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Texas Information Officer’s Termination Lawsuit Dismissed

Texas Information Officer’s Termination Lawsuit Dismissed

A Texas federal district court dismissed a discrimination lawsuit filed by former Texas Department of Criminal Justice (TDCJ) Public Information Director Michelle Lyons. She appealed to the Fifth Circuit Court of Appeals following the court’s September 2013 grant of summary judgment.

Lyons was demoted from Director of Public Information to the position of Public Information Officer in early 2012, which came with an annual pay cut of $14,000. The demotion came after a 16-month investigation that found Lyons, a salaried employee, had a “discrepancy” on her time sheet. She accrued no financial outcome from the method of time reporting that several other employees and supervisors used for years. In May 2012, she resigned from TDCJ.

“U.S. Judge David Hittner admits she establishes a prima facie case,” said Lyons’ attorney, Delana Cline. “[TDCJ] says they looked at [now TDCJ Public Information Director Jason] Clark’s time records. That’s false. The judge is completely wrong here.”

Cline said TDCJ only saw the few documents Lyons herself provided. “The only thing is the fact that [TDCJ] didn’t do a 16-month investigation on [Clark] like they did on her,” said Cline. “There’s at least one time where Mr. Clark made mistakes on his time sheet. He just didn’t get a $14,000 demotion like [Lyons].”

While the court did state that Lyons “made a prima facie showing of discrimination in the case,” it found TDCJ made a “non-discriminatory” explanation that met its burden and entitled it to summary judgment.

“As the PI Director for TDCJ, Lyons held a relatively high-profile position in a state agency charged with enforcing state criminal laws,” TDCJ’s motion for summary judgment read. “(TDCJ officials) needed to act to address the falsification of state records, a possible crime under Texas law.”

“There is absolutely genuine fact issue here,” said Cline. “If there is any factual dispute, the case is supposed to go to a jury.”

The website TDCJ Backgate regularly reports on TDCJ and it suspects the investigation and demotion of Lyons was based upon her statements, within the scope of her position, to Backgate.

“Ms. Lyons was courteous, professional and never appeared to be hiding any information we were seeking through the proper channels within the PIO department” said Duane Stuart, the Backgate’s site manager. “Apparently TDCJ looked down upon the fact that she was providing the information to us due to our longstanding reputation of providing TDCJ employees, as well as the taxpaying public and legislators, with the good, the bad and the ugly occurring within the agency. I feel the actions against Ms. Lyons were based solely on that fact and not on the basis of some constructed disciplinary charge filed against her for improperly reporting her time. It’s obviously part of the common practice of the TDCJ to single out and retaliate against those employees who pose an issue to their widespread corruption and corrupted practices.”

Lyon’s appeal is pending.

Sources: Hunstville Item; tdcjbackgate.blogspot.com