Civil Service/Collective Bargaining, Contracts, Employment Law, Litigation

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

Michael Scott Nix v. City of Beaumont, Texas, 09-22-00042-CV (Tex. App. – Beaumont, July 27, 2023) In this civil service lawsuit, the Beaumont court of appeals affirmed the granting of the City’s plea to the jurisdiction. Plaintiff Nix, a City of Beaumont
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Civil Service/Collective Bargaining, Employment Law, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds civil service protection does not allow applicants to appeal to district court who do not already fall under control of a specific commission

The City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission; City of San Antonio v. Gabriel Saenz, 04-22-00347-CV (Tex.App. – San Antonio, April 27, 2023) This is a civil service/employment dispute where the San Antonio Court of Appeals determined
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity

Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim

City of Laredo  and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. 24, 2022)  This is a civil service appeal where the Fourth Court of Appeals affirmed the denial of the City’s
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Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial
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Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) This is a civil service case where the Amarillo Court of Appeals affirmed in part and reversed in part a
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Ultra Vires

San Antonio Court of Appeals held City park and airport police could proceed with declaratory claims to establish collective bargaining rights

  City of San Antonio and Erik Walsh, in his Official Capacity v. San Antonio Park Police Officers Association, et al, 04-20-00213-CV, (Tex. App – San Antonio, July 14, 2021). This is a civil service/collective bargaining suit where the San Antonio Park Police
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Austin Court of Appeals holds that under the Civil Service Act applied to police officers, a reinstatement list must factor in seniority in the position being demoted and not seniority in the department

Bradley Perrin v. City of Temple, et al, 03-18-00736-CV, (Tex. App – Austin, Nov. 6, 2020) This is an employment dispute in a civil service police department with crossclaims and a host of procedural matters. The Austin Court of Appeals ultimately held
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Civil Service/Collective Bargaining, Discrimination, Employment Law, Retaliation, Sovereign Immunity

The First Court of Appeals to move forward with retaliation claim plaintiff must provide evidence of but-for causation

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Kimberley R. Trimmer-Davis, No. 01-19-00088-CV (Tex. App.—Houston [1st Dist.] August 25, 2020) (mem. op.). In this employment retaliation case, the plaintiff sued the City when suspended after
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