By Daniella Diaz
The Monitor
ALTON, Texas — A federal judge Thursday night threw out a lawsuit filed by Alton’s former fire chief against the city.
Former Alton fire chief Elias Saldivar sued the city and City Manager Jorge Arcaute, saying he was fired wrongfully after reporting purchasing irregularities at the city’s new fire station and that construction contracts were rigged or awarded before the bidding process began. Saldivar also accused the city of hiring unqualified employees or making hires as favors for friends.
“Those (statements) were way off base and we knew that,” Arcaute said, who learned of the court decision Friday afternoon. “We were very confident it would turn out this way.
“We live in a wonderful country that lets anybody say just about anything and when it’s that off base, just wait for the court to get you.”
The most recent documents filed say that Alvarez found that there was not enough evidence against the defendant to set a hearing for the case.
The documents say that Saldivar’s claims were not protected by the First Amendment because they were directly related to his public duties as fire chief.
Saldivar filed the lawsuit because he believed he was wrongfully terminated June 12, 2012 after working at the fire department for more than five years.
The documents say that Saldivar refused to associate with Arcaute’s political group, the “Arcaute group.” He believed that Arcaute, who previously served as the city manager in San Juan, pushed him out in order to hire “affiliates” from San Juan.
Arcaute denied the allegations since the lawsuit was filed. He said he fired Saldivar after an investigation that proved he was putting fuel from city fuel pumps in his personal vehicle.
Saldivar was seeking at least $250,000 in damages from the termination. Despite the setback, he said he would still continue to pursue the case.
“It’s sad, you know,” Saldivar said Friday afternoon when reached by phone. “I’m still gonna pursue it.
“They’re getting away with it and it’s not right. It’s not right at all.”
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(c)2013 The Monitor (McAllen, Texas)
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