Petition for Writ of Certiorari — In Re Joshua Marbley, Petitioner
Supreme Court briefMar 5, 2024
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Text
appendix table of contents
Page
Texas 14th Court of Appeals, ^Memorandum
Opinion, dated August 17,2016 ............-.....•• App. 1
14th Court of Appeals, Judgement, dated
Texas
. App. 3
August 17, 2023
District Court of Harris County Tex;as 165&Ju
dicial District, Order of Recusal and Transfer,
App. 4
dated May 26, 2023.........................................
District Court of Harris County Texas. 295th Jua
District Order Granting Defendants
S Amended Plea To The Jurisdiction,
App. 5
dated August 28,2023................................
•t=SSSStS»SS5S3K
. App. 8
cember 20, 2023
Channel 13, Ted Oberg Investigates: Metro Lift,
App. 9
dated September 21, 2023 ........................
First Transit Employee Handbook, dated Febru.... App. 15
ary 2019...................
Complaint by Joshua
*? i^f^l^App. 20
tunity Commission, dated October 22,2021 ...App.
Board of Directions, dated
Resolution by Metro
App. 30
November 17, 2022
t Of Officer Ursula A. Hall, dated Jang2
Statemen
uary 1, 2020.
11
APPENDIX TABLE OF CONTENTS - Continued
Page
0
lf202filCe ^ UrSUla A‘ Hall> dated JanU"
App. 33
Statement Of Officer Donna Ruth, dated Janu
ary 1, 2023.......................................
App. 35
O2023fOffice for Donna Ruth> dated January 1,
App. 36
Violation of Oath of Office and Walker
v Members
of
Congress
(retrieved
from
https://foavc.org)...........
App. 38
Letter From Administrative Office Of The United
States Courts, dated August 1, 2023.............
App. 42
Letter From The Supreme Court Of The United
States Office Of The Clerk, dated March 21,
App. 44
Letter From The Supreme Court Of The United
20?M2?
°f'1116 Cl6rk’ dat6d NoTO”ber
App. 46
Letter From The State Commission
on Judicial
Conduct, dated April 27, 2023......
App. 47
‘The Judge Is Not Happy’: Houston Jurist Sanc
tioned For Not Ruling on Discovery Motions
lexas Lawyer - Jackson Walker, dated No
vember 17, 2020..........................
App. 49
Disciphrmiy Actions For District Judge Ursula
A. Hall, dated January 2021..................
App. 50
Mayor’s Office Press Release, Mayor Sylvester
Turner Names New Chair Of Metro’s Board of
Directions, dated February 17, 2022
App. 52
Ill
APPENDIX TABLE OF CONTENTS - Continued
Page
Settlement Offer for Metropolitan Transit Au
thority, dated November 28,2022 ................. App. 56
Settlement Offer for First Transit Inc., dated
November 28, 2022......................................... App. 59
Settlement Offer for City of Houston, dated NoApp. 62
vember 28, 2022...........................................
Metropolitan Transit Authority Contract No.
CT1600002 for Operation of Paratransit Van
Transportation Services By and Between
First Transit, Inc. and The Metropolitan
Transit Authority of Harris County, Texas ...App. 65
Metro Board Honors Retiring President & CEO
App. 68
Tom Lambert, dated December 14, 2023
District Court of Harris County, Texas, 295th
Judicial District, Notice of Intent to Dismiss ^
No Final Order, dated Jan. 19, 2024............. App. 73
App. 1
Appeal Dismissed and Memorandum Opinion
filed August 17, 2023.
[SEAL]
In The
Fourteenth Court of Appeals
NO. 14-23-00416-CV
JOSHUA MARBLEY, Appellant
V.
HARRIS COUNTY, Appellee
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Cause No. 2022-09776
MEMORANDUM OPINION
on
26 202SS te“Pted aPP6al fr°m “ °rder S«ned
May 26, 2023 recusing one district judge from the
tnal court proceeding and transferring the case to an
mimstrative judge for further transfer, and another
th^TD T'tp ^ ™23 transfe™S ^e case to
the 295th District Court.* Generally, appeals may be
aken only from final judgments. Lehmann v. Har-Con
orp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do
1 Both orders are contained in the same document.
App. 2
judgment is rendered unless a statutory
plies. Bally Total Fitness Carp v Jackson 53 aW.3d
352, 352 (Tex. 2001); Jack B. Anglin Co., Inc v. Tipps,
842 S W.2d 266, 272 (Tex. 1992) (orig. proceeding). Orders transferring cases to other trial courts and rec
using a judge from a procee,ding.are, normay t
appealable interlocutory orders. See Tex. R. Civ. R
18a(j)(l)(B) (“An order granting a motion to recuse is
final and cannot be reviewed by appeal, “““ “
otherwise.”); Fox v. Wardy, 224 S.W.3d 307, 309 (lex.
App.—El Paso 2005, pet. denied) (holding interlocutory
transfer order was unappealable).
On June 20, 2023, notification was transmitted to
the parties of this court’s intention
peal for want of jurisdiction unless any party dem
strates this court has jurisdiction over this>aPPea on
_ bQf0r<- -Tune 30,2023. See Tex. R. App. P 42.3(a). Ap
^eltnt filed a response, but the response does not
demonstrate that this court has jurisdiction.
Accordingly, the appeal is dismissed.
PER CURIAM
Panel consists of Justices Jewell, Spain, and Wilson.
App. 3
August 17, 2023
[SEAL]
JUDGMENT
The Fourteenth Court of Appeals
JOSHUA MARBLEY, Appellant
V.
NO. 14-23-00416-CV
HARRIS COUNTY, Appellee
Today the Court heard its own motion to dismiss
the appeal from the orders signed by the court below
on May 26, 2023 and June 1, 2023. Having considered
the motion, we order the appeal DISMISSED.
We further order that all costs are taxed against
the party that incurred same.
We further order this decision certified below for
observance.
Judgment rendered August 17, 2023.
Panel consists of Justices Jewell, Spain, and Wilson.
Opinion delivered Per Curiam.
App. 4
CAUSE NO. 2022-09776
MARBLEY, JOSHUA § IN THE DISTRICT COURT OF
| HARRIS COUNTY, TEXAS
vs.
HARRIS COUNTY § 165th JUDICIAL DISTRICT
ORDER OF RECUSAL AND TRANSFER
It is ORDERED that I recuse myself and refer this
case to the Administrative Judge of the Civil Trial Di
vision for transfer to another court.
Signed on Mav 26. 2023.
/s/ Ursula Hall____________ _______ _
URSULA A. HALL, Judge Presiding
165th District Court
ORDER
It is ORDERED that the District Clerk of Harris
County transfer the above-styled and numbered cause
from the 165th District Court to the 295th District
Court.
Signed on June 1. 2023.
/s/ Beau [Illegible] Miller___________
BEAU MILLER
Administrative Judge, Civil Division
App. 5
CAUSE NO. 2022-09776
JOSHUA MARBLEY
Plaintiff,
v.
§ IN THE DISTRICT COURT OF
§
§
CITY OF HOUSTON, §
METROPOLITAN
§
TRANSIT AUTHOR- § HARRIS COUNTY, TEXAS
ITY OF HARRIS
§
COUNTY and FIRST §
§
TRANSIT, INC.
Defendants.
§
§
295th JUDICIAL DISTRICT
ORDER GRANTING DEFENDANT’S
EIRST AMENDED PT.EA Tn THE
A
c“nTsTidering Defendant Metropolitan Transit
Authority of Harris County, TX’s First Amended Plea
to the Jurisdiction, Plaintiff’s response, if any, and the
arguments of counsel, the Court GRANTS the Defend
nEB^wATnded Pl6a *° the Jurfsdiction and ORDERS that all of Plaintiff’s claims against Defendant
are DISMISSED WITH PREJUDICE. Therefore
this lawsuit is DISMISSED WITH PREJUDICE It
is further ORDERED that costs of Court are taxed
against the Plaintiff.
Signed this _28th , day of August, 2023.
/s/ D. Roth
Honorable Judge Presiding
App. 6
CAUSE NO. 2022-09776
JOSHUA MARBLEY § IN THE DISTRICT COURT
Plaintiff
§
v.
§
CITY OF HOUSTON, §
METROPOLITAN § 295th JUDICIAL DISTRICT
TRANSIT author
§
ity OF HARRIS
COUNTY and FIRST §
§
TRANSIT, INC.
§ OF HARRIS COUNTY, TEXAS
Defendants.
ORDER
, 2023, the ,Court
On the_____ day of
T
considered Defendant City of Houston’s Plea to the Ju
risdiction. After considering the pleadings, the motion,
the response, affidavits, and other evidence on „le, .. e
court has determined that the motion has merit shou
be, and hereby is, GRANTED.
Therefore, the Court GRANTS Defendant City of
Houston’s Plea to the Jurisdiction and dismisses all
causes of actions against it with prejudge to Plaintiff s
refiling the same.
fsf D. Roth_______ _____
PRESIDING JUDGE
[August 28, 2023]
App. 7
CAUSE NO. 2022-09776
MARBLEY, JOSHUA § IN THE DISTRICT COURT OF
Plaintiffs),
§
vs.
§
HARRIS COUNTY, TEXAS
HARRIS COUNTY, §
Defendant(s).
§ 295th JUDICIAL DISTRICT
ORDER
Came on before the Court Defendant, First Transit’s
Motion to Dismiss Pursuant to Rule 91a. Although no
response was filed the Court must deny the motion as
untimely. The motion was filed on April 1, 2022. A rul
ing is required within 45 days. The motion was not set
for hearing or submission during that period of time. It
is therefore,
ORDERED that Defendant, First Transit’s 91a
Motion to Dismiss is DENIED.
Signed August 31, 2023
D. Roth
Hon. DONNA ROTH
Judge, 295th District Court
App. 8
FILE COPY
DATE: 12/20/2023
RE: Case No. 23-0995
TC#: 2022-09776
COA #: 14-23-00416-CV
STYLE: MARBLEY v. HARRIS CNTY.
'
Today the Supreme Court of Texas denied the mo
tion for extension of time to file petition for review un
der TEX. R. APP. P. 53.7(f), in the above-referenced
case.
MR. JOSHUA MARBLEY
535 SEMINAR DR.
APT#283
HOUSTON, TX 77060
* DELIVERED VIA E-MAIL & POSTAL *
App. 9
TED OBERG INVESTIGATES
Houston METROLift drivers worry about fatigilfe
during long shifts: ‘Draining’
With nearly 100 fewer drivers during the pandemic,
operators say they’re required to work six days a week
By Ted Oberg and Sarah Rafique
Thursday, September 23, 2021
HOUSTON, Texas (KTRK) — Joshua Marbley starts his
shift as a METROLift driver around 2:30 a.m., travel
ing through apartment complexes to pick up residents
with disabilities who scheduled their trips in advance.
He’s been an operator for more than six years and has
several regulars who need dialysis at the medical center in the early morning hours.
Some of the clients on our buses, they’re in wheel
chairs, some of them are visually impaired,” Marbley
said. “When that client steps foot on that bus, that cli
ent puts their seatbelt on, I put that bus in drive, that
client puts their lives in my hands. So from that moment on, I got to be focused on that road.”
Now, with nearly 100 fewer drivers during the pan
demic, operators told ABC’s they’re required to work
six days a week, sometimes up to 12 hours a day, and
are worried about fatigue as they drive around town to
provide this essential service to Houstonians.
Our investigation found, in some cases, drivers are so
tired they have to pull over and call a supervisor to
take over their shift.
App. 10
“It can be pretty draining,” Marbley said.
13 Investigates first started asking METRO for docu
ments on METROLift driver fatigue, hours and attend
ance issues in May after hearing from concerned
drivers and passengers.
One driver we spoke with says she regularly works a
12-hour shift, starting at 5 a.m. In one case, she told 13
Investigates she didn’t feel like she had enough time
to go home and rest before her next shift 10 hours later.
“Everybody is different. You can work anywhere from
six hours all the way to 12 [hours,] said the driver, who
asked we not share her name since she’s still employed
by First Transit. “They say we have to work six days,
so we work six days.”
METROEifttrnnsportsthousands-ofriders-every-day
in accordance with the Americans with Disabilities
Act. The buses are owned by METRO but the agency
contracts with First Transit, who hires drivers and sets
their schedules.
First Transit said 12-hour shifts aren t common and
that the company staggers the length of shifts. If a
driver works 10 hours one day, they may only work five
or six hours the next day.
METRO tells us it meets with First Transit weekly to
discuss staffing levels and doesn’t think driver fatigue
is an issue.
“If an operator feels that they’re fatigued, that they
have a problem or that they don’t think they can
App. 11
continue, it behooves that operator to work with their
management and tell them, ‘Listen, I can’t keep going ”
said Andy Skabowski, executive vice president and
chief operating officer at METRO.
In May, nearly 40 of the 289 METROLift operators in
Houston had to quit their shift early, according to d
ocuments 13 Investigates obtained through an open rec
ords request. Drivers were late for work a total of 112
times and there were 77 instances where drivers just
didn t show up for their shift that month.
First Transit said those numbers
are not indicative of
driver fatigue because there’s a number of reasons
drivers might be late or not show up.
The company said it addresses driver fatigue “aggresSively ’ through check-ins with staff throughout the
dnver 18 tired and calls in, or has to leave midshift, First Transit said it won’t be held
against them.
But that hasn’t stopped some drivers from going to
work tired on their mandatory sixth work day of the
week, fearing they might get written up.
In a surveillance video we obtained from METRO
through an open records request, one Lift driver emP oye by First Transit said she just got back from an
out-of-town tnp and didn’t think she could
take the
day off.
They only give us one day off, so I got to try and do
everything in one day,” the driver said in the surveil
lance video.
App. 12
She. goes on to say she made sure her supervisor knew
she just got off a flight that kept getting delayed and
was tired, but still went to work “because it was my
mandatory day.”
Driver shortage
Our investigation found that one in four METROLift
,
drivers, hired and trained by First Transit, left the
company over the last year. A total of 140 drivers have
left since the start of 2020.
METRO, which hired First Transit to run
n METROLift,
.
said METROLift didn’t fire any drivers during the p andemic, but that drivers who left were not replaced.
When it comes to driver fatigue, Skabowski said it’s
because although there are fewer
wn-tUtt T-inf cm issue
drivers during the pandemic, there are also fewer ridBut, he admits First Transit is experiencing the
ers.
same struggles as others in the transit industry who
need to hire more drivers as businesses are back open
and more people need transportation.
“It creates some overtime for operators that are on the
job and they’re asked to step up and provide
. . A , some ex
tra hours of service and typically it might be in the
form of a day off, but that’s First Transit and how they
manage it,” Skabowski said.
Regarding the six-day work weeks, Marbley shared a
photo of a sign he said was posted on a bulletin boar
for Lift operators. It shows a crying face emoji and
said, “due to continued high attendance, violations,
App. 13
resignations, and terminations, we will need to make
mandatory days every week.”
Another sign posted on the bulletin board that re
minded drivers that “when you are on extra board,
please be prepared to work up to 14 hours on your
scheduled day.”
First Transit told 13 Investigates the sign was put up
in error and is looking into the issue.
The company said its drivers spend an average of 8.6
hours a day on the road. Drivers are supposed to work
a maximum of 10 hours, plus the time needed to check
their equipment before and after their shift.
First Transit’s policy, negotiated with the drivers’ un
ion, is to give drivers at least eight hours off between
shifts, but drivers we spoke within our investigation
tell us when you’re working long hours in back-to-back
shifts, that’s not enough time to go home and recharge.
Unfortunately, that puts not only the driver behind
the wheel of that vehicle, it don’t only put just the pas
sengers, it puts everybody around that driver at risk,”
Marbley said. “Most drivers like me, if they know
they’re tired, they’re just going to call in and don’t risk
it. I feel better calling in and getting wrote up for it
then (to) go out here and have a four-car accident.”
Even with ridership down, First Transit
admits it
needs more
The
MFTRm
-a. drivers.
,
•
f°mpany increased Pay f°r
1 KOLift workers, is offering a $2,000 sign-on bo
nus for new drivers and encourages current drivers to
speak up with concerns.
App. 14
“First Transit is committed to our employees and oper
ates in an open-door environment, which provides em
ployees several ways to report any concerns or issues,
including an anonymous 800 ethics and compliance
line, direct access to their manager, or contacting onsite human resources,” the company said.
Still, Marbley worries his colleagues are too fearful to
talk to their supervisors about their concerns.
“If they were to come up to that facility and have a sit
down, talk with every single operator, they can really
start getting to the root cause of why the attendance is
so high, why the turnover is so bad and why drivers do
not want to work there,” he said.
App. 15
First [LOGO] Transit
Employee Handbook
A FirstGroup America Company
Amended: February 2019
Manager’s Responsibility
All managers are responsible for:
•
Implementing this policy, which includes, but
is not limited to, taking steps to prevent har
assment and retaliation;
•
Ensuring that all employees under their su
pervision have knowledge of and understand
this policy;
•
Promptly reporting any complaints to the
designated Human Resources Representative
so they may be investigated and resolved in
timely manner;
•
Taking and/or assisting in prompt and appro
priate corrective action when necessary to en
sure compliance with this policy; and
•
Conducting themselves, at all times, in a man
ner consistent with this policy.
Failure to meet these responsibilities may lead to dis
ciplinary action, up to and including termination.
Any employee or applicant who believes that they h ave
been subjected to or witnessed any kind of harassment
or believes this policy has been violated should follow
App. 16
the reporting procedure set out in the Company’s Dis
crimination, Harassment and Retaliation Reporting
Procedure Policy.
Any employee who is determined to have engaged in
conduct prohibited by this policy or other inappropri
ate conduct, will be subject to disciplinary action, up to
and including termination.
Retaliation for complaining about discrimination or for
providing information relating to such complaints, is
strictly prohibited and will not be tolerated, regardless
of the outcome of the complaint. See the Company’s
Policy Against Retaliation set forth below.
C. Policy Against Retaliation
It is a policy of First Transit to fully support any employee who reports actual of perceived discrimination,
harassment or unlawful conduct. Retaliation for com
plaining about discrimination, harassment-or retali
ation, or for providing information relating to such
complaints, is strictly prohibited and will not be toler
ated, regardless of the outcome of the complaint. In
other words, employees are protected for speaking up
in good faith if they believe discrimination, harassment
or retaliation has taken place, and from providing in
formation related to such complaints, even if the com
plaint is ultimately not substantiated. Any manager, or
co-worker who retaliates against a complaining employee or anyone involved in an investigation of a com
plaint will be subject to discipline and/or termination.
App. 17
Some examples of what may constitute retaliation may
include: denial of promotion, refusal to hire, denial of
job benefits, demotion, suspension, termination, nega
tive evaluations, reprimands and harassment. The above
list of examples is not intended to be all-inclusive.
SECTION 2
Employment
Practices
A. Whistleblowing Policy
First Transit is committed to conducting our business
with honesty and integrity, and we expect all staff to
maintain high standards in accordance with our Code
of Business Ethics. However, all organizations face the
risk of things going wrong from time to time, or of un
knowingly harboring illegal or unethical conduct. The
Company encourages employees to speak up and raise
questions and concerns promptly about any situation
that may violate our Code of Business Ethics, our pol
icies and procedures, or the laws, rules, and regula
tions that govern our business operations.
If you have any questions or concerns related to any
conduct or activities that you believe may violate our
Code of Business Ethics, our policies and procedures,
or the laws, rules, and regulations that govern our
business operations, including but not limited to, any
suspected wrongdoing or danger affecting any of our
activities, you should report it under this policy. Reference the employee portal, posted policy or see your
App. 18
manager for details regarding the Whistleblowing pol
icy.
We hope that in many cases you will be able to raise
any concerns with your manager. You may tell them in
person or put the matter in writing if you prefer. They
may be able to agree a way of resolving your concern
quickly and effectively.
However, where the matter is more serious, or you feel
that your manager has not addressed your concern, or
you prefer not to raise it with them for any reason, you
can either raise it with your managers manager, or
your Region HR manager. Employees may also directly
file a written or verbal complaint by calling the confi
dential Ethics and Compliance Toll-free Hotline at
1.877.3CALLFG, (1.877.322.5534) contacting the Hot
line intake site at ethicsfirst.ethicspoint.com, or email
ing Compliance^rstgroup^om.
Managers are charged with assuring that they and
their staff comply with the whistleblower protections
and that no retaliation occurs because of a reported
safety related issue.
For more information on Whistleblowing refer to FirstGroup’s Whistleblowing Policy.
Nothing in this policy, our Whistleblowing Policy, or
this Handbook prohibits an employee from reporting
concerns to, filing a charge or complaint with, making
lawful disclosures to, providing documents or other
information to or participating in an investigation or
hearing conducted by the Equal Employment
App. 19
Opportunity Commission, National Labor Relations
Board, Securities and Exchange Commission or any
other federal, state or local agency charged with the
enforcement of any laws.
*
*
*
App. 20
Joshua L. Marbley
------ —•
13110 Kuykendahl Rd #1706, Houston, TX 77090
jngy.namflrl>1pv@vahoo.coni 713-885-5491
October 22, 2021
VIA: Certified Mail
CERT. (Tracking Number - “7021 1970 0001
65514953”)
1C„
Return Receipt - “9590 9402 6781 1074 6745 15
Equal Employment Opportunity Commission
Mickey Leland Building
1919 Smith Street
6th Floor
Houston, Texas 77002
United States
r\
_ „ TH O CV
uear
My name is Joshua L. Marbley, and I m a Bus Op
erator here in Houston, Texas for Houston Metro Lift
(Para-Transit) Division with is a part of Metropolitan
Transit Authority. I’m am filing a “Whistleblower Com
pliant” against my Employer First Transit Inc. First
Transit is the company that currently holds the Metro
Lift contract for Metro.
First Transit Inc,
First Transit
Corporate Office:
600 Vine Street Suite #1200
Cincinnati, Ohio 45202
Phone: (513) 241-1000
First Transit
Houston Location:
3250 Telephone Road
Houston, Texas 77023
Phone: (281) 896-3700
App. 21
Mrs. Shebrenna Tangarife:
First Transit Human
Resource Manager:
First Transit Inc.
3250 Telephone Road
Houston, Texas 77023
Phone: (832) 280 - 4738
Mr. Michael Honer:
Regional Director
Operations:
First Transit Inc.
3250 Telephone Road
Houston, Texas 77023
Phone: (832) 280-4712
*iere at First Transit Inc. we do have
more than
15 Employees that is on Staff here.
Short DescriptionAs a Bus Operator of Metro Lift, and also having
family member that Ride the Metro Lift Services I de
cide to take a stand and start asking questions about
a lot of issues that on this job. Mr. Michael Honer the
General Manger of First Transit, Mrs. Shebrenna Tan
garife, the Human Resources Manager, who is the Un
ion for First Transit, Mr. Bradley A. Thomas the
President and CEO of First Transit who are all
employed by First Transit. I then reached out to Mr. MiTT ael °5oord the Business Representative for Teamster
Union #988 the union office that Representative the
rivers o irst Transit. Now, I then reached out the
Management Staff of Metropolitan Transit Authority.
r.
omas C. Lambert the President and CEO of
Metro Mr Auturo Jackson the Senior Director of
Metro Lift, Mr. Michael Andrade the Director of Paratransit of Metro Lift, and Mr. Jeremy Schoech Director
ot Contract Operations of Metro Lift. All of this
individuals have all received Certified Mail ft
om me, and I
App. 22
have the Green Card from all of them that proof that
they receive it. After I did all of this that when ihe Har
assment and Bully, Write and Suspend got started.
As a Register Vote, and Taxpayer here in Harris
County I finally to my concerns to people who I believe
can finally make something happen. The Board of Di
rections for Metropolitan Transit Authority On Thurs
day June 24, 2021 I was on the speaker who address
the Board of Directions about my concern about Metro
Lift. If you click on the link that will take you to the
meeting.
v»+1- pa-//ri rifrnietro.ffrarncus.com/p1 ayer/clip/2162
On Thursday July 22, 2021.1 was on the speaker who
address the Board of Directions about my concern
about Metro Lift. If you click on the link that will take
you to the meeting.
v.
• //ri d ometro. gr a n icus. com 1 ayer/clip/2174
On Thursday August 27, 2021. I was on the speaxer
who address the Board of Directions about my concern
about Metro Lift. If you click on the link that will take
you to the meeting.
M-tpa-Z/rH rlometro.gi-anicus.com /pi ayer/clip/2186
Lastly I reached out to the Occupational Safety and
Health Administration “OSHA” and after having a
meeting with them they inform me that this is not
their field and advise me to reach out to the Depar ment of Transportation “DOT” for so assist.
App. 23
After reaching out to so many people I finally
reach out to the one P^ace that I knew deep down will
help get the expose to this matter at hand Channel 13
News.
Channel 13 News Board f!a«P
September 23. 2021 at 10:00 PM
TED OBERG INVESTTaATP.fi
Houston METROLift Drivers Worry About Fatigue
During Long Shifts: ‘Draining’
With nearly 100 fewer drivers during the pandemic
operators say they’re required to work six days a week’
sometimes 12 hours a day. - https://abc13
drammgmetrolift-drivers-worrv-a hm t t-fa fi a
ue-on-longshifts/11033837/
ith the help of Mr. Ted Oberg and Mrs. Sarah
afique with Channel 13 News Investigates this mat
ter will finally get the expose that it need. Unfortu
nately for me there will came a price for doing this that
I will have to pay latterly on. Channel 13 air my story
on Thursday September 23,2021. On October 15 2021
-22th” Days After the story air I was put on Adminisrative Removal, and on Tuesday October 27 2021
“27th” Days later after, “8 Years, 7 Months, 18 DaySmy Career at Metro Lift can to an end my First Transit
Terminated Me from my employment affect Immedi
ately. I never thought my career will end this way put
it did. To this day I don’t have any regrets because here
at Metro Lift Bus Operator are been focus to Drive
App. 24
some very Long Hours, and some had work up to 14
hours in one day. We are aLso been focus to work-Mandatory Shift on one of our off days, and they the refuse
many are been Suspend of Fired from the job. So, that
means that the most of the drivers are only getting one
day off a week. This is an Example of what people cal
“Driver Fatigue” Also, because of these Accidents at
Metro Lift are through the roof, and that impact both
the Drivers, and the Clients that ride the buses, t no
at the point that Drivers are Quitting and Walk Out on
the job, and the Drivers left behind have to suffer for
it.
Whv You Relievo You We™ Discriminated Againstl
After Channel 13 News Investigates Ted Oberg
and Sarah Rafique air my story I kindly new that my
days was number. This is the company way
. ot getting
.
back at me for all the Heat they have coming their way
from Corporate Office, and Metro, and Social Media
about this problem. When I speak to another Transpor
tation Company they will tell me the same thing tha
without Drivers these companies will go out of business. That may be true, but my situation is a great exies will let their feels and
ample of how companies
emotion after the way they go there job.
Lastly, on Page 17 of the First Transit Handbook
Section A. Whistleblowing Policy it stated,
“Managers are charged with assuring that they
cmd their staff comply with the whistleblower
p-nw^nns and that, no retaliation occurs because
App. 25
of a reported safety related issue. Nothing ir,
BQhcy, our Whistleblowing Pnlicy, or HandhnnTr
prohibits an employee from reporting concerns tn
mmasharge or compljantwith^Equal Emnlnv^i
, ardi or any or federal, state nr WQ1
charged with the enforcement of any Laws ”
This Management Staff we have here at First
transit Inc. is not evening following their own Com-
rLHandb°0k’ °r d°ing With best for the company or
e Metro Lift Services. Metro who give First Transit
the contract does care either. Instead of do what right
by their staff their instead will put Profit before any
thing else. That I’m am filing a “Whistleblower ComP iant against my Employer First Transit Inc. and
may be this is what it going to take to finally make the
Metro Lift Services better for the Drivers and the Rid
ers.
[Notary Stamp Omitted]
Regards,
^ Joshua L. Marblev 10/22/2091
Joshua L. Marbley
App. 26
Agency(ies)
Charge of Discrimination Charge
Presented To: ~Charge~No(s):
This form is affected by D FEPA
the Privacy Act of 1974. ia EEOC 460-2022-00480
See enclosed Privacy Act
Statement and other
information before com
pleting this form.
TEXAS WORKFORCE COMMISSION and EE0C
rDTT mreTTS DIVISION------State or local Agency, ifany
(indicate Mr., Ms., Mrs.) (Home Phone Year of Birth
mt r°mT»i.miiRiw toaawil
------
Address
City, State and ZIP Code
13110 KUYKENDAHL ROAD, APT #1706, HOUSTON,
Named is the Employer, Labor Organization, Employ^
ment Agency, Apprenticeship Committee7 or^State or
Local Government Agency That I Believe Discrimi
nated Against Me or Others. (If more than two, list un
der PARTICULARS below)
Phone No.
No. Employees,
Name
Members
(512) 241-1000
15 -100
FIRST TRANSIT INC.
Name
No. Employees,
Members
Phone No.
Street Address
City, State and ZIP Code
App. 27
ISCRIMINAnuJN BASED ON DATE(S) DISCRIM1NA-'
{Kstiecti appropriate box(es).) TIONTOOK PLACE
Earliest
□ RACE □ COLOR □ SEX
Latest
□ RELIGION □ NATIONAL 10-19-2021 10-19-2021
ORIGIN m RETALIATION
□ CONTINUING |
□ AGE □ DISABILITY
ACTION
□ GENETIC INFORMATION
L____D OTHER (Specify)____
the PARTICULARS ARE (Ifadditional paper is
needed, attach extra sheet(s)):
I was employed as
I worked for Metro Life for over 8
concerns about Drivers being tired and falling asleep
which placed passengers and pedestrians at risk for
injuries. In June, July and August 2021,1 presented
my complaint before the Board of Director fo“0
I also complained to corporate. However, my concerns I
wereIgnored.I was bullied and harassed RespZien
&rsafellew 1
5 surveUlance cameras searching
L .r f ty vlola^°ns against me. I took my complaint
I i 7o MWS “edia and on September 23, 2021, Chan
nel 13 News Investigation Team aired my complaint
My story was viewed widely. Respondent was upset
about this story and on October 15,2021,1 was placed
on Administrative RemovaJ pending an investigation.
| On October 19, 2021, I was terminated. I was inormed that I had too many safety violations on my
recOTd wlueh is not true. I truly believe Respondent
retaliated against me because they were upset that I
reported them to the local news media.
App. 28
or local Agency, if any. I will Requirements
I
advise the agencies if X change
my address or phone number
and I will cooperate fully
with them in the processing
of my charge in accordance
I swear or affirm that I have
with their procedures.
I declare under penalty of read the above charge and
that it is true to the best of
perjury that the above is
my knowledge, information
true and correct.
and belief.
04.17 pm EST
COMPLAINANT
SUBSCRIBED AND
SWORN TO BEFORE ME
THIS-DATE
(;month, day, year)
I believe I am being discriminated and retabated
against in violation of Title VII of the Civil Eights
Act of 1964, as amended.
__________
f^this charge filed vdthtNOTARY - When necessary
both the EEOC and the State for State and Local Agency
or local Agency, if any. I will Requirements
advise the agencies if I change
my address or phone number
and I will cooperate fully
with them in the processing
App. 29
of my charge in accordance I swear or affirm that I have
with their procedures.
read the above charge and
I declare under penalty of that it is true to the best of
perjury that the above is
my knowledge, information
true and correct.
and belief.
Digitally signed by Joshua SIGNATURE OF
L Marbley on 11-08-2021 COMPLAINANT
04:17 PMEST
SUBSCRIBED AND
SWORN TO BEFORE ME
THIS DATE
jnonth, day, year)
App. 30
RESOLUTION 2022 -148
A RESOLUTION
AUTHORIZING THE PRESIDENT & CEO TO NEGO
TIATE AND EXECUTE A CONTRACT WITH FIRST
TRANSIT INC TO PROVIDE CERTAIN PARATRANSIT
VAN SERVICES FOR THE METROLIFT PROGRAM,
and making findings and provisions re
lated TO THE FOREGOING SUBJECT
WHEREAS, the Metropolitan Transit Authority of
Harris County, Texas (“METRO”) requires certain paratransit van services for the METROLift Program, in
cluding the provision of an operating facility, the hiring
and training of operators, supervision of the service,
maintenance of METRO-owned paratransit vehicles,
and other administrative functions needed to operate
4-L /-\
OQ*
i/iic aci viwj w.i*'*
WHEREAS, METRO issued a Request for Proposals
for such paratransit van services and the proposal
from First Transit Inc was determined by an evaluation committee to offer the most advantages and best
overall value to METRO; and
WHEREAS, management recommends that METRO
enter into a five (5) year contract with two (2) options
to extend the contract term for an additional one (1)
year period with First Transit Inc to provide these
paratransit van services for the METROLift Program,
with a maximum contract amount of $203,574,741.
App. 31
now, therefore, be it resolved that-
authorizes^he P^tTcEO^ *
oute a five (5) year conTaft wRh ^TT “d
tend the contract term f„r aT adS, P
40
Penod with First Transit Inc to provide one (1) year
paratransit
van services for the METROLift P
imum contract amount of $203,574^“' Wi‘h *
Section 2. This Resolution i
is effective immediately upon passage.
I hereby certify that the
above resolution is accu
rate ln describing the ac
tion herein of the Board of
Directors on the date be
low.
ATTEST:
Jessica Gonzalez
Assistant Secretary
Cydonii V. Fairfax
Executive Vice President
& General Counsel
PASSED this 17th day of
-November, 2022
APPROVED this 17th
day of November, 2022
Sanjay Ramabhadran
Chair
App. 32
Form #2201 Rev. 05/2020
SECRETARY
lsElt,
‘^1™*!-’"^" <>OT
SIMUMENTdIVISION
Austin, TX 78711-2887
512-463-6334
512-463-5569 - Fax
FiiiTiff Fee: None
OF OFFICER,21 JAN 6
AM8:03
Statement
XT 1 A Well
do solemnly swear (or affirm)
or indirectly paid, offered,
that I have not "ed> or promised to contribute
promised to pay, con
romised any public
any money or thing of value, or p
ithholding of a
office or employment for *e glV"* "l t d or as a reconfirmation,
vote at the election at
ward to secure my
whichever the case may be, so help me God.
Which Elected/Appointed: Judge,
Title of Position to
1 fiRt.h PistrjctCpurt
Execution
Under penalties of penury, I declme that Vt^£*
the foregoing statement and that the
therein are true.
Date: 1 January2020
Ursula Hall
Signature of Officer
I
App. 33
Form #2204 Rev. 09/2017
Submit to:
SECRETARY OF STATE
Government
Filings Section
P O Box 12887
Austin, TX 78711-2887
512-463-6334
FAX 512-463-5569
Filing Fee: None
This space reserved
for office use
[SEAL]
SECRETARY
OF STATE
OATH OF ELECTIONS
DIVISION
OFFICE
’21 JAN 8
AM9.-24
S™™ BY ™E AUTH0EITY 0F THE
I, Ursula A Hall
i „ ■,
.
that 11U faithfillly execute the duties6^ the
of--------- Judge. Ififith n;strict fW
of
the State of Texas, and will to
preseije protect, and defend the ConstitSLnblhty
and
aws of the United States and of this State, so help
me
Ursula Hall
Signature of Officer
App. 34
Certification of Person
Authorized to Administer Oath
Texas---------State of
County of Harris--------Sworn to and subscribed before me on this JL- day of
, 2021.
January,
(Affix Notary Seal,
only if oath
administered by a
notary.)
rtp.dra Davis-----------------:----Signature of Notary Public or
Signature of Other Person
Authorized to Administer An
Oath
r.ffPBA- DAVIS ------- =-------Printed or Typed Name
App. 35
Form #2201 Rev. 05/2020]
Filed in
Submit to:
O
ffice of
SECRETARY OF STATE
the Texas
Government Filings
[SEAL]
S
ecretary
Section P O Box 12887
STATEMENT
of
State
Austin, TX 78711-2887
OF OFFICER
512-463-6334
JAN 03 2023
512-463-5569 - Fax
Elections
Filing Fee: None
Division
Statement
I, Donna Roth____________
do solemnly swear (or
affirm) that I have not directly „
or indirectly paid, offered, promised to pay, contributed,
or promised to contribute
nnH. “y m0ney or thin8 °f value, or promised any
f“ 0f
f
the giving or withholdg of a vote at the election at which I was elected or
as a reward to secure my appointment or confirmation
whichever the case may be, so help me God.
Elected/Appointed: ^
Execution
Under penalties of perjury, I declare that I have read
the foregoing statement and that the facts stated
therein are true.
Date: January 1 9093
D. Roth
Signature of Officer
App. 36
Form #2204 Rev. 09/2017
Submit to:
SECRETARY OF STATE
Government
Filings Section
P O Box 12887
Austin, TX 78711-2887
512-463-6334
FAX 512-463-5569
This space reserved
for office use
Filed in
Office of
the Texas
[SEAL]
Secretary
of State
OATH OF
OFFICE jaN 03 2023
Elections
Division
Filing Fee: None
IN THE NAME AND BY THE AUTHORITY OF THE
STATE OF TEXAS,
I Donna Roth , do solemnly swear (or affirm^ that I
will faithfully execute the duties of the ofcce oiyajffi
nfthp09SthDistriA£°Mt------- of the State
and will to the best of my ability
defend the Constitution and laws of the umceo
and of this State, so help me God.
i f- Roth
Signature of Officer
App. 37
Certification of Person
Authorized to Administer Oath
State of
Texas
County of Harris
Sworn to and subscribed befo re me on this
of January
2023.
1st day
(Affix Notary Seal,
only if oath
administered by a
notary.)
Robert K Schaffer
Signature of Notary Public or
Signature of Other Person
Authorized to Administer An
Oath
ROBERT K SCHAFFF.P
Printed or Typed Name
App. 38
[retrieved from https://foovc.org]
Violation of Oath of Office and
Walker v Members of Congress
In refusing to obey the law of the Constitution and
call _
an Article V Convention when required to do so,
the members of Congress not only violated federally
romp tax law but their path of office as well. The Com
stitution requires that all members of Congress must
take an oath of office to support the Constitution before
assuming office. In order to comply with the Constitution, Congress has enacted federal laws to execute and
enforce this constitutional requirement.
Federal law regulating oath of office by govern
ment officials is divided into four parts along with an
executive order which further defines the law for pur
poses of enforcement. 5JiaOJ3ai, provides the text
of the actual oath of office members of Congress; are
required to take before assuming office. 5 U.b.U 6666
requires members of Congress sign an affidavit that
they have taken the oath of office required by 5U.SL,
3331 and have not or will not violate that oath of office
during their tenure of office as defined by the third part
of the law, * TTS.G 7311 which explicitly makes it a
federal criminal offense (and a violation of oath of of
fice) for anyone employed in the United States Govern
ment (including members of Congress) to “advocate the
overthrow of our constitutional form of government .
The fourth federal law, 18 U.SUU918 provides penal
ties for violation of oath office described in 5 UUU
App. 39
7M1 which include: (1) removal from office and- (2)
confinement or a fine.
The definition of “advocate” is further specified in
Executive Order 10430 which for the purposes of en
forcement supplements .5U.S.C.7311 One provision of
Executive Order 10430 specifies it is a violation of 5
7311 for any Person taking the oath of office to
advocate “the alteration . .. of the form of the govern
ment of the United States by unconstitutional means ”
Ourfom^™ is defined by the Constitution
of the United States. It can only be “altered” by consti
tutional amendment. Thus, according to Executive Orderl0450 (and therefore 5U.S. 7311) any act taken by
government officials who have taken the oath of office
prescribed by 5JJ.S.C. 3331 which alters the form of
government other by amendment, is a criminal viola
tion of the 5 U.S.C. 7311
Congress has never altered the Article V Convention clause by constitutional amendment. Hence ^
the
original language written in the law by the Framers
!fd lts —lgmal intent remains undisturbed onrl Ww
that law specifies a convention call is peremptory on
Congress when the states have applied for a convention call and uses the word “shall” to state this. The
gtates have applied. When members of Congress diso
bey the law of the Constitution and refuse to issue a
c 1 for an Article V Convention when peremptorily re
quired to do so by that law, they have asserted _a veto
power when none exists nor was ever intondoH to exist
in that law. This veto alters the form of our government by removing one of the methods of amendment
App. 40
proposal the law of the Constitution creates. Such al
teration without amendment is a criminal violation o
KTTS.C. 7311 and 18U.S.C. 1918.
In addition, the members of Congress committed a
second criminal violation of their oaths of office regard
ing an Article V Convention call. 5 IJ.S.C. 7311 clearly
specifies it is a criminal violation for any member of
Congress to advocate the overthrow of our constitu
tional form of government. The definition of the word
“advocate” is to: “defend by argument before awtribunal
or the public: support or recommend publicly.
The single intent of the federal lawsuit Walker v
Members of Congress (a public record) was to compel
Congress to obey the law of the Constitution and call
an Article V Convention as peremptorily required by
,, , i
j.i___ intent nf which has never altered
by constitutional amendment. The lawsuit was brought
because Congress has refused to obey the law of the
Constitution. Such refusal obviously establishes the
objective of the members of Congress to overthrow our
form of government by establishing they (the members
of Congress) can disobey the law of the Constitution
and thus overthrow our constitutional form of government.
The word “peremptory” precludes any objection
whatsoever by members of Congress to refuse to call
an Article V Convention. This peremptory preclusion
certainly includes joining a lawsuit to oppose obeying
the law of the Constitution and it may be vetoed by
members of Congress. That act not only violates the
App. 41
law of the Constitution but 5U.S.C. 7311 as well. When
the members of Congress joined to oppose Walker v
Members of Congress their opposition became part of
the court record and therefore a matter of public rec
ord. Thus, regardless of whatever arguments for such
opposition were presented by their legal counsel to jus
tify their opposition, the criminal violation of the oath
of office occurred because the members of Congress
joined the lawsuit to publicly declare their opposition
to obeying the law of the Constitution. Comments
App. 42
[SEAL]
ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS
WASHINGTON, D.C. 20544
MICHAEL L. SMITH
JAMES R. BAUGHER
Chief Human
Associate Director
Resources Officer
Department of
Administrative Services Human Resources Office
August 1, 2023
Mr. Joshua L. Marbley
535 Seminar Dr #283
Houston, TX 77060
Dear Mr. Marbley:
This is in response to your request for a copy of the
oath of office form for two United. States Judges. The
Administrative Office of the United States Courts does
not release copies of a judge’s signed oath of office.
However, this letter will confirm that the following
judges have been appointed as judges of the Southern
District of Texas and took the oath of office prescribed
by law as noted below. The text of the oath of office for
judges may be found in the United States Code at 28
U.S.C. § 453 and 5 U.S.C. § 3331. Please also note that
United States Judges are not issued bonds.
Name and Title
Oath of Office Date
Charles Eskridge, III
District Judge
October 22, 2019
App. 43
Andrew S. Hanen
District Judge
June 6, 2002
Please note that our office does not maintain personnel
records for case managers.
Thank you for your inquiry.
Sincerely,
/s/ [Illegible]
Judges Compensation and
Retirement Division
Enclosure
App. 44
SUPREME COURT OF THE UNITED STATES
OFFICE OF THE CLERK
WASHINGTON, DC 20543-0001
March 21, 2023
Joshua Marbly
535 Seminar Drive, #283
Houston, TX 77060
RE: Marbley v. Houston, et al.
USCA5 No. 22-20451
Dear Mr. Marbly:
The above-entitled petition for a writ of certiorari
was postmarked March 18, 2023 and received March
21,2023. The papers are returned for the following reason(s):
The petition is out-of-time. The date of the lower
court judgment or order denying a timely petition for
rehearing was November 28, 2022. Therefore, the petition was due on or before February 26, 2023._ _ Rules
13.1, 29.2 and 30.1. When the time to file a petition for
a writ of certiorari in a civil case (habeas action in
cluded) has expired, the Court no longer has the power
to review the petition.
The time for filing a petition for a writ of certiorari
is not controlled by the date of the issuance of the man
date. Rule 13.3.
In addition, a paid petition must be in booklet for
mat and on paper that measures 6 1/8 by 9 1/4 inches.
Rule 33.1(a).
i
;
App. 45
Your money order in the amount of $300 i
is returned.
Sincerely,
Scott S. Harris, Clerk
By:
Is/ Lisa Nesbitt
Lisa Nesbitt
(202) 479-3038
Enclosures
App. 46
SUPREME COURT OF THE UNITED STATES
OFFICE OF THE CLERK
WASHINGTON, DC 20543-0001
November 20, 2023
Joshua Marbley
535 Seminar Drive, Apt. #283
Houston, TX 77060
RE- Marbley v. First Transit, et al.
TX CoA 14th Dist. No. 14-23-00416
Dear Mr. Marbley:
The above-entitled petition for a writ of certiorari
rked November IS, 2023 and received Nowas postma
vember 17, 2023. The papers are returned for the following reason(s):
first be reviewed by a United
Your case must
.
States court of appeals or by the highest state court in
could be had. 28 USo x254 ana *2o ■ •
which a decision
Your check in the amount of $300.00 is returned.
Sincerely,
Scott S. Harris, Clerk
By:
/s/
Lisa Nesbitt
(202) 479-3038
App. 47
State Commission on Judicial Conduct
Officers
[SEAL]
Executive Director
Gary L. Steel, Chair
April 27,2023 Jacqueline R.
Janis Holt,
Habersham
Vice-Chair
Ronald E. Bunch,
Secretary
Members
Valerie Ertz
Clifton Roberson
Kathy R Ward
Wayne Money
Andrew M.
“Andy” Kahan
Ken Wise
Cary F. Walker
Tano E. Tijerina
Clifford T. Harbin
Chace A. Craig
CONFIDENTIAL
Joshua Marbley
535 Seminar Drive Apt. #283
Houston, TX 77060
Re: CJC No. 23-0568
Dear Mr. Marbley:
We are continuing our investigation into the com
plaint you filed with us on 4-25-23. We sincerely appre
ciate your patience in this time-consuming process.
However, we need additional information from you
regarding this matter. In order for us to complete the
investigation, we ask that you respond to the questions
App. 48
contained in item QC-1 attached hereto. Please write
or type your answers in the space provided below each
question. If you need more space, please feel free to
attach additional pages. Additionally, please sign and
date your answer. Also, since it may be necessary to
contact you for additional information, please keep us
informed of any change to your address and/or telephone number.
We will be presenting this matter to the Commission as soon as we have completed our investigation,
and we will notify you of its decision. If you should have
any questions in the meantime, however, you may con
tact this office.
Keep in mind the Commission does not have the
authority to give legal advice or change the ruling of
arw court. Also, please understand that -the Commis
sion’s jurisdiction is limited to the review of allegations
of judicial misconduct and does not preclude other
remedies that may be available to you.
Thank you for your assistance and cooperation in
this matter. We do appreciate your help in maintaining
the integrity of the judiciary. Please provide your responses within fifteen (10) days of receipt of this letter.
You can email your response to i nformation@sq c.texaa,
gov If you submit your response via email, please inelude your CJC number in the subject line.
STATE COMMISSION ON
JUDICIAL CONDUCT
App. 49
2/8/23,12:02 PM -The Judge Is Not Happy’: Houston
Jurist Sanctioned for Not Ruling
on Discovery Motions | Texas Law
yer - Jackson Walker
[LOGO] | Jackson Walker
The Judge Is Not Happy’: Houston Jurist
?“^tNotRuIingonDiscoveiyMotio”s i
November 17, 2020 | Mentions
As a member of the Texas Commission on Judicial Con
duct, Jackson Walker partner Chip Babcock spoke with
Texas Lawyer about the Commission’s sanction against
lBWh ItT-3* n31’’ Wh° presides over
County’s
165th District Court. Hall appealed the sanction to the
Texas Supreme Court, which will appoint a special
court of review to hold a new trial over the judicial
grievance.
The judge is not happy with the ruling,” Chip said. By
and large, there was no motion pending before her to
rule on. As for the recusal motion, it was never pre
sented to her until the day that she ruled. She didn’t
know about it until the day she ruled. When she knew
about it, she ruled right away.”
To read more, view the Texas Lawyer article “‘The
^Ldge Is Not Happy’: Houston Jurist
----^ fnr
Not Ruling on Discovery
(subscripti on required).
App. 50
Meet Chip
Houston partner Charles I, Rahcock is a nationally
recognized trial and appellate attorney. Chip s practice
experience includes bet-the-company litigation First
Amendment litigation, commercial litigation, intellec
tual property litigation, government investigations,
media litigation, and appellate litigation. In addiion
to receiving the Ronald D. Secrest Outstanding Trial
Lawyer Award from the Texas Bar Foundation, Chip
has been named a “25 Greatest Texas Lawyer of the
Past Quarter Century” by Texas Lawyer and a Fellow
of the American College of Trial Lawyers.
2/8/23, 12:04 PM DISCIPLINARY ACTIONS
Bar Journal: January. 2021
Texas
Miscellany
DISCIPLINARY ACTIONS
JUDICIAL ACTIONS
To read the entire public sanctions, go to scjc.texas.gov.
On November 12,2020, the State Commission on Judi
cial Conduct issued a public war“^
“f * '
ditional education to WILLIAM C. BOSWORTH JR.,
judge of the 413th Judicial District Court, Cleburne,
Johnson County.
On October 28,2020, the State Commission on Judicial
Conduct issued a public warning and order of addi
tional education to KELLY CROW, justice of the
peac e, Precinct 3, Katy, Fort Bend County.
App. 51
On October 28, 2020, the State Commission on Judi
cial Conduct issued a public warning and order of ad
ditional education to URSULA HALL, judge of the
165th Civil District Court, Houston, Harris County.
This sanction is currently on appeal before the Special
Court of Review.
On November 12, 2020, the State Commission on Ju
dicial Conduct issued a public admonition to BILL
METZGER, former justice of the peace, Precinct 2,
Place 2, Mesquite, Dallas County.
On November 12,2020, the State Commission on Judi
cial Conduct issued a public warning to KEN MOLBERG, former judge of the 95th Civil District Court,
Dallas, Dallas County.
On October 28,2020, the State Commission on Judicial
Conduct issued a public admonition and order of addi
tional education to ROBERT RICHTER, municipal
court judge, Missouri City, Fort Bend County.
On October 28,2020, the State Commission on Judicial
Conduct issued a public warning and order of addi
tional education to LISAR. WOODARD, justice of the
peace, Precinct 8, Fort Worth, Tarrant County.
On December 3, 2020, the State Commission on Judi
cial Conduct issued a public warning (nunc pro tunc)
to KEN MOLBERG, former judge of the 95th Civil
District Court, Dallas, Dallas County.
App. 52
BODA
On November 6, 2020, the Board of Disciplinary Ap
peals issued a judgment revoking probation and ac
tively suspending respondent from the practice of law
for Dallas attorney WARD BRACKETT BENNETT
DAVISON [#24066787], 40, from an agreed judgment
of partially probated suspension by the evidentiary
panel of the State Bar of Texas District 6 Grievance
Committee. Respondent appeared pro se. BODA Cause
No. 64755.
OFFICE OF THE MAYOR
Press Releases
MAYOR’S OFFICE PRESS RELEASE
Mayor Sylvester Turner Names New Chair
Of METRO’S Board Of Directors
Selection Is The Mayor’s Second
Historic Appointment To Lead The Agency
February 17, 2022 - Mayor Sylvester Turner on
Thursday nominated a well-Mayor’s Home Page re
spected engineer, long-time community leader, and cur
rent METRO board Ceremonial Documents member to
serve as the next Chair of the public transit agency.
App. 53
a*
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Sanjay ‘Ram” Ramabhadran has served on the METRO
Board of Directors since May 2015 and is the current
Chair of the Capital & Strategic Planning Committee
and a member of the Finance & Audit Committee. He
has helped oversee the planning, design, construction,
and launch of major projects, including METRONext,
that enhance mobility throughout the region. These pro
jects include a multi-million-dollar program ensuring
universal accessibility for passengers with a range of
disabilities. He also worked to expand METRORapiVl
the agency’s bus rapid transit (BRT) service. Initially
a single north-south route connecting Uptown to two
major transit centers, the service will also include the
nner Katy Line, connecting Uptown and downtown,
and the University Line, which will be the longest BRT
line in the nation. He is working to enhance the travel
time, reliability, and access for 17 of METRO’S high ridership bus routes as part of the BOOST initiative.
App. 54
“As a prepared and proven leader, Sanjay is ready tp
steer Texas’ largest metropolitan transit authority,
Mayor Turner said. “His leadership will play a big role
in getting the ambitious METRONext and other pro
jects right.”
“It is an honor of a lifetime to serve the City of Houston
and the entire region. I truly appreciate the trust ami
confidence in me to build the future of METRO. I look
forward to working with my colleagues on the MET
Board, the CEO, and the 4,100 strong METRO family,
said Ramabhadran. “These men and women are front
line heroes in their own right. 24/7 and 365 days a year,
they work to move Houstonians. Not just during a reg
ular work week or for a baseball game, but when it is
most needed, during a flood, hurricane, or pandemic.”
Ramabhadran will replace Carrin Patman, wha is
stepping down following her nomination by the Biden
Administration to serve as ambassador to Iceland.
She is METRO’S first woman to serve as board chair,
appointed in 2016 by Mayor Sylvester Turner. She pre
viously served as a METRO board member from 2010
to 2013.
As Chair, Carrin led the successful passage of the $3.5
billion METRONext bond measure. METRONext calls
for 500 miles of travel improvements in the region over
the next 20 years.
“I am grateful to Carrin Patman for all she has done
in the advancement of providing safe, clean, reliable,
App. 55
accessible, and friendly public transportation services
to our region,” said Mayor Turner.
Patman s last day as METRO Chair will be Thursday
February 24, 2022.
Ramabhadran will be the first Indo-American who will
serve as METRO s Chair. Combined with his historic
appointment of Patman as the first woman to lead
METRO’S board of directors, Mayor Turner said the
appointments of two accomplished individuals under
score Houston’s strength as a diverse and inclusive
city.
“There is incredible talent in our city. That gives ___
me
hope that no matter what challenges we face, we will
overcome those challenges if we work together,” Mavor
Turner said.
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App. 56
SETTLEMENT offer
Mr. Joshua L. Marbley
Pro-Say Litigant
535 Seminar Drive Apt #283
Houston, Texas 77060
Phone:(713)885-5491 .
Effective Date: November 28, 2022
RE: “4th Attempt” Settlement Offer
Dear Metropolitan Transit Authority “Board of
Directions”
.
„
Mr. Sanjay Ramabhadran, P.E., Chair (C), Mr. Don
Elder Jr., First Vice-Chair (M), Mr. Robert Trevino,
P.E. Second Vice-Chair (H), Mr. Troi Taylor, Secretary
(C), Mr. Lex Frieden (C), Mr. Bob Fry (M), Mr.
Christopher G. Hollins (H), Mrs. Diann L. Lewter (C),
Mrs. Terry Morales (C)
1900 Main Street
Houston, Texas 77002
Phone: (713) 739-4834
Dear MrrTliomas-C.-Lambert:------------ - •
- •••
President and CEO of Metropolitan Transit Autnomy
of Harris County
14th Floor
1900 Main Street, Houston, Texas 77002
(713) 739-4832
Dear Mrs. Norasha L. Williams
Texas State Bar No: 24013759
1900 Main Street
Houston, Texas 77002
Phone: (713) 615-6743
Email: Norflfiha.wi11iams@ridemetro.org
Attorney for Defendant
Metropolitan Transit Authority of
Harris County, Texas
App. 57
This letter of intent is a formal notice that Mr.
Joshua L. Marbley is reaching out to the Metropolitan
Transit Authority one of the Defendant in my Lawsuit
Case Number “4:22CV-01367” with a Settlement Offer.
As you all are aware on Monday August 29, 2022, the
United States Court of Appeals Fifth Circuit received
my complaint. On Friday September 16, 2022, the
United States Court of Appeals Fifth Circuit sent me
a letter in the mail, and also “CC” the letter to Mrs.
Barbara Callistien, Mrs. Norasha Williams, and Mr.
Charles Wilson that upon determination of jurisdiction, notice will be issue for the next Procedural Step
to be taken for your Appeal to Proceed.
On Friday October 21, 2022, I filled my Appeal
with the Board of Disciplinary Appeals Appointed by
The Supreme Court of Texas against the Attorney on
Record Mrs. Norasha Lynn Williams, Mrs. Carolyn
Lilian Martin, Mr. Charles Howard Wilson, and Mrs.
Nathaniel J. Higgins. On Tuesday October 25, 2022,1
received a letter in the mail from Mrs. Jackie Truitt
Executive Assistant’ for The Board of Disciplinary Ap
peals Appointed by The Supreme Court of Texas. She
was informing me that they have received my Appeal
from dismissal of your grievance against Mrs. Norasha
Lynn Williams, Mrs. Carolyn Lilian Martin, Mr.
Charles Howard Wilson, and Mrs. Nathaniel J. Hig
gins. After they review it, then will notice all parties in
writing of the Board decision.
On Thursday November 3, 2022, the Initial Case
Check by the Attorney Advisor was completed. Now
they have recommendation that my Case Number
App. 58
“22-20451” in the United States Court of Appeals
.
“Fifth Circuit” be submit to the court for jurisdictional
review.
I. The Plaintiff. Joshua L. Marbley (the “Plaintiff’).
II. The Defendant. Metropolitan Transit Authority
of Harris County, (the “Defendant”).
III. Settlement Demand. As a result of your ac
tions, the Plaintiff seeks relief in the form of: Violation
of Texas Whistleblower Act, Title 7 of Civil Rights Acts,
Texas Public Information Act, 42 U.S.C. 1983, National
Transit System Security Act, National Labor Act, and
Federal Motor Carrier Safety Administration.
m - Payment in the amount of $80,000,000.00 Dollars
□ - Other: [OTHER SETTLEMENT DEMAND]
Please respond by the 5th day of December 2022 to set
tle this matter out of court. I would like to resolve in
amical matter. We can also negotiation this settle
an
ment offer as well.
IV. Governing Law. This Letter of Intent shall be
governed under the laws of the State of Texas.
Sincerely,
/s/ Josh Marbley 11/28/2022
App. 59
SETTLEMENT OFFire
Mr. Joshua L. Marbley
Pro-Say Litigant
535 Seminar Drive Apt #283
Houston, Texas 77060
Phone: (713) 885-5491
Effective Date: November 28, 2022
RE: “4th Attempt” Settlement Offer
Dear Mr. Bradley A. Thomas:
President and CEO of First Transit Inc.
600 Vine Street, Cincinnati, OHIO 45202
(513) 241-2200
This letter of intent is a formal notice that Mr
Joshua L. Marbley is reaching out to First Transit Inc.
«foo°lthe Defendant in my Lawsuit Case Number
.-22-CV-01367” with a Settlement Offer. As you all are
aware on Monday August 29, 2022, the United States
Court of Appeals Fifth Circuit received my complaint.
On Friday September 16, 2022, the United States
Court of Appeals Fifth Circuit sent me a letter in the
mail, and also “CC” the letter to Mrs. Barbara Callistien, Mrs. Norasha Williams, and Mr. Charles Wilson
t at upon determination of jurisdiction, notice will be
issue for the next Procedural Step to be taken for
your
Appeal to Proceed.
On Friday October 21, 2022, I filled my Appeal
with the Board of Disciplinary Appeals Appointed by
The Supreme Court of Texas against the Attorney on
Record Mrs. Norasha Lynn Williams, Mrs. Carolyn
Lilian Martin, Mr. Charles Howard Wilson,
and Mrs.
App. 60
Nathaniel J. Higgins. On Tuesday October 25, 2022 I
received a letter in the mail from Mrs. Jackie Truitt
“Executive Assistant’ for The Board of Disciplinary ppeals Appointed by The Supreme Court of Texas. She
was informing me that they have received my Appeal
from dismissal of your grievance against Mrs. Norasha
Lynn Williams, Mrs. Carolyn Lilian Martin, Mr. Charles
Howard Wilson, and Mrs. Nathaniel J. Higgins. After
they review it, then will notice all parties in writing ol
the Board decision.
On Thursday November 3, 2022, the Initial Case
Check by the Attorney Advisor was completed. Now
they have recommendation that my Case Number 2220451” in the United States Court of Appeals Fitth
Circuit” be submit to the court for jurisdictional review.
I.
The Plaintiff. Joshua L. Marbley (the “Plaintiff’).
II.
The Defendant. First Transit Inc. (the “Defend
ant”).
III. Settlement Demand. As a result of your ac
tions the Plaintiff seeks relief in the form of: Violation
ofTexas Whistleblower Act, Title 7 of Civil Rights Acts
Texas Public Information Act, 42 U.S.C. 1983, National
Transit System Security Act, National Labor Act, and
Federal Motor Carrier Safety Administration.
m- Payment in the amount of $80,000,000.00 Dollars
□ - Other: [OTHER SETTLEMENT DEMAND]
Please respond by the 5th day of December 2022 to set
tle this matter out of court. I would like to resolve in
App. 61
an amical matter. We can also negotiation this settlement offer as well.
IV. Governing Law. This Letter of Intent
shall be
governed under the laws of the State of Texas.
Sincerely,
/s/JoshMarbley 11/28/2022
App. 62
cttttt F.MENT OFFER
Mr. Joshua L. Marbley
Pro-Say Litigant
535 Seminar Drive Apt #283
Houston, Texas 77060
Phone: (713) 885-5491
Effective Date: November 28, 2022
RE: “4th Attempt” Settlement Offer
Dear Mr. Sylvester Turner:
Mayor of City of Houston.
901 Bagby Street
Houston, Texas 77002
Dear Mrs. Carolyn L. Martin
Texas State Bar No.
24112888
P.O. Box 368
Houston, Texas 77001-0368
Phone: (832) 393-6259
Dear Mr. Donald J Fleming
Texas State Bar No;
07122500
P.O. Box 368
tttOUStOll,
-t i „ m__
^nni-nsfift
itAaa . ,wv/^
Phone: (832) 393-6303
Fax: 832-393-6259
Email: D on ,fleming@
Email: r.*mWn.Martin@
>1 nn st.nntx.gov
Vmnstontx.gov
Attorney for Defendant Attorney tor Defendant
Le^d Department
^Department
Dear Mrs. Barbara Callistien
Texas State Bar No: 03664400
P.O. Box 368
Houston, Texas 77001-0368
Phone: (832) 393-6259
Email: Borhara.Callistien^ioustonfegQv
Attorney for Defendant
City of Houston Legal Department
App. 63
This letter of intent iis a
•22-CV- 367 Wlth a Settlement Offer. As you all are
aware on Monday August 29, 2022, the United States
On
f T 16, 2022,
n°^ed
** States
On Frida
FridayT
September
the United
Court of Appeals Fifth Circuit sent me a letter in the
mad and also CC” the letter to Mrs. Barbara Callisien Mrs. Norasha Williams, and Mr. Charles Wilson
that upon determination of jurisdiction, notice will be
issue for the next Procedural Step to be taken fo
r your
Appeal to Proceed.
.
F"day 0ctober 21, 2022, I filled my Appeal
with tlie Board of Disciplinary Appeals Appointed by
The Supreme Court of Texas against the Attorney on
Record Mrs, Norasha Lynn Williams, Mrs. Carolyn
ilian Martin, Mr. Charles Howard Wilson, and Mre
Nathaniel J. Higgins. On Tuesday October 25, 2022 I
received a letter in the mail from Mrs. Jackie Truitt
Executive Assistant’ for The Board of Disciplinary
Appeals Appointed by The Supreme Court of Texas
She was informing me that they have received my Ap
peal from dismissal of your grievance against Mrs
Norasha Lynn Williams, Mrs. Carolyn LiL Martin,'
Mr. Charles Howard Wilson, and Mrs. Nathaniel J.
Higgins. After they review it, then will notice all parties in writing of the Board decision.
P
c^IT^aL^Z2022’
the Initial Case
was completed. Now
they have recommendation that
my Case Number
App. 64
.. United States Court of Appeals
“22-20451” in the
submit to the court for jurisdictional
“Fifth Circuit” be
review.
I. The Plaintiff. Joshua L. Marbley (the “Plaintiff”),
II. The Defendant. The City of Houston, (the “De
fendant”).
result of your acof Texas Whistleblower Act, Title 7 of Civil Rights Acts
“ubHc Infonnation Act. 42 U.S.C 1983. ^ona.
Transit System Security Act, National Labor Act, and
Federal Motor Carrier Safety Administration.
H - Payment in the amount of $80,000,000.00 Dollars
□ - Other: [OTHER SETTLEMENT DEMAND]
Please respond by the 5th day of December 2022 to setan
ment offer as well.
IV. Governing Law This Letter of Intent shall be
governed under the laws of the State of Texas.
Sincerely,
/s/ .Tnsh Marbley 11/28/2022
App. 65
metropolitan transit authority
CONTRACT NO. CT1600002
FOR
OF pARATRANSIT
VAN TRANSPORTATION SERVICES
BY AND BETWEEN
FIRST TRANSIT, INC.
600 VINE STREET
SUITE 1400
CINCINNATI, OH 45202
AND
THE METROPOLITAN TRANSIT AUTHORITY
OF HARRIS COUNTY, TEXAS
FUNDING: Local and Federal Funding
Metropolitan Transit Authority
Procurement Division
1900 Main Street
P.O. Box 61429
Houston, Texas 77002
7 TERMINATION FOR
CONVENIENCE OF
METRO
A. METRO, ma^ terminate the Contract at any
tune after award of the Contract by written notice to
the Contractor if METRO determines that such terminot
8 8‘ intereSt Upon receiPt of written
notice of termination, the Contractor shall cease ner
nltToTVT
nation. In the event of termination in whole, the
App. 66
Contractor shall prepare a final invoice withm thirty
seroicefs^actual^funSteiH^auant^toe Co^ract
and to the satisfaction of METRO, that have not appeared on any previous invoice.
B METRO agrees to pay the Contractor, m ac
cordance with the terms of the Contract, for con arm
ing service(s) actually furnished and verifiable.costs
thlt have been incurred or will be incur™i by «re
—
tion costs shall be in
Acquisition Regulations (FAR).
8 TERMINATION for default
A METRO may, subject to Paragraphs D. and E.
below; by written notice of default to
Conta£*
terminate this Contract in whole or in part if the
tractor fails to perform the services within the time
Id in the manner specified in this Contract or any mitension thereof; or fails to perform any of the other pro
visions of this Contract.
B. METRO’S right to terminate this Contract
mav be exercised if the Contractor does not cure the
conditions constituting default
ten
conditioner-. within
as may be
“tit
?r.
au
ipt of the notice from the Contracting Officer spec
recei
ifying the failure.
App. 67
C. If METRO terminates this Contract it mav
tSOffier ^ ^ ^ ^ ^
Com
METEoraTet“sdctetsC°ntraCt0r
^*
to tw?
C°nsiders aPPropriate, services similar
SECTION XI federal requirements ar.
TICLES
1
FEDERAL CHANGES
cable
ha“8t811 tim6S»ithall.ppli-
«onS, pouci T;rd
rr^tr thrlisted *n,ay °r b*
timedu/ngth^fthLcrrarContrctor’s
““fail-‘°
ure to so comply shall constitute
a material breach of
this Contract.
App. 68
45 Years of Service: METRO Board Honors
Retiring President & CEO Tom Lambert
Release Date: Dec. 14, 2023
Media Hot Line: 713.739.4040
METRO Board Honors Retiring
President & CEO Tom Lambert
Itf.M
5T*]
?
* i
i
M|na
& I
;cf
sr
IStj
The METRO Board of Directors honored
ident & CEO Tom Lambert on Thursday for his
maskable 45 years of service to the Authority.
During its regular meeting, the Board recognised Lam
bert wRh a proclamation that highlighted his advocacy
for enhanced customer experience, his commitmen
public safety and his contributions that improved p
lie transit throughout the Houston region.
“Mr Lambert, it’s been an absolute honor working with
vou ” said METRO Board Chair Sanjay Ramabhadran.
“What you’ve done for Houston, the region and the
App. 69
appreciate i^evl ^ ^®Clate h toda^ and we will
appreciate it even more 10,20, 30 years from now”
Ramabhadran also announced the creation of the
homas C. Lambert Conference Center, a meeting faci1 y ocated on the second level of METRO’S Leo P
Brown Administration Buildi
K
mg in downtown.
Lambert reflected on his decades at METRO which in
StodedT7haiIe?gf SUCh aS Hurricane Harvey, Winter
Storm Un and the COVID-19 pandemic.
TVe took care of the customers, but we also made sure
I am honored to have had the o
pportunity to spend a
few years here, and I just
want to thank you very
much.”
;
App. 70
Mike -DeMarco, Chief Show Operations Officer for the
Houston Livestock Show ft Kodeo, was ^ong local
’s meetleaders who made remarks during
ur* ,a metcq
ing He underscored the strong partnership METRO
has with the Rodeo, having provided millions of ride
to and from the annual event since the construction
NRG Park.
“I want to say thank you to you Tom,” said DeMarcn
“Without the support, we would never
successful as we are today-without a comprehensive
transit program”
Lambert began serving as presiident & CEO in 2013.
awards and
He and METRO have received numerous
recognitions, including.
. the 2016 and 2020 “Outstanding
nortation System Achievement twain ..om
^te American Public Transportation Associa
. ffi^ffUSAPTA “Outstanding Manager Award”
. the 2019 APTA “Rail Safety and Security Ex. the2018AHA “Bus Safety and Security Excel• the2017 Thxas Transit Association “Outstand
ing Metropolitan Transit System Award
Lambert joined METRO in 1979, its.firstffiUyeav^
operation. Following the creation of the MET P I
Department in 1982, Lambert became its first chief o
police. He has also served as chief administrative offirer and executive vice president.
App. 71
exPanded light
M™0>s .Ultimatft°r^WhlCh heI<*d “h
He continues to
that
.uencyhV^s^p^rrCorf ^
ensure they meet or «J%a£ ££££“ ^ to
Lambert will continue to
serve as president & CEO
through Dec. 31.
Watch: Tom Lambert Reflect*
sn METRO’*
Achieve™ or, fc.
■*»
is^i
VJ&X y?s?
Click to watch this video series on YouTube.
App. 72
The Metropolitan Transit Authority of Harris County
3SSS l -
S
vider, offering sa e,
^ METRO’S transit netMrkd!ncXPLiiM. MEIEM; wU* mdudes
WO
T ine(EastEnd) and the EarpleLme (SflBifcsaslUa*serSSdT^tet buses, Mf»^ticro.
Focused on mvesUng^
^ ^jgQlIexl
1166
EscsariBan. METRO is also the first transit
Moving
Mpr^T^thTregion to pilot autonomous vehicle
Tune technlgy. heart, more about METRO services
S“i!r?RO«. where you will also find useful
toobhkTSTidSlElEaJIBB where you canplan
yot trip and even pay your fare ta your phone.
[LOGOI
S
App. 73
Case No. 202209776
MARBLEY, JOSHUA
*
* ?1THE DISTRICT COURT
VS.
*
HARRIS COUNTY
Ur
* HARRIS COUNTY, TEXAS
* 295th JUDICIAL DISTRICT
notice of intent to dismiss NO FINAL ORDER
To AU Counsel and Pro Se Parties:
«m«T.
mission is set on 02-19-2024 at 08:00 AM on the
CUTIONMfa fi°
P°R WANT OF PROSe!
approved by the court at'or^iefore^hetime^ft^eh
earPROSEOTTZOn! be DISMISSED FOR WANT OF
thel
Me a verged m ZT “T‘° a™id
- “r r*r*c=r-
Rule
If you file a verified motion to retain you DO NOT
sion Docket
DISMISSED FOR want of raosEc™e eing
.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.