 contract, the lawsuit stated. Smith then said he was uncomfortable going forward with the interview without his attorney.
A meeting with Jones, Hurst, Smith, Bernal, Smith’s attorney and outside counsel Tommy Sheen was scheduled for March 3, but abruptly cancelled March 1, the lawsuit stated.
Smith was fired on March 2 for “interfering in a very serious investigation and other related activities,” the lawsuit stated.
According to the lawsuit, Joven told the Odessa American on March 7 there was an ongoing investigation into Smith, either by “HR or PD.”
Smith filed an appeal form with the city on March 7 seeking reinstatement, but the city didn’t respond, according to the lawsuit. Nor has the city provided Smith with a recording of his Feb. 27 conversation with Hurst despite his filing of a Texas Public Information Act request.
Bland claims the City violated the Texas Whistleblower Act and his client would like a civil penalty of $15,000 be imposed against any supervisor who took “adverse personnel action” against him.
Bland is also seeking punitive and actual damages on Smith’s behalf of $250,000 to $1 million.
Reached Friday, Bland said, “I filed the lawsuit on behalf of Aaron Smith in order to ensure that we obtained justice for his wrongful and retaliatory termination.”
