Holbrook Employees Suit Moves To District Court

A notice filed on Sept. 12 removed the case from the Navajo County Superior Court and sent it to the federal court instead. The notice was filed by the plaintiffs and did not require a judge’s approval. The district court can remand the cases back to Navajo County if it is determined that is the appropriate venue.

The notice asserts that the cases should be heard in U.S. District Court because “the action involves a federal question.”

In addition to the transfer to federal court, the plaintiffs have asked that their cases be consolidated.

A request to amend the original complaint has been made and granted. The pleading notes, “Plaintiff’s proposed amended complaint asserts a cause of action for and alleged violation of plaintiff’s substantive due process rights.”

As of press time, the amended complaint was not available in the district court’s public electronic records.

The initial complaints were filed in three seperate cases by city water/wastewater employees Louis Baldonado Jr., Armando Aguilera, Markos Serna, Michael Kennedy, Oscar Chairez and Carlos Jimenez.

The initial complaints list allegations of abuse of power, intentional infliction of emotional distress, pay discrimination and invasion of privacy, all on the part of City Manager Ray Alley.

Among the claims listed in the lawsuit it is alleged that a tracking device was installed in the work trucks of the employees of that department without their knowledge and that no tracking devices were installed in the vehicles used by other city departments.

It is also alleged that Alley increased the pay of people with whom he has a personal relationship.

It is also alleged in each of the claims that the plaintiffs were denied opportunity to advance in pay within the City of Holbrook due to their Hispanic race.

In the lawsuits filed by Baldonado, who has been employed with the city for 15 years and is a senior water/wastewater employee, and Aguilera, who has been employed with the city for 32 years as was the manager of that department, they allege that Alley went to Aguilera’s home while he was on a day off, and told Aguilera that Baldonado would be fired if he make any further information requests from the City of Holbrook regarding Alley’s gasoline acquisition and pay scale. Both men allege that Aguilera received a less than excellent job evaluation because Baldonado is part of Aguilera’s crew.

Each of the lawsuits claim that when a wire became loose in a tracking device on one of the department’s vehicles Alley ordered all the department workers to undergo an investigation by the Holbrook Police Department rather than an internal investigation by administration.

The men also allege that Alley installed a camera without their knowledge in the dressing area of the department where they change into and out of their work clothes. They further claim that they never gave permission for the camera in a place where there should be a reasonable expectation of privacy.

In the documents filed with the court it is noted that each plaintiff is seeking monetary damages in an amount to be proven at trial to include costs incurred as part of the trial, interest on judgment due, and other further relief as the court deems to be just and proper.

Hearings in federal court have not yet been scheduled.