LUBBOCK, TX (KCBD) - Witnesses are being called to the stand in day two of the City of Lubbock vs. Martha Ellerbrook hearing. The City of Lubbock continues to defend itself in a lawsuit against Martha Ellerbrook, a current city employee. Ellerbrook claims she was passed over for a job as retaliation for helping her husband Terry Ellerbrook in his lawsuit against the city.
Terry is currently an employee for the City of Lubbock as the Director of Solid Waste. He sued the city in 2006 for retaliation and discrimination claims after he was reassigned as the Director of Solid Waste. The City of Lubbock settled out of court for around $250,000.
Martha seeks three years back pay totaling more than $200,000 to fund the salary and retirement she would have received for a job the city says no longer exists. Martha originally filed a complaint with the United States Equal Employment Opportunity Commission (EEOC) for retaliation claims. The City of Lubbock refused to settle and went to trial.
The man who Martha says retaliated against her and was responsible for hiring the Water Programs Coordinator for the City of Lubbock in 2007, Tom Adams, took the stand saying he was in litigations during Terry Ellerbrook's lawsuit against the city but did not retaliate against Martha by not choosing her for the job.
The city says Martha was one of three finalists and they hired Dallas based Waters Consultant Group to use a scoring matrix to pick the final candidate. The fact Tom Adams created the interview questions and scoring matrix for the consultant group is why Martha is making these claims since he re-assigned her husband terry for what Adams says was incompetence.
We also learned Wednesday as he took the stand that while he was director of water utilities, he created the water programs coordinator position. Which, again was the position Martha was applying for.
KCBD NewsChannel 11 is at the hearing and will bring you the latest from the trial as it becomes available.
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