Bexar County Texas v. Deputy Sheriff's Association of Bexar County

429 S.W.3d 673, 2014 WL 223209, 198 L.R.R.M. (BNA) 2278, 2014 Tex. App. LEXIS 596
CourtCourt of Appeals of Texas
DecidedJanuary 22, 2014
Docket04-13-00316-CV
StatusPublished
Cited by4 cases

This text of 429 S.W.3d 673 (Bexar County Texas v. Deputy Sheriff's Association of Bexar County) 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
Bexar County Texas v. Deputy Sheriff's Association of Bexar County, 429 S.W.3d 673, 2014 WL 223209, 198 L.R.R.M. (BNA) 2278, 2014 Tex. App. LEXIS 596 (Tex. Ct. App. 2014).

Opinions

OPINION

Opinion by:

CATHERINE STONE, Chief Justice.

This appeal arises from Bexar County’s refusal to permit payroll deductions which it contends are not authorized by law. The deductions in controversy are from the paychecks of deputy sheriffs that are transmitted to the Deputy Sheriffs Association of Bexar County. The County claims the requested deductions are impermissible political action committee contributions, while the Association claims the requested deductions are permissible union membership dues. After a bench trial, the trial court granted a declaratory judgment in favor of the Association. On appeal, the County contends: (1) it is not statutorily authorized to deduct payments which have been designated as political action committee contributions; and (2) the trial court’s award of attorney’s fees was not just and equitable. We disagree with the County’s contentions and affirm the trial court’s judgment.

Background

In 2006, the Association became the exclusive bargaining agent for the Bexar County deputy sheriffs. In the collective bargaining agreement, the County agreed to deduct the Association’s membership dues from the payroll of deputies who so authorized the deduction. The minimum amount of monthly dues necessary to maintain membership in the Association is forty dollars. The Association has also established a general purpose political action committee (PAC). If an Association member wishes to contribute an additional ten dollars of dues towards the PAC, they are instructed to authorize a payroll deduction of fifty dollars per month. After each payroll period, the County initiates a wire transfer all of the funds collected from the payroll deductions to the Associa[675]*675tion’s bank account. For each forty dollar deduction, the Association treasurer then transfers thirty dollars to its parent labor organization, Combined Law Enforcement Associations of Texas (CLEAT), and ten dollars to the Association’s general fund. For each fifty dollar deduction, the treasurer does the same, but transfers an additional ten dollars to the PAC account. The PAC reports the contribution in the individual name of the member to the Texas Ethics Commission.

When the Bexar County Auditor became aware that a portion of the fifty dollar deduction was ultimately transferred to the PAC, the Auditor refused to process deductions in excess of forty dollars. The Association sought a declaratory judgment declaring that its dues could be deducted in this manner. The trial court declared “that the [PAC] contributions procedure utilized by [the Association] and its members as described in [the Association’s] Original Petition is not unlawful.”

Payroll Deductions

A. Standard of Review

A trial court’s declaratory judgment involving the interpretation of a statute is a legal question subject to a de novo review. City of Houston v. Bates, 406 S.W.3d 539, 543 (Tex.2013); City of Houston v. Hildebrandt, 265 S.W.3d 22, 25 (Tex.App.-Houston [1st Dist.] 2008, pet. denied). An appellate court’s “ultimate purpose when construing a statute is to discover the Legislature’s intent.” City of Round Rock v. Rodriguez, 399 S.W.3d 130, 133 (Tex.2013). The best indication of that intent is found in a statute’s words, which are construed “according to their plain and common meaning.” Id.; City of Rockwall v. Hughes, 246 S.W.3d 621, 625 (Tex.2008); Tex. Gov’t Code Ann. § 311.011(a) (West 2013).

B. Discussion

The issue in this case involves the interpretation of Section 155.001(a)(2) of the Texas Local Government Code. The statute provides, in relevant part:

(a) The commissioners court, on the request of a county employee, may authorize a payroll deduction to be made from the employee’s wages or salary for:
(1) payment to a credit union;
(2) payment of membership dues in a labor union or a bona fide employees association;
(3) payment of fees for parking in a county-owned facility;
(4) payment to a charitable organization; or
(5) payment relating to an item not listed in this subsection if the commissioners court determines that the payment serves a public purpose.

Tex. Looal Govt.Code § 155.001 (West 2008).

1. Arguments of the Parties

There is no dispute that the Association is a labor union. The County’s principal argument is that Section 155.001(a)(2) exclusively authorizes a deduction of “membership dues” and that a PAC contribution is not a “membership due.” The County concedes that the Association may collect membership dues by payroll deduction and then use those general funds to make PAC contributions on behalf of the Association. However, it argues that when the PAC contributions are reported in the names of the individual members, the County exceeds statutory authority because it is deducting something other than “membership dues.” The County argues that the common meaning of a “membership due” is the minimum amount the Association requires to maintain membership in good standing, which is forty dollars. The County further argues that the payroll deduction is unlawful because a county [676]*676only has those powers expressly conferred or necessarily implied from other grants of power.

The Association’s position is that the ten dollars that is ultimately transferred to the PAC is a voluntary portion of its membership dues. Thus, the Association argues that it maintains two tiers of membership dues — one tier for basic membership and another tier for members who wish to support the union’s political activity. The Association contends that the County is not exceeding its statutory authority when it processes the fifty dollar dues deduction because the County transfers those funds directly to the Association, not to the PAC. The Association further argues that the County’s position would require a county to monitor and investigate whether union membership dues ultimately are used for political purposes, which would unnecessarily entangle it in a union’s political affairs and prevent a union from determining its own dues structure. To illustrate this point, the Association contends that a county would be required to inquire as to whether any portion of the CLEAT dues are ultimately used for political purposes.

2. Legislative Intent

We must construe the meaning of “membership dues in a labor union or bona fide employees association” as provided in Section 155.001(a)(2) to determine whether the Legislature intended that term to encompass funds that a union regularly collects from its members and subsequently transfers to a union PAC, which then reports the contribution in the individual member’s name. The Legislature has not defined “membership dues” and no Texas court has interpreted it in any context.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
429 S.W.3d 673, 2014 WL 223209, 198 L.R.R.M. (BNA) 2278, 2014 Tex. App. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bexar-county-texas-v-deputy-sheriffs-association-of-bexar-county-texapp-2014.