City of Athens, Texas v. James MacAvoy
2011 Tex. App. LEXIS 4966
| Tex. App. | 2011Background
- City of Athens suspended MacAvoy indefinitely after on-duty sexual relations and other policy violations.
- MacAvoy appealed and elected an independent hearing examiner to hear the appeal.
- Section 614.023 requires a signed complaint be provided to the officer before discipline; the chief did not provide statements from the complainants before discipline.
- Hearing examiner ruled that lack of signed complaints voided discipline and ordered reinstatement with back pay.
- City appealed; district court granted MacAvoy summary judgment reinstating him; City challenged on jurisdiction and statutory interpretation.
- This court held the hearing examiner exceeded jurisdiction by treating Section 614.023 as jurisdictional; reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hearing examiner had jurisdiction to apply 614.023 | MacAvoy contends examiner properly invoked statute. | City contends examiner exceeded jurisdiction by applying 614.023. | Examiner exceeded jurisdiction; not authorized to apply 614.023 as jurisdictional. |
| Whether 614.023's complainant-notice requirement is jurisdictional | MacAvoy argues statute is not jurisdictional and can be remedied procedurally. | City argues failure to provide signed complaints before discipline invalidates discipline. | 614.023 is not jurisdictional; failure to provide statements does not automatically preclude discipline. |
Key Cases Cited
- City of Pasadena v. Smith, 263 S.W.3d 80 (Tex. App.–Houston [1st Dist.] 2006) (later reversed by Supreme Court; relevance to practitioner limits of examiner's jurisdiction)
- City of Pasadena, 292 S.W.3d 14 (Tex. 2009) (supreme court holding examiner exceeded jurisdiction by applying inapplicable statute)
- City of DeSoto v. White, 288 S.W.3d 389 (Tex. 2009) (notice requirement not automatically jurisdictional; legislative intent important)
- Turner v. Perry, 278 S.W.3d 806 (Tex. App.–Houston [14th Dist.] 2009) (statutes creating procedural safeguards; legislative intent discussed)
- City of Athens v. MacAvoy, 260 S.W.3d 676 (Tex. App.–Tyler 2008) (discussion of examiner's jurisdiction and statutory interpretation context)
- City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008) (summary judgment de novo standard and statutory construction in Texas)