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

City allowed to appeal civil service order since hearing examiner performed her own Internet search on medication side-effects

City of Fort Worth v. Shea O’Neill, 02-18-00131-CV (Tex. App. – Fort Worth, Jan. 23, 2020). The Fort Worth Court of Appeals reversed-in-part and affirmed-in-part a trial court order regarding whether the court had jurisdiction over an appeal from a hearing examiner’s
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Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Procedure, Ultra Vires

Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s plea to
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Finance

4th Court of Appeals holds City’s “evergreen clause” in collective bargaining agreement does not create unconstitutional debt

  City of San Antonio v. San Antonio Firefighters’ Association, Local 624, 04-15-00819-CV (Tex. App. – San Antonio, August 23, 2017). This is a permissive appeal, which was allowed by the court, where the City requested the Court of Appeals review the
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Civil Service/Collective Bargaining, Employment Law, Litigation, Procedure

Filing post-submission brief of hearing examiner’s opinion in a related civil service case was potentially an unlawful means of obtaining a hearing examiner opinion in second case says Austin Court of Appeals

Michelle Gish v. City of Austin, Texas 03-14-00017-CV (Tex. App.- Austin, May 11th 2016) This is a Civil Service Act case where the Third Court of Appeals reversed the granting of the City’s plea to the jurisdiction and remanded the case. Michelle
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