Constable quits, lawsuit still continues

Donley County Constable Jimmy Swinney turned in his letter of resignation Monday morning, but his legal battle with the county continues at press time.

The Precinct 1&2 constable’s resignation follows a called session of the commissioners’ court last Friday, September 28, in which both county constables were asked to show evidence of their being issued permanent peace officer licenses from the Texas Commission on Law Enforcement.

Constable Mike Wallendorff of Precincts 3&4 presented his license. Swinney did not. The county was later notified by the Texas Commission on Law Enforcement that Swinney had failed his Basic Peace Officer Examination on September 28.

According to the county attorney’s office, Swinney did take and pass five on-line continuing education law enforcement courses. But those courses do not qualify Swinney, who is a former policeman, to reactivate his peace officer’s license.

By state statue, a constable must be licensed within 270 days of taking office or he forfeits his office and is subject to removal. That deadline expired last Thursday.

Following the commissioners’ meeting Friday, County Attorney Pro-Tem Kaye Messer filed papers with the district court to begin the legal procedure to remove Swinney from office. That action was still pending with the court Monday afternoon, although it may be rendered moot following the constable’s resignation.

Swinney ran as a write-in candidate last November and was elected to an office that had been vacant since 1969. He took office January 1, 2001, and filed a lawsuit against the county in June over his $3,170 annual salary and seeking back pay, interest, attorney fees, and punitive damages.

That lawsuit continues, Messer said, but will now be limited to the nine months Swinney was in office. She plans to seek a summary judgment to dismiss the case from District Judge David McCoy next month.

“I still feel comfortable with the county’s position,” Messer said.