Click image above for full writ. DEMING - The Luna County Board of Commissioners has petitioned the 6th Judicial District Court in Deming to impose a Mandamus ruling against the Luna County Sheriff, Mike Eby.
In the request, Luna County stated that Sheriff Mike Eby has allegedly arbitrarily and illegally demoted and reassigned four employees to different positions. This appears to be in violation of state law, county ordinance and the Collective Bargaining Agreement between the Sheriff’s Union, and the County.
When Sheriff Eby took office January 1st, 2023, he demoted two Captains to patrol officers and promoted a Corporal to administration Corporal’s duties. However, the demoted Captain’s salaries were not lowered.
In the court petition, the County says that three officers filed official grievances before a hearing officer, (the County Manager).
The hearing officer ruled in favor of all three officers. It was ordered that the two previous Captains regain their Captain’s duties, and the Corporal be placed back as patrol Corporal. A fourth employee was promoted to deputy status without going through the proper promotion procedure.
Sheriff Eby has allegedly ignored the ruling. That is why the County is seeking this writ of Mandamus.
Mandamus is a court order commanding the Sheriff to perform a public or statutory duty.
The County is asking for a declaratory judgement from District Judge Jim Foy.
If the County receives the judgement, and the Sheriff continues to refuse, the court may order the Sheriff to be in contempt until the writ is obeyed. Or the court may make any actions necessary and proper for the complete enforcement of the writ.
The request for the writ was filed on Friday August 18th.
The entire petition can be viewed on our web page at Demingradio.com.
In the request, Luna County stated that Sheriff Mike Eby has allegedly arbitrarily and illegally demoted and reassigned four employees to different positions. This appears to be in violation of state law, county ordinance and the Collective Bargaining Agreement between the Sheriff’s Union, and the County.
When Sheriff Eby took office January 1st, 2023, he demoted two Captains to patrol officers and promoted a Corporal to administration Corporal’s duties. However, the demoted Captain’s salaries were not lowered.
In the court petition, the County says that three officers filed official grievances before a hearing officer, (the County Manager).
The hearing officer ruled in favor of all three officers. It was ordered that the two previous Captains regain their Captain’s duties, and the Corporal be placed back as patrol Corporal. A fourth employee was promoted to deputy status without going through the proper promotion procedure.
Sheriff Eby has allegedly ignored the ruling. That is why the County is seeking this writ of Mandamus.
Mandamus is a court order commanding the Sheriff to perform a public or statutory duty.
The County is asking for a declaratory judgement from District Judge Jim Foy.
If the County receives the judgement, and the Sheriff continues to refuse, the court may order the Sheriff to be in contempt until the writ is obeyed. Or the court may make any actions necessary and proper for the complete enforcement of the writ.
The request for the writ was filed on Friday August 18th.
The entire petition can be viewed on our web page at Demingradio.com.
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