Alford v. City of Dallas

738 S.W.2d 312, 1987 Tex. App. LEXIS 8641
CourtCourt of Appeals of Texas
DecidedAugust 20, 1987
Docket05-86-00749-CV
StatusPublished
Cited by41 cases

This text of 738 S.W.2d 312 (Alford v. City of Dallas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. City of Dallas, 738 S.W.2d 312, 1987 Tex. App. LEXIS 8641 (Tex. Ct. App. 1987).

Opinions

LAGARDE, Justice.

R.D. Alford sued the City of Dallas and Billy Prince, the Chief of Police for the City of Dallas (collectively “City of Dallas”), in a district court seeking review of an administrative personnel decision. Alford alleged that the failure of the Dallas Police Department to follow its written transfer regulations deprived him of his liberty and property interests without due process of law, deprived him of the equal protection of the law, and unconstitutionally impaired his employment contract with the City of Dallas. The trial court dismissed Alford’s suit for want of jurisdiction. In one point of error, Alford contends that he invoked the jurisdiction of the trial court by properly pleading deprivations of his federal and state constitutional rights, and that, therefore, the trial court erred in dismissing his suit. We disagree. Consequently, we affirm.

Alford is a police officer with the City of Dallas. For several years prior to 1982, [314]*314Alford applied for but was denied a transfer to the helicopter section of the police department. In 1982, the Dallas Police Department adopted section 401.05 of its personnel regulations which contains specific rules and procedures governing transfers. Pursuant to section 401.05, Alford again requested a transfer to the helicopter section. Alford’s name was placed on a transfer list that contained the names of four other officers who had requested a transfer to the helicopter section. In the spring of 1982, two vacancies arose in the helicopter section. One was filled by an officer whose name was on the transfer list. However, the other position was filled by an officer whose name was not on the list. By transferring an officer whose name was not on the list, the police department failed to follow the procedures set forth in section 401.05. The department sent Alford a letter in which an alleged hearing disability was cited as the primary reason for the transfer denial.

Alford filed a petition in the district court seeking to review the transfer decision. He sought a declaratory judgment that the police department’s transfer regulations be declared mandatory, an order directing the department to transfer Alford to the helicopter section, and back pay that he would have been entitled to if the department had followed its transfer procedures and transferred him. In its answer, the City of Dallas filed special exceptions claiming that Alford’s pleadings failed to allege a constitutional or statutory basis for jurisdiction. In its motion to dismiss for want of jurisdiction, the City states that the trial court held a hearing on the City’s plea to the jurisdiction of the court, that the court found that Alford’s pleadings failed to state a cause of action, and that the court entered an order giving Alford an opportunity to amend his pleadings to state a cause of action. In response to the latter order, Alford filed an amended petition. The City then filed its motion to dismiss for want of jurisdiction. The trial court heard the motion and then dismissed Alford’s suit for want of jurisdiction because his amended pleadings failed to state a cause of action within the jurisdiction of the court.

Alford contends that the trial court erred in dismissing his suit because his pleadings invoked the jurisdiction of the court. Alford concedes that there is no statute that gives him the right to appeal the administrative transfer decision. Where there is no statutory right of appeal, there is no right to appeal an administrative order unless the order violates a constitutional provision.1 See Stone v. Texas Liquor Control Board, 417 S.W.2d 385, 385-386 (Tex.1967); City of Amarillo v. Hancock, 150 Tex. 231, 234, 239 S.W.2d 788, 790 (1951). Consequently, we must decide whether Alford’s pleadings show that he has a right to appeal from the City’s decision not to transfer him. The cases offer little guidance as to what jurisdictional allegations a party seeking judicial review of an administrative order must make in order to invoke the jurisdiction of a district court. However, because jurisdiction is determined at the earliest stage of the proceedings, the factual allegations contained in the pleadings must be taken as true. See Brazosport Savings and Loan Ass’n v. American Savings and Loan Ass’n, 342 S.W.2d 747, 752 (Tex.1961); cf. Perry v. Sindermann, 408 U.S. 593, 600, 92 S.Ct. 2694, 2699, 33 L.Ed.2d 570 (1972) (due process allegations construed most favorably to plaintiff at summary judgment stage). We hold that, taking the factual allegations contained in the pleadings as true, to invoke the jurisdiction of a district court, the allegations must show that the party seeking review of an administrative order has a constitutionally protected interest that may have been violated by the order. Alford alleges in his pleadings that the City’s transfer decision violates the due process clause, the equal protection clause, and the impairment of contracts clause of both the federal and state constitutions. We must examine Alford’s pleadings with respect to each constitutional provision that [315]*315the City’s transfer decision allegedly violates.

I.DUE PROCESS

Alford alleges that the City’s transfer decision deprived him of his property and liberty interests without due process of law in violation of Article I, section 19 of the Texas Constitution and the fifth and fourteenth amendments to the United States Constitution.

A. Property Interest

To have a property interest protected by the due process clause of the federal constitution, a person must have a legitimate claim of entitlement. See Board of Regents v. Roth, 408 U.S. 564, 578, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). With respect to property interests in employment, the sufficiency of the claim of entitlement is decided under state law. See Bishop v. Wood, 426 U.S. 341, 345, 96 S.Ct. 2074, 2077, 48 L.Ed.2d 684 (1976). Under Texas law, the claim is sufficient if the employee has a vested right in employment. See Hancock, 239 S.W.2d at 791; see also Coulter v. Melady, 489 S.W.2d 156, 159 (Tex.Civ.App.—Texarkanna 1972, writ ref’d n.r.e.) (due process clause of the Texas constitution protects vested property rights), cert. denied, 414 U.S. 823, 94 S.Ct. 123, 38 L.Ed.2d 56 (1973). Alford attached a copy of the police department’s transfer regulations to his pleadings and incorporated them by reference. It is clear from the face of those regulations that Alford does not have a vested property right in a transfer to the helicopter section.

Section 401.05 provides:
C. Filling a Sworn Vacancy
1. When Division Commanders are authorized to fill a vacancy, they will request from Personnel Division a list of officers wishing to transfer to their division. Individual divisions will not maintain their own list.
2. Police Personnel will provide the Division Commander with a copy of the Sworn Transfer Request Forms of the top five officers, by date of request, requesting transfer to that Division.
3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

San Benito Consolidated ISD v. Mary Alice Leal
Court of Appeals of Texas, 2022
Zavala, John
Court of Appeals of Texas, 2015
Gonzales, Alejandro Farias
Court of Appeals of Texas, 2015
Davis v. Dallas Independent School District
448 F. App'x 485 (Fifth Circuit, 2011)
Turner v. Perry
278 S.W.3d 806 (Court of Appeals of Texas, 2009)
Dan Turner and Henry Bonaparte v. Troy Perry
Court of Appeals of Texas, 2009
Richard D. Christopher v. State
Court of Appeals of Texas, 2008
Warren Keith Rodgers v. State
Court of Appeals of Texas, 2003
Rodgers v. State
111 S.W.3d 236 (Court of Appeals of Texas, 2003)
McGowen, Melford Jan v. State
Court of Appeals of Texas, 2003

Cite This Page — Counsel Stack

Bluebook (online)
738 S.W.2d 312, 1987 Tex. App. LEXIS 8641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-city-of-dallas-texapp-1987.