City of Amarillo v. Nurek

546 S.W.3d 428
CourtCourt of Appeals of Texas
DecidedMarch 21, 2018
DocketNo. 07-17-00120-CV
StatusPublished
Cited by3 cases

This text of 546 S.W.3d 428 (City of Amarillo v. Nurek) 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
City of Amarillo v. Nurek, 546 S.W.3d 428 (Tex. Ct. App. 2018).

Opinion

Judy C. Parker, Justice

Appellants, the City of Amarillo and Terry L. Childers, in his official capacity as interim city manager,1 appeal the trial court's denial of their plea to the jurisdiction. The plea was directed to claims brought by appellees, Nathan Sloan Nurek and Michael Brandon Stennett, alleging that positions within the Amarillo Fire Marshal's Office (hereinafter, "FMO") should be classified as civil service positions subject to the Civil Service Act,2 and that appellees, who are firefighters employed by the Amarillo Fire Department, were improperly bypassed when they should have been promoted to positions *432within the FMO. We will reverse in part the trial court's order denying the plea.

Factual and Procedural Background

The City is a home-rule city under Texas state law. In the 1940s, Amarillo voters adopted the Civil Service Act making it the governing law that dictates how civil service positions are handled within Amarillo. Firefighter jobs are classified civil service positions under the Act. However, the City has classified only firefighters within the Fire Suppression Department of the Amarillo Fire Department as being within the firefighter civil service positions. Positions within the FMO, however, have not been classified and are not treated as subject to the Act. As such, employees of the FMO are covered by the City's Personnel Rules and are hired and promoted in accordance with rules adopted by the Amarillo Civil Service Commission.

Nurek had passed a promotional exam for the rank of lieutenant and had the highest grade on the lieutenant promotional eligibility list when a vacancy in the Investigator/Inspector I position in the FMO became available. Likewise, Stennett had passed a promotional exam for the rank of captain and had the highest grade on the captain promotional eligibility list when a vacancy in the Investigator/Inspector II position in the FMO became available. Appellees contend that the FMO position of Investigator/Inspector I is a position of equivalent rank to lieutenant, and that the position of Investigator/Inspector II is a position of equivalent rank to captain.

After appellees were not offered promotions to the vacant positions of Investigator/Inspector I and Investigator/Inspector II, they filed suit seeking a declaration that the City's failure to classify firefighter positions within the FMO as civil service positions and to fill vacancies within the FMO in substantial compliance with the Civil Service Act is a breach of the appellants' ministerial duties; a declaration that the failure to promote Nurek and Stennett to the vacant positions within the FMO without issuing written bypass notices was a breach of the appellants' ministerial duties; injunctive relief requiring the appellants to classify all positions within the FMO as civil service positions and to fill those positions in substantial compliance with the Civil Service Act; injunctive relief to promote Nurek and Stennett to the positions of Investigator/Inspector I and Investigator/Inspector II, respectively; and an order that appellants pay Nurek and Stennett back pay in an amount equal to the difference between the compensation they would have earned had they been promoted to the vacant positions within the FMO and the amount that they earned in their fire suppression positions. By their pleading, appellees contend that immunity was waived by Texas Local Government Code section 180.006 and by the Uniform Declaratory Judgments Act. See TEX. LOC. GOV'T CODE ANN. § 180.006 (West 2016) ;3 TEX. CIV. PRAC. & REM. CODE ANN. ch. 37 (West 2015). After filing an answer, appellants filed a plea to the jurisdiction alleging that the trial court does not have jurisdiction over appellees' claims. Appellees filed a response. The trial court held a hearing at which it accepted evidence and heard the arguments of the parties. Following this hearing, the trial court issued its order denying the City's and Childers's plea to the jurisdiction. From this order, appellants filed the instant interlocutory *433appeal.4

Appellants present six issues by their appeal. By their first issue, appellants contend that the trial court lacks jurisdiction because of appellants' immunity from suit. By their second issue, appellants argue that appellees failed to exhaust available administrative remedies before bringing suit and, thus, the trial court is without jurisdiction. Appellants' third issue contends that the trial court does not have jurisdiction because appellees do not have standing to bring their suits. By their fourth issue, appellants contend that the trial court does not have jurisdiction because appellees failed to name a necessary party to their suit. Appellants' fifth issue contends that the Uniform Declaratory Judgments Act does not confer jurisdiction over appellees' claims for money damages. Finally, by their sixth issue, appellants contend that the trial court has no authority to grant the injunctive relief sought by appellees.

Standard of Review

Subject matter jurisdiction is essential to the authority of a court to decide a case. Tex. Ass'n of Bus. v. Tex. Air Control Bd. , 852 S.W.2d 440, 443 (Tex. 1993). The subject matter jurisdiction of a trial court may be challenged by a party filing a plea to the jurisdiction. Tex. Dep't of Transp. v. Jones , 8 S.W.3d 636, 638 (Tex. 1999) (per curiam). "A plea to the jurisdiction is a dilatory plea, the purpose of which is to defeat a cause of action without regard to whether the claims asserted have merit." Bland Indep. Sch. Dist. v. Blue , 34 S.W.3d 547, 554 (Tex. 2000).

We review the ruling of a trial court on a plea to the jurisdiction de novo because the existence of jurisdiction is a question of law. Tex. Dep't of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 226 (Tex. 2004). We start our review of the trial court's ruling on a plea to the jurisdiction with the live pleadings. Id. The allegations found in the pleadings may either affirmatively demonstrate or negate the trial court's jurisdiction. City of Waco v. Kirwan , 298 S.W.3d 618, 622 (Tex. 2009).

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546 S.W.3d 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-amarillo-v-nurek-texapp-2018.