Harlingen, city manager sued by former judge

A former municipal court judge claims the city of Harlingen fired her in retaliation for not doing favors for politically connected residents, according to court records.

Former Municipal Court Judge Rebekah R. Syck said she refused to act on a request by City Manager Craig Lonon because it was contrary to the city's ethics ordinance, court records show.

Attorney Ed Stapleton represents Syck, a Brownsville resident, in the lawsuit filed Friday in the U.S. District Court Southern District of Texas, seeking $1 million in damages.

Syck is suing Lonon individually and in his official capacity and the city of Harlingen for negligence in hiring Lonon in 2006.

"I have not seen the lawsuit," Lonon said Friday in a written statement to The Brownsville Herald. "It would be inappropriate for me to comment." Neither City Attorney Brendan Hall nor Mayor Chris Boswell returned calls from the Herald by presstime.

Syck was not reappointed to the bench May 1 following the end of her two-year contract. Because this allegedly was in retaliation for reporting an illegal act and for refusing to violate an ethics ordinance, it constitutes firing for First Amendment purposes.

According to Syck's petition, shortly after beginning her part-time service to the city in 2006, the city passed an ethics ordinance. It forbade her and other judges from arraigning politically connected suspects after-hours. The city's policy was to schedule arraignments between 10 and 11 a.m.

She was contracted to work in the mornings, although she did magistrate suspects outside the scheduled hours if there was a medical or psychological emergency, or a clerical error required correction.

On May 21, 2007 Jesse Robles was arrested during a warrant round up, according to Stapleton. Robles, who serves on the Harlingen Community Improvement Board, Harlingen's Downtown Board of Directors, Leadership Harlingen and previously served as a city commissioner, was arrested on three warrants dealing with animal-control violations.

Syck's clerk received a call immediately following Robles' arrest asking that she see him, the petition states. Syck said that she could not see him that day, and Robles remained in the city jail overnight.

Soon after, Lonon allegedly summoned Syck and Municipal Court Judge Valerie Garcia to his office. The petition alleges that he told them that the situation with Robles would not happen again and that "he expected them to respond when he ordered a VIP to be specially treated with an early hearing on detention."

When the judges pointed out that they had followed city policy, Lonon allegedly told them that it is "harder" for some people to be in jail than for others.

When the judges didn't yield to Lonon, he allegedly said, "you do what you have to in regard to magistrations and I'll do what I have to in regard to evaluations," the petition states.

Syck said that since then, she didn't receive raises or evaluations and that Lonon requested a delay in hiring a city marshall until after her contract expired on May 1, indicating that the present municipal judges would thus not be involved in the hiring process.

Syck's petition also states that the city is negligent in having hired Lonon. A cursory review of his background reflects ethics-related troubles in Conroe and Cedar Park, Syck claims.

Lonon was fired as city manager of Cedar Park in 2005 for witholding "information vital to an impending bond election and (paying) a $73,000 invoice without asking the council," the Austin Business Journal reported.

Lonon declined to comment on the firing.

The petition also states that Lonon's alleged actions constitute a violation of the ethics ordinance, a Class C misdemeanor.

"I was following an ethics ordinance that they passed and when I refused to break it, they fired me," Syck said Friday. "The city owes me my job back."

Historical Information on Rebekah R. Syck:

2006-2008: Part-time Municipal Court judge in Harlingen

2004-2005 Law Office of Rebekah R. Syck, attorney

2001-2004 Fryberger, Buchanan, Smith & Frederick, P. A., associate attorney

1998-2001: Boyd, Agnew, Dryer & Storaasli, Ltd., associate attorney.

Source: City of Harlingen.

Historical information on Craig Lonon:

2006-present: City of Harlingen, city manager

2004-2005: City of Cedar Park, city manager

1993-2004: City of Conroe, city administrator

1981-1993: City of Corsicana, city manager

1979-1981: City of Levelland, city manager

Source: City of Harlingen

SOURCE: Public records

"No City Official shall grant any special consideration, treatment or advantage to any citizen, individual . . . beyond that which is normally available to every other citizen, individual . . ." Harlingen City Ordinance No. 06-39.