SAN BENITO — Former Fire Chief Raul Zuniga has filed a lawsuit against the city, arguing he was demoted for bidding at a city auction — even though the city had no such policy at the time barring him from bidding.
Zuniga, a 34-year department veteran, also claims age discrimination in the lawsuit filed Monday in 357th District Court.
“There’s a witch hunt against this man,” John Shergold, the attorney representing Zuniga, said yesterday. “He’s done nothing wrong. He’s going to get his day in court.”
City Manager Manuel De La Rosa declined comment yesterday.
“The city of San Benito will not be commenting on pending allegations or claims being made by Raul R. Zuniga Jr.,” De La Rosa stated.
The lawsuit argues De La Rosa demoted Zuniga for bidding on surplus equipment at a fire department auction.
The city “did not have an ordinance or any objection to a member of the fire department bidding on the surplus equipment,” the lawsuit states.
On Aug. 8, the lawsuit states, De La Rosa demoted Zuniga to a captain’s rank, a move that cut his salary by more than $20,000.
Zuniga argues De La Rosa ordered the police department to launch a criminal investigation to “discredit and criminalize” him.
On Aug. 10, Assistant District Attorney Rene Garza told police Capt. Mario Perea “there was no criminal case and that (the city) was investigating a policy violation that did not exist yet and that it should be placed on policy or created by an ordinance.”
On Sept. 27, the City Commission appointed Capt. Boris Esparza, a less-experienced firefighter more than 10 years younger than Zuniga, to the position of interim fire chief, the lawsuit states.
As a result, Zuniga, 58, claims age discrimination in a complaint filed with the Texas Workforce Commission’s Division of Civil Rights.
The lawsuit argues the city retaliated against Zuniga when Esparza sent a document to Texas Commission of Law Enforcement, falsely stating Zuniga was “dishonorably discharged” from his position.
Zuniga argues De La Rosa and Esparza “continued discriminating” against Zuniga, giving him a five-day unpaid suspension.
The city claimed it suspended Zuniga for “conduct prejudicial to good order,” “violation of any applicable fire or police department rule or special order” and “illegal, unethical, abusive or unsafe acts to include neglect of duties, excessive or unauthorized or improper use of official authority.”
On Feb. 22, the city’s Civil Service commission overturned the suspension.
On May 15, the lawsuit states, the city approved an ordinance prohibiting employees from bidding at city auctions.
However, the new ordinance did not lead Zuniga to file his lawsuit.
The lawsuit, which demands a jury trial, seeks lost wages and attorney fees.
Aug. 8 — City Manager Manuel De La Rosa places Fire Chief Raul Zuniga on paid administrative leave
Sept. 27 — City commissioners vote to confirm De La Rosa’s appointment of interim chief Boris Esparza
Sept. 28 — De La Rosa reassigns Zuniga to captain
Oct. 3 — Zuniga files complaints arguing his demotion was based on age discrimination
Oct. 4 — Esparza sends information to the Texas Commission on Law Enforcement stating Zuniga was terminated
Jan. 19 — Esparza orders Zuniga placed on a five-day unpaid suspension
On Feb. 22 — Civil Service commission overturns suspension
