James v. Texas Collin County

• Decision Date: 14 July 2008
• Docket Number: No. 07-40566.,07-40566.
• Parties: Dave JAMES, Plaintiff-Appellant, v. TEXAS COLLIN COUNTY; Joe Jaynes, Phyllis Cole; Jerry Hoagland; Jack Hatchell; Ron Harris; Jon Kleinheksel, Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

535 F.3d 365

Dave JAMES, Plaintiff-Appellant, v. TEXAS COLLIN COUNTY; Joe Jaynes, Phyllis Cole; Jerry Hoagland; Jack Hatchell; Ron Harris; Jon Kleinheksel, Defendants-Appellees.

No. 07-40566.

United States Court of Appeals, Fifth Circuit.

July 14, 2008.

William M. Lamoreaux (argued), Dallas, TX, for Plaintiff-Appellant.

Stephen E. Fox (argued), Elizabeth Marie Bedell, Fish & Richardson, Dallas, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Texas.

Before JONES, Chief Judge, and GARWOOD and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Dave James, a former employee of Collin County, Texas ("Collin County" or the "County"), brought this suit against defendants-appellees Collin County; Ron Harris, County Judge; County Commissioners Joe Jaynes, Phyllis Cole, Jerry Hoagland, and Jack Hatchell (collectively with Ron Harris, the "Commissioners"); and Jon Kleinheksel, Director of Public Works, for violating his First Amendment rights of freedom of speech, association, and expression by terminating his employment after he lost his bid to become the Republican nominee for Collin County Commissioner in the March 2004 primary election. He now appeals the district court's grant of summary judgment in favor of the Defendants. We affirm.

FACTS AND PROCEEDINGS BELOW

Collin County hired James in 1996 as an assistant purchasing agent; he became a buyer in 1997. On February 16, 1998, James was promoted to foreman over one of the work crews assigned to maintenance of the county's public works. As a foreman, James reported to the Superintendents of Public Works, Mike McClatchy and James Lorance, as well as to Director of Public Works, Jon Kleinheksel.

During his tenure at Collin County, James twice sought public office. He made his first bid for the office of County Commissioner during the 2000 election cycle. James's campaign was unsuccessful. James again sought the office of County Commissioner during the 2004 election cycle; the result, however, was the same. Both of these campaigns were against incumbent Joe Jaynes.

After announcing his intent to run for public office in the 2000 election, James was advised, by memorandum, of Collin County's policy concerning political involvement of county employees and of the sections of the Texas Penal Code that prohibit county employees from misusing county property, services, and personnel. The memorandum provided, in pertinent part, as follows:

"On Friday, January 22, 1999, you informed me of your intention to seek the office of Collin County Commissioner during the Year 2000 campaign. As I informed you in that meeting, the County Personal [sic] Policy Manual states in Section 9.6 Political Involvement:

`Collin County employees will not be allowed to perform or be involved in political campaigning or related activities during their normal working hours, while in County uniform, or while using County vehicular equipment. Additionally, no County employee shall be required to participate in political campaigns or related activities as a condition of obtaining or retaining employment.'"

James did not receive any reprimands in connection with his 2000 campaign.

On May 6, 2003, James met with Dudley St. Clair, the Assistant Director of Public Works, who advised him there were reports that James had been harassing front-office employees regarding an employment position he had applied for. James replied to St. Clair, and asserts in his brief to this court, that he simply asked about the position three times in a six-week period.

On May 8, 2003, James received a written reprimand for unprofessional demeanor from Kleinheksel. James insists that this reprimand was in response to his attendance at the May 3, 2003, Collin County Commissioners' meeting. Defendants assert that the reprimanded was for disrupting front-office employees with persistent inquiries about job opportunities. The letter-of-reprimand does not specify the underlying conduct that motivated the reprimand. Moreover, James asserts that the letter was given to him without discussion and that, despite his attempts, Kleinheksel was never available to discuss the reprimand. This claim directly contradicts James's sworn deposition testimony, where he testified that the reasons for the reprimand were explained to him.

Also on May 8, 2003, James met with Amy Krueger, Senior Human Resources Manager, to discuss a variety of issues, including his concern that he was being harassed and discriminated against because of his 2004 campaign. Appellees, citing to James's deposition, note that James told Krueger that his primary concern was to "protect his job." James also indicated during the meeting that he had concerns about questionable activity occurring in the Public Works Department which he would be disclosing at a later time in writing.

On June 19, 2003, James submitted a letter to Krueger. The letter referenced "Public Services and Operations Concerns" and opened as follows:

"Please accept this letter as official notification of employee concerns within Collin County Public Services and Operations. The following items have been brought to my attention as possible violations of County Policy, unethical practices, and/or illegal actions by the Administration of Collin County Public Services and Operations."

The letter delineated James's specific areas of concerns as follows:

1. Lack of an open door policy. James stated that when he requested a meeting with the Director of Public Services and Operations (Kleinheksel), he received a reprimand for unprofessional behavior;

2. Hostile work environment. James stated that he, along with other unnamed personnel, had been targeted for termination;

3. Integrity. James asserted that there was "no confidence and trust in the information communicated to employees";

4. Humiliation. James stated that the "Administration humiliates employees in front of others by making derogatory and negative personal remarks";

5. Intimidation. James claimed that the employees were "scared for their jobs" and "intimidated into agreeing with questionable activities and practices";

6. Harassment (both sexual and mental). James asserted that the Director of Public Services and Operations (Kleinheksel) displayed affection publicly to his assistant, creating an uncomfortable work environment for other personnel. James additionally stated that, generally, there were "[u]nwanted sexual advances in the form of hugs, touching, and invasion of space";

7. Questionable hiring practices. James stated that there was a concerted effort to discharge certain employees so that current or former employees from the City of Carrollton could be hired. James indicated that the employees who previously worked for the City of Carrollton were not qualified for their positions but received "top pay";

8. Inaccuracy in time sheet reporting.

9. Selective application of county policies and procedures. James stated that the Public Services and Operations Uniform Policy was specifically created to deter him from campaigning on the job during the 2000 election. He also stated that the Uniform policy was not applied in the same manner to all employees in his department;

10. Misuse of county vehicle and car allowances. James asserted that county vehicles were being used for personal gain;

11. Unprofessional actions. James complained about the public use of offensive language; and

12. Personal questions. James stated that he was questioned about his desire to run for the office of County Commissioner prior to being interviewed for the position of Assistant Director.

After submitting the letter, James met with Bill Bilyeu, Director of Administrative Services and Kleinheksel's supervisor, and Krueger to discuss the concerns raised in his letter. James indicated that his letter was more specifically referring to Kleinheksel. James subsequently met with Krueger on July 2, 2003, to further discuss the contents of his June 19, 2003 letter.

On July 16, 2003, Amy Krueger placed the following memorandum in James's employee relations file:

"Bill Bilyeu, Director of Administrative Services, conducted his own investigation in regards to the items reported by Dave James' [sic] in his letter dated 06/19/03.

As a result of Mr. Bilyeu's findings, John [sic] Kleinheksel, Director of Public Services and Operations, has been placed on six months probation, effective 07/15/03."

Bilyeu subsequently issued a "Corrective Action" memorandum to Kleinheksel, which limited his duties and placed him on probation.

Thereafter, on October 22, 2003, Kleinheksel issued a memorandum to James acknowledging James's second bid for the office of County Commissioner. In the memorandum, Kleinheksel stated as follows:

"Per the October 21, 2003 McKinney Courier Gazette, you have obviously expressed your intention to seek the office of Collin County Commissioner during the year 2004 campaign. As the County Personal [sic] Policy Manual states in Section 9.6 Political Involvement:

`Collin County employees will not be allowed to perform or be involved in political campaigning or related activities during their normal working hours, while in County uniform, or while using County vehicular equipment. Additionally, no County employee shall be required to participate in political campaigns or related activities as a condition of obtaining or retaining employment.'"

Apparently, Kleinheksel's reference to Section 9.6 of Collin County's Personnel Policy Manual was in error. The Personnel Policy Manual was superseded by Collin County's Employee Handbook on September 1, 2003. The Employee Handbook provides in relevant part as follows:

"Political Involvement

... Collin County employees are not permitted to perform or be involved in political campaigning or related activities, whether paid or voluntary in the following circumstances:

• during normal working hours, or on paid overtime

• while in county uniform

...