Whistleblowing Constable Sues Dallas County

8/2/2012 7:19:00 AM, David Lee
     DALLAS (CN) - A former Dallas County deputy constable who claims he was fired for blowing the whistle on his boss has sued the county to get his job back.

     Lester Smith sued Dallas County, in Dallas County Court. The county is the only defendant.
     Smith says he was fired in April by Derick Evans, Dallas County Constable for Precinct 1.
     Evans was convicted in July of engaging in organized crime: running a raffle for six years to raise money for his campaign, according to CBS News. He was sentenced to 2 years probation and fined $10,000.
     In his complaint, Smith claims Evans "has improperly applied rules, regulations and procedures of the county; has subjected the grievant to unfair treatment to include coercion, restraint and/or reprisal; has taken disciplinary action against him without proper cause; has subjected the grievant to an improper application of fringe benefits or improper working conditions; and has subjected the grievant to dismissal."
     Smith says he made those allegations in a grievance and appeal he filed with the county on May 3. The county rejected it.
     Smith says he made several good faith reports of Evans's misconduct to the Dallas County District Attorney's Office and the Federal Bureau of Investigation.
     "Plaintiff's good-faith report included improper influence, acceptance of honorarium, violation of civil rights, and interference with public duties," the complaint states. "As a result of these reports and other reports, Dallas County continued investigating the actions of Constable Evans and concluded in the indictment, prosecution and guilty finding by a Dallas County jury."
     Smith seeks reinstatement to his job and benefits and damages for whistleblower violations.
     He is represented by Lance Wyatt in Southlake.
     A hearing is scheduled for Monday to determine if Evans will remain in office. Attachment