Marc Staff v. Colorado County , Texas Sheriff R. H. "Curly " Wied, in His Official & Individual Capacity, 01-14-00323-CV

Posture: Sheriff Wied moves for rehearing and en banc reconsideration of a First Court of Appeals decision reversing summary judgment for Sheriff Wied.
The tied dispute concerns whether Government Code §§ 614.022–614.023 apply to an at-will employee (Staff) and whether Staff’s termination was for cause based on a written complaint.
The panel held §614.022/§614.023 apply and that Staff was terminated for cause following a complaint; the panel remanded for attorney’s fees.
Wied argues the panel misapplied the statutes to at-will employment and that, even if applicable, he fully complied with the statutes; the matter should be reheard en banc.
The parties rely on case law distinguishing at-will status, complaint procedures, and the authority of elected county officials to hire/fire employees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do §§614.022–614.023 apply to at-will employment in Texas?	Staff argues those provisions apply when a complaint triggers termination.	Wied argues the provisions do not apply to at-will employees, or were satisfied.	Erroneous panel interpretation; not applicable or not triggered; requires reversal.
Did Wied comply with §§614.022–614.023 if required?	Staff contends no proper written complaint or process occurred.	Wied asserts full compliance with the statute’s requirements.	Panel error; Wied complied or the provisions do not apply; reversible error.

Treadway v. Holder, 309 S.W.3d 780 (Tex. App.—Austin 2010) (at-will status; whether termination for cause triggered Subchapter B)
Guthery v. Taylor, 112 S.W.3d 715 (Tex. App.—Houston [14th Dist.] 2003) (written complaint; victim-signed requirement under 614.022/614.023 distinguished)
Irby v. Sullivan, 737 F.2d 1418 (5th Cir. 1984) (sheriffs’ broad employment authority; accountability to voters)
Renken v. Harris Cnty., 808 S.W.2d 222 (Tex. App.—Houston [14th Dist.] 1991) (de facto at-will employment; lack of entitlement to job)
Familias Unidas v. Briscoe, 619 F.2d 391 (5th Cir. 1980) (contextual authority of elected officials; accountability)