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LESTER MELONTREE ZZ‘JUN i0 PH 3: LsO'b IN THE DISTRICT COURT

V. "

Um SMITH COUNTY, TEXAS

CURTIS TRAYLOR-HARRIS
Defendant. I lg JUDICIAL DISTRICT

VERIFIED PETITION FOR REMOVAL OF CURTIS TRAYLOR-HARRIS FROM COUNTY OFFICE

T0 THE HONORABLE DISTRICTJUDGE OF SAID COURT:

COMES NOW, Lester Melontree ("Plaintiff”), on behalf of himself individually and other
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unnamed concerned citizens of Smith County, complaining of Defendant CURTIS TRAYLOR-

HARRIS (”Constable Traylor-Harris"), Smith County Constable for Precinct 1, and would

respectfully show the Court the following:

I. DISCOVERY LEVEL

1. Plaintiff pleads that discovery should be conducted in accordance with a "Level 3"

discovery control plan under TEX.R.CIV.P.190.4.

ll. PARTIES

2. Plaintiff LESTER MELONTREE is an individual who resides in Smith County, Texas, he

may be served with process at 816 House Street, Tyler, TX 75702.

3. Defendant CU RTIS TRAYLOR-HARRIS is the elected Smith County Constable for Precinct

1, Smith County, Texas. Upon information and belief, he may be served with process at Gregg County

Jail, 101 W. Whaley St, Longview, TX 75601, or wherever he may be found. Plaintiff requests an order

requiring a citation and certified copy of the petition be served on Constable Traylor—Harris.

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 Ill. JURISDICTION

4. This Court has jurisdiction over the present case because Constable Traylor—Harris

resides in Texas, because he is an officer of Smith County, and because a substantial part of the events

giving rise to this cause of action occurred in Texas.

IV. VENUE

5. Plaintiff would show that pursuant to TEX. CIV. PRAC. & REM. CODE 15.002(a)(1), venue

is proper in Smith County, Texas as this was the county in which a substantial part of the events and

omissions giving rise to the claims occurred.

V. FACTUAL BACKGROU ND

6. Constable Travlor-Harris, on May 13, 2022, was arrested by the Smith County Probation

Office for blatantly violating multiple bond conditions that were set in November 2021. Constable

Traylor—Harris was arrested by Texas Rangers on November 11, 2021 on various charges that include

Theft of Property by a Public Servant and Official Oppression which are violations ofTEX. PEN. CODE

SEC. 39.03ld) for "Official Oppression (d) An offense under this section is a Class A misdemeanor, except

that an offense is a felony of the third degree if the public servant acted with the intent to impair the

accuracy of data reported to the Texas Education Agency through the Public Education Information

Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law

requiring that reporting." and TEX. PEN. CODE SEC. 31.01(f) for "Theft (f) An offense described for

purposes of punishment by Subsections (e) (1) — (6)" for which he was indicted by a grand jury on these

charges on February 24, 2022 in State of Texas v. Curtis Traylor-Harn's, Case No. 241-0335-22 and Case

No. 241-0036-22, in the United States District Court for the Eastern District of Texas, Tyler Division.

7. 0n November 11, 2021, Constable Traylor—Harris and his two deputies, Chief Deputy

LaQuenda Banks and Sergeant Derrick Holma n, were arrested by Texas Rangers and booked into the

Smith County Jail. They were each charged with Theft of Property (between SEQ—$2,500) by a Public
Servant, Official Oppression, and Abuse of Official Capacity. ATexas Ranger investigation revealed

Constable Traylor-Harris and his two deputies acted in concert together while on duty to steal personal

property from a home in Tyler, Texas.

8. Constable Traylor—Harris' peace officer license has been suspended since December 6,

2021 under Texas Commissioner of Law Enforcement ("TCOLE") administrative rules, the agency that

issues peace officer certifications. Gretchen Grigsby, TCOLE director of government relations, said

publicly that the agency’s suspension of Constable Traylor—Harris' peace ofcer license remains in effect

pending the outcome of Traylor-Harris’ criminal proceedings.

9. In relation-to Constable Traylor-Harris’ license suspension and indictment, on May 13,

2022 he was rearrested for multiple bond violations including the carrying of a re arm as well as

travelling outside the Smith County county lines/jurisdiction without notifying his probation officer. Not

only has he been seen carrying a re arm around Tyler, Texas multiple times since November 2022, but

he was also video taped at the Navarro College Police Academy graduation on May 10, 2022. He was

dressed in full uniform and in possession of his gun while he was receiving his diploma.

10. Constable Traylor-Harris has served as Precinct 1 Constable for Smith County since

January 1, 2021 and, in November 2020, was elected to his constable post with no opposition. His

current term ends on December 31, 2024. lf Traylor-Harris is found guilty of the charges against him and

is ordered to dojail time, he will be incarcerated anywhere from a year or more in jail. Since his bond is

now over $1,000,000, he doesn‘t have the financial means to post bond, has his peace officer license

suspended and can‘t perform the majority of the duties of his office in jail, unless removed from office,

Smith County taxpayers will continue to pay Constable Traylor—Harris a $74,000 salary while he serves

time in jail, while at the same time being taxed to cover the cost of his time in the Gregg County Jail that

will prevent Constable Traylor-Harris from performing the duties of his elected office.

Vi. CAUSE OF ACI'ION — REMOVAL FROM COUNTY OFFICE

11. Plaintiff repeats and incorporates by reference the paragraphs above.

12. Constable Traylor-Harris is a Smith County Constable subject to removal from office

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pursuant to Section 87 of the Texas Local Government Code. A petition for removal may be filed by any

resident of the state who has lived in the county for six months and who is not currently under

indictment in the county. Tex. Loc. Gov’t Code 87.015(b). Plaintiff meets these criteria.

13. County officers may be removed for: (1) lncompetency; (2) Official misconduct; or (3)

Intoxication on or off duty caused by drinking an alcoholic beverage. Tex. Loc. Gov’t Code 87.013. The

Texas Local Government Code defines ”incompetency," as "gross ignorance of official duties" or "gross

carelessness in the discharge of those duties" or ”untness or inability to promptly and properly

discharge official duties because of serious physical or mental defect that did not exist at the time of the

officer's election." Tex. Loc. Gov't Code 87.011l2). The Code defines “ofcial misconduct” as

”intentional, unlawful behavior relating to official duties by an officer entrusted with the administration

ofjustice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or

neglect of an ofcer to perform a duty imposed on the officer by law.” Id. 87.0115).

14. There are grounds to remove Constable Traylor-Harris from county offic‘é for 55th

"incompetency" and "official misconduct" under theTexas Local Government Code. Serving jail time for

bond violations as well as potential jail time if found convicted of the charges against him instead of

fulfilling the responsibilities of county office certainly constitutes the "gross ignorance of official duties"

and the "failure, refusal, or neglect” to perform duties imposed on the officer by law. Being jailed for

bond violations, having a peace officer license suspended, and potential jail time of over a year equates

to an "unfitness or inability to promptly and properly discharge official duties." Constable Traylor-

Harris’ actions as described above also amount to gross carelessness in the discharge of his duties.

15. Pursuant to Texas Local Government Code 87.018(d), the county attorney shall

represent the state in a proceeding for the removal of Constable Traylor—Harris upon acceptance of this

petition by a districtjudge. The districtjudge should temporarily suspend Constable Traylor-Harris and

his salary and appoint another person to perform the duties of the office after issuance of the order

requiring citation pursuant to Tex. Loc. Gov’t Code 87.017la).

16. Plaintiff demands a jury trial and tenders the appropriate fee with this Petition.

VIII. PRAYER

WHEREFORE, Plaintiff Lester Melontree respectfully requests:

i. that the Court issue an order for citation pursuant to Tex. Loc. Gov’t Code 87.016;

ii. that the Smith County Attorney represent the State in the removal proceeding pursuant to
Tex. Loc. Gov’t Code 87.018;

iii. that the Court temporarily suspend Defendant and his salary and appoint another person to
perform the duties of the ofce after issuance of the order requiring citation pursuant to
Tex. Loc. Gov’t Code 87.017;

iv. that the Court order Defendant be removed from the ofce of Smith County Constable for
Precinct 1 following a trial byjury;

v. and that Plaintiff be awarded his costs and all other and further relief to which Plaintiff may
be justly entitled under the circumstances.

Dated: June 8, 2022 Respectfully submitted,

816 House Street

STATE 0F TEXAS

COUNTY OF SMITH
 VERIFICATION

BEFORE ME, the undersigned authority, personally appeared Lester Melontree, who stated,

upon oath, that the statements made in the foregoing instrument are within his personal knowledge

and are true and correct.

SUBSCRIBED AND SWORN T0 BEFORE ME by the said Lester Melontree on this Mday of
June 2022, to certify which witness my hand and seal of office.

L
Notary Publicgte of Texas