A 16-year Vicksburg Fire Department employee appealed his August suspension and demotion before the Civil Service Commission on Wednesday, with both sides agreeing a letter to the editor printed before municipal elections was the crux of the case.

Attorney Lisa Ross said “political retribution” was handed to her client, Lt. James Montgomery, formerly a captain, based on his letter printed April 14.

Attorney Walterine Langford, representing the city, said the letter violated civil service rules because it was political.

The three-member commission took testimony for three hours and is expected to vote whether to reverse, uphold or modify the city’s action within 10 days. Appeals by either side would go to Warren County Circuit Court.

“We have been told disciplinary action was taken because the information in his letter was false and misleading,” Ross told the commission. “This is political retribution on Mr. Montgomery.”

North Ward Alderman Michael Mayfield agreed, testifying for Montgomery after voting Aug. 4 against the demotion and two-shift suspension without pay.

Langford presented the opposite view. “Mr. Montgomery was engaging in political activity in violation of civil service rules,” she said. “He was very deceptive in his letter. It is our contention it was an effort to sway the election.”

Montgomery’s letter followed one from resident Lisa Langley, printed April 10 and praising Mayor Laurence Leyens, then seeking re-election, for rewarding city employees with pay raises. Montgomery’s letter refuted her statement.

“It may be true for all the department heads, but it surely isn’t true for the vast majority of the city employees, especially for the fire department,” the letter said. “I am a captain on the fire department and I haven’t received any such pay raise! In fact, none of the captains, lieutenants or privates have received any such pay raises.”

Montgomery’s letter also said he did not support Leyens’ administration. “Ms. Langley did make a statement in her article that I also agree with and that was that all city employees should vote for what they feel is right in this upcoming election. This is why the present administration shall not receive my vote,” his letter said.

However, testimony showed Montgomery is not a city resident, so he was ineligible to vote in the May primary or June general election contests.

Leyens, who was re-elected to a second four-year term, testified that Montgomery “was obviously taking a political position in the height of a political season. And his statements were false. It is very clear he was trying to influence the election.”

Fire Chief Keith Rogers, who made the disciplinary recommendations, echoed the mayor.

“Everything in the letter was misleading,” he said during questioning. “When I read the letter in the paper, I was pretty disturbed with it. The paragraph about employee pay raises is a blatant lie.”

Rogers testified that Montgomery has received several pay raises for completing training courses and for longevity. Director of Human Services Lamar Horton agreed.

The issue of whether fire personnel, including Montgomery, received raises was the foundation for Langford, who insisted the letter “clearly” violated civil service rules that apply to all police and fire personnel in Vicksburg, except chiefs.

“He probably thought no one was going to say anything” about the letter, Langford said. “But it was clear what his intentions were. He clearly wanted to influence the election. He knew what he was saying. The letter was well-written and well-calculated for a purpose.”

Rogers said he initially considered a recommendation to fire. “The mayor wanted to know why he would write it,” Rogers said when Langford questioned how the punishment was decided. “Obviously, he was very upset about it, and I told him I thought I would have no other option but to terminate him.”

However, after review, Rogers decided against termination. “I looked at his personnel file and nothing was there, and that is what pulled me away from terminating him. But there’s integrity involved here. I could have easily recommended termination and not have any conscience about it.”

Mayfield, who started his first term in city office in July, agreed with Ross that the mayor’s vote was “political” and “personal.”

“He took it personal, and I became rather upset at that,” Mayfield said of Leyens. Mayfield, under later questioning, agreed it was wrong to present inaccurate information. “I probably would have voted for a two-week suspension had the whole thing not been blown out of proportion,” Mayfield said. “This was about personalities. I don’t like that.”