Texas Master Sergeant Alleges He Was Fired for Off-Duty Political Speech

John Gately served in his state’s military while also working for a statewide military agency. He’s now suing his now former employer, claiming that an off-duty political post led to his termination.

Texas resident John Gately filed a federal lawsuit June 2 in the U.S. District Court for the Western District of Texas, Austin Division, against the state of Texas and the Texas Military Department (TMD), claiming that the TMD fired him after 10-plus years of employment and a flawless employee record after he refused to remove a press release he published in his personal capacity as Republican precinct chair for Precinct 338 in Williamson County, located north of Austin.

TMD encompasses three branches—Texas Army National Guard, Air National Guard, and the Texas State Guard—that work cohesively with a principal purpose to serve Texas in times of need, such as during hurricanes or disaster situations as well as homeland security instances.

“I was prepared for it to an extent,” Gately told Military.com. “I was also a little angry, but I wasn’t going to let them show see that side of me. So, I just went ahead and left and let things happen the way they happened, and then that way I could just go through the legal process. … But all the normal feelings went through [my] head for a loyal individual that serves the state of Texas. It was pretty disheartening.”

Other defendants named in the suit include Maj. Gen. Thomas Suelzer, in his official capacity as the adjutant general of Texas, and Mike Gorby, in his official capacity as executive director of state administration, as well as other individuals whose identities may be determined during litigation.

A TMD spokesperson told Military.com that it does not comment on matters involving individual service members or pending litigation.

How Gately Joined the TMD and Became GOP Precinct Chair

Gately was hired as a computer programmer at TMD on June 15, 2015, with the lawsuit claiming he “had an outstanding record” that included receiving multiple commendations and high reviews throughout his tenure.

His job description included work involving analyzing system specifications to develop software for computer applications, developing solution software, documenting the methods and procedures used in software development, and testing, correcting and revising software.

He’s also been a Texas State Guard state sergeant, with the guard operating under the TMD umbrella.

On Dec. 1, 2025, Gately received a text message from the governor’s office asking if he would serve as a Republican precinct chair for Precinct 338.

“I reached out to a couple legislators to make sure there was a legit conversation that they really wanted to have. It was,” Gately said. “I went and talked to my boss. I actually reported to the TMD Public Affairs Office, and they thought it was a great idea. They thought it was kind of cool.

“Matter of fact, one of the guys that worked there, he’s also in the National Guard, but he is now in the Governors Affairs Office, and he thought it was a great idea as well, so went ahead and cleared everything through the Texas Military Department to make sure that I was good to go as this particular elected official. I went ahead, filled out paperwork. I had nobody run against me, so I was appointed to the position.”

After verifying the request was genuine and discussing the potential appointment with his immediate TMD supervisor, Charlie Fern, and several coworkers regarding time constraints and potential conflicts of interest, Gately ultimately accepted the position on Jan. 27, 2026.

TMD had zero authority over his precinct role.

Circumstances Leading to Termination

A man named Kelly Hall is at the center of the story.

Hall is an individual who became acquainted with Gately due to their joint State Guard service. Sometime in February, according to the lawsuit, Gately learned that Hall was simultaneously running for Texas House District 19 and mayor of Round Rock, Texas. However, Round Rock is not in the district.

Hall originally filed to run for THD 19 but later believed he had successfully withdrawn, per the suit, and Hall purportedly attempted to drop out of the State House race. He still won the House race, garnering roughly 60% of the votes.

Gately, in his capacity as precinct chair, felt it his duty to inform area voters of the underlying issues in the Round Rock mayoral race. Previously knowing of Hall given their State Guard connections, Gately began reviewing publicly available records and filings.

“I knew what type of individual [Hall] was,” Gately said. “I wanted to go ahead and look into his background. I got some court information from the district court. I put out a press release March 12 about Kelly Hall…basically it was talking about integrity and things of that nature. You can still find that on my precinct chair website, and the next day I received calls from the Texas Military Department.”

That March 12, 2026, press release was written and posted on the Texas Precinct 338 website/blog. The release focused on how Hall purportedly told Gately in person that he had been dishonorably charged by the State Guard, even as his website at the time of the election referenced him as “active” in the service.

“This claim is not accurate,” Gately wrote in the release. “I served in the Texas State Guard with Mr. Hall and can confirm that he has not served in the Texas State Guard for several years. Mr. Hall was discharged from the Texas State Guard, and his service did not conclude with an honorable discharge.

“During his service, Mr. Hall admitted to forging official government documents, which resulted in his discharge from the organization. Despite this, his website currently represents his Texas State Guard service as continuing to the present.”

Gately Loses His Job

One day after the press release was posted, Gately’s career was in jeopardy—even if he was unaware at the time.

At roughly 2:14 p.m. on March 13, Gately received a call from Texas State Guard Chief of Staff, Col. Dan McCarroll, who according to both Gately and the lawsuit told Gately that Hall had called TMD and threatened legal action if the press release was not taken down.

McCarroll requested that Gately remove it immediately. But Gately declined, stating that it had been made in his capacity as a precinct chair and was protected speech under both the U.S. and Texas Constitutions.

McCarrroll even purportedly called a second time, telling Gately he checked with the Government Affairs Office—which confirmed Gately’s belief that the release was made in a personal capacity.

But Gately then received a call from his supervisor, Charlie Fern, who officially directed him to remove the press release, saying it could result in termination and that “the higher ups want you fired.” Gately refused, and then Fern called an hour later with the same request. Gately declined once more.

On March 17, Fern purportedly told Gately there would be no repercussions. But two days later, Mike Gorby informed Gately that his employment with TMD was being terminated, effective immediately, again mentioning the decision of “higher ups” without mentioning the press release in question or Hall’s claims. Gately returned his laptop and left.

Gately was also temporarily suspended by the State Guard on March 20 before being reinstated April 1.

The Ongoing Litigation and Personal Effects

David Sergi, of Sergi & Associates in San Marcos, Texas, is Gately’s legal counsel. Representing him was a “simple” decision.

“I had served in the Texas State Guard,” Sergi told Military.com. “I have done a lot of personnel work. When I found out that John was being singled out for his political speech, it seemed like something had to be done. John and I talked about it and…it just didn’t make any sense.

“And if you serve in uniform, all of a sudden you lose your First Amendment rights when it comes to political speech, which is what we’re fighting for. And when you’re in uniform, you’re fighting to maintain our civil rights. And the last person who should have his civil rights [trampled] on would be John, or people in uniform, or our brothers in uniform.”

Gately wants his job back, which he said he did “really well” and exceeded expectations without any complaints. He would take it back even knowing the potential residual effects.

Asked how he’s endured the job loss and legal battle, Gately praised his wife of 37 years for being his “rock.”

Sergi said the TMD is “between a rock and a hard place” after their motion to dismiss the suit was unsuccessful. Discovery and depositions are to come, either concluding with a summary judgment or a trial.

“This is just personally, in my opinion, a failure of leadership, and people ought to be able to sit down and talk about it,” Sergi said. “Whatever political motivations there are behind it, you’ve got a good man serving at the request of the governor’s staff, and this makes zero sense.

“I haven’t had that a-ha moment where I’m like, ‘Oh, this is why they’re doing it.’ It just seems to me that there’s a reticence for adverse publicity when Kelly Hall started to threaten the litigation. From what I understand, they backed down.”

For someone like Gately, who has served in the State Guard as well as the TMD, the entire ordeal has provided a realization. People who learn about his termination and lawsuit ask if he’s a Republican or Democrat, what his motivations were.

“I say, first off, I took an oath to the Constitution, and that’s why I’m fighting because this oath means everything to me,” Gately said. “This oath is part of my identity, and to serve is part of that oath as well. I took an oath to defend the Constitution against foreign and domestic.

“I want to continue service to the great state of Texas, to my country. I was told, ‘We’re going to go ahead and violate your rights, and we’re going to continue to punish you in other ways.’ I just can’t stand for that. I’m just going to continue to fight for what’s right, so I can get back to doing what is right: taking care of my troops, taking care of the citizens of Texas, and the nation, if need be.”