Previously, we informed our readers that we filed a Petition of Mandamus (lawsuit) on Executive Director Kim Vickers of the Texas Commission on Law Enforcement (TCOLE). We also provided context for the reason for filing.
We published that we received a response from the Texas Attorney General’s Office (OAG) which stated they would be representing Mr. Vickers in this ultra vires claim. The OAG did file a response, but after reviewing the “original answer,” of the OAG, we modified our petition, and filed an amended petition, on or about February 14, 2022.
During the time of filing this new petition, the OAG attempted to get a hearing scheduled for their “original answer,” and “plea to jurisdiction;” however, in doing so, they are still attempting to answer to the “original petition,” and not the “amended petition.” We informed the OAG of the moot point of their pleading, but they did not reply.
Now, March 6, 2022, is upon us and the OAG has not replied to the “amended petition,” filed in Travis County 250th District Court, filed in Cause: D-1-GN-22-000205. So, we have filed a “motion for default judgement.” In the motions, we affirm our information which was documented in the “amended petition,” and we also stake claim the OAG cannot represent Mr. Vickers without being in conflict with law.
Now we wait to see what the OAG or Mr. Vickers will do., but we have already express our opinion to Mr. Vickers and the OAG that Mr. Vickers, in this cause, needs to obtain his own legal representation, because the claims are proper ultra vires claims. We will see what develops in the up coming weeks.
Just to review, the petition cites people being licensed without going to an approved school documented by the State,. The State, in this case is the nine member body of TCOLE, and not its employees. The documentation, is where the State Agency documents the actual approval for schools, by the nine member body.
We also cited a failure to assure the first of three reserve officer courses were done at an approved school which lays framework for improper examination in appointment for the reserve peace officer program, from about 1992 until the “conditional reserve officer,” license was modified.
A third item cited related to a rule where anyone obtaining a new license with TCOLE, regardless of what license someone holds, must established new licensing standards and qualifications; which includes fingerprinting, background investigation, and more. Essentially, at least one license holder obtained another license without having to be fingerprinted or have a background investigation conducted on this person.
Categories: The Lone Star Review - State