City refused to settle with Ellerbrook - KCBD NewsChannel 11 Lubbock

9/19/10

City refused to settle with Ellerbrook

By James Clark | email

LUBBOCK, TX (KCBD) - City employee Martha Ellerbrook is two weeks from taking the city to trial in federal court.  Newly released court records shed new insight into the case.  Ellerbrook requested mediation in July.  She also requested an out-of-court settlement in August.  The city rejected both. 

Ellerbrook is currently the Animal Services Director for the city.  She was employed by the city from 1989 through 2003 and lost her job due to cutbacks and the financial crisis at Lubbock Power & Light.  In 2006 she applied to become the city's water programs coordinator. 

The city turned her down in favor of Tammy Vander Kuy.  Ellerbrook claims she was not hired due to retaliation because her husband Terry Ellerbrook, also a city employee, sued the city in 2006 and settled out of court.

Ellerbrook was hired in 2010 to replace Kevin Overstreet as the Director of Animal Control Services.  

Some of the disputed facts of the case include:

  • Ellerbrook was the most qualified for the job
  • Ellerbrook helped her husband sue the city
  • The job description was changed to put Ellerbrook at a disadvantage
  • Did the city hire someone else for legitimate business reasons

At last check the civil trial is scheduled to begin Monday October 4th at 9:00 AM.  It is estimated to last four days. (CLICK HERE) to see a PDF copy of an eight-page summary of the issues each side has raised in court records.

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