GALVESTON, Texas – A lawsuit filed by the Galveston County Sheriff against the state agency seeking to suspend his license is headed to mediation. Both sides requested mediation, and Galveston County Judge Jeth Jones granted the motion on Friday.
Sheriff Jimmy Fullen filed a lawsuit in Galveston County to block the Texas Commission on Law Enforcement’s (TCOLE) attempts to suspend his license for 10 years.
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In June 2024, TCOLE recommended revoking Fullen’s license. It claimed he violated state rules requiring peace officers to list all disciplinary actions, lawsuits, and prior arrests on their personal history statements. TCOLE cited omissions on personal history statements filed with two departments.
“Respondent omitted, failed to disclose, or provided false or untruthful information related to job experience, having been disciplined at work, having been fired or asked to resign from a place of employment, having been accused of discrimination, having been the subject of a written complaint at work, having failed to make or been late on a court-ordered payment, having been part of a civil lawsuit, and failing to disclose two arrests,” read TCOLE’s Petition for Revocation filed in June 2024.
However, when Fullen was elected Sheriff in Nov. 2024, state law blocked the revocation of his peace officer’s license. Despite revocation no longer being an option, Fullen still faced disciplinary action.
In February, TCOLE amended its recommendation to suspend Fullen’s peace officer license for 10 years. Fullen then filed a lawsuit in Galveston County, claiming that a 10-year suspension is tantamount to a revocation and, therefore, exceeds TCOLE’s authority.
Tony Buzbee, who represents Fullen, said the suit was not meant to circumvent TCOLE’s authority or ability to hand down punitive measures for infractions. The lawsuit asks Judge Jones to declare a 10-year suspension would violate Fullen’s rights since it would amount to a revocation that is otherwise prohibited under state law.
TCOLE, represented by the Texas Attorney General’s Office, responded to the suit arguing Fullen was trying to “thwart the lawful administrative process, in violation of the separation of powers doctrine.”
“Plaintiff alleges that TCOLE seeks to surreptitiously revoke Plaintiff’s peace officer license but provides no evidence to support its allegations but relies on conjecture and absurd conclusions regarding TCOLE’s intent,” wrote Sherlyn Harper, an attorney with the Texas AG’s Office.
The matter was headed for a hearing on Monday, but that was canceled when both sides requested mediation. Fullen originally appealed TCOLE’s recommendation to the State Office of Administrative Hearings (SOAH). A SOAH hearing was scheduled for Apr. 1, but according to a motion filed in the Galveston County case, that hearing has also been postponed pending mediation.
