City of Beaumont v. Bouillion

896 S.W.2d 143, 1995 WL 64173
CourtTexas Supreme Court
DecidedMay 11, 1995
DocketD-4004
StatusPublished
Cited by459 cases

This text of 896 S.W.2d 143 (City of Beaumont v. Bouillion) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Beaumont v. Bouillion, 896 S.W.2d 143, 1995 WL 64173 (Tex. 1995).

Opinions

ENOCH, Justice.

This case presents us with two issues: 1) What constitutes a report “to an appropriate law enforcement authority” sufficient to fall within the protection afforded by the Texas ■Whistleblower Act, Tex.Rev.Civ.Stat. art. 6252-16a, § 2 (Vernon 1983)1, and 2) Does Texas recognize an implied private right of action for damages arising under the free speech and assembly clauses of the Texas Constitution against governmental entities. The trial court and the court of appeals both upheld a jury award for the plaintiffs below. 873 S.W.2d 425. Because we hold that the conduct in the present case falls outside the ambit of the 'Whistleblower Act, and that there is no implied cause of action for damages against governmental entities for violations of the free speech and free assembly clauses of the Texas Constitution, we reverse the judgment of the court of appeals and render judgment for the defendants.2

I. Facts

Woodford D. Bouillion, Cecil E. Rush, John G. Parsons, Charles A. Perricone and Eugene T. Corder, former employees of the Beaumont Police Department, claim they were constructively discharged from their jobs for reporting official misconduct to an authority and for exercising their constitutional rights to free speech and free assembly.

The City Charter of Beaumont provides that when the qualifications of applicants for city employment are equal, Beaumont residents shall be given preference. Albert Haines, the Beaumont City Manager during the relevant times involved in this case, had the authority to appoint and remove the heads of the city departments. Haines appointed nonresidents to fill several department head positions, including Max Patterson as City Resource Manager. When the position of Police Chief came open in late 1986, Haines appointed Patterson to act as the interim chief while a search was carried out for a permanent chief. Patterson carried out significant departmental reforms while serving as interim chief.

The plaintiffs in this case were police officers in the Beaumont Police Department in 1987. The extent of the reforms instituted by Patterson led the officers to conclude that Patterson’s appointment was more than merely provisional. They believed that Patterson was less qualified to serve as chief than some members of the Beaumont police force and that the temporary appointment was made to give Patterson an opportunity to become a local citizen, thus making him eligible for permanent appointment.

On January 19, 1987, twenty-one police officers held a press conference and issued a press release. In their statement to the press, the officers asserted that there were several viable candidates for the position of police chief from inside and outside the department. They further complained about how Interim Chief Patterson was running the department, and challenged Patterson’s qualifications. They also called upon Haines to form a blue ribbon committee to help select the new chief.

[145]*145To respond to the concerns expressed in the press release, Haines scheduled a series of executive meetings with the members of the force to discuss the day-to-day operations of the police department. One such meeting was scheduled for February 3, 1987. The officers arrived at that meeting with an attorney and a court reporter to transcribe the meeting. Haines refused to discuss the internal operation of the police department with the officers’ attorney present, but offered to meet later with the officers and their attorney to discuss their grievances. Two days later, Haines issued written reprimands to the officers for inviting their attorney and court reporter to the executive staff meeting to discuss items not on the agenda. The reprimand concluded that such actions “completely lack[ed] judgment and management sense.”

In the spring of 1987, the City hired George Schuldt, a Beaumont resident and an officer with the Beaumont Police Department who had signed the press release, as permanent Chief of Police. His administration instituted department-wide reforms. These reforms affected the entire department, including the officers bringing this suit. The rank of Major was eliminated in the reorganization. Eventually all but Bouillion took retirement packages and left the department; Bouillion left the Department after this suit was filed.

In 1989, the officers sued the City of Beaumont and other individuals in their official capacity for constructive discharge. The suit claimed that because the officers disclosed a violation of the City Charter, the City retaliated against them by instituting the departmental reorganization, which actions violated both the Texas Whistleblower Act and their rights under the Texas Constitution. The jury returned a verdict for the officers, and the court of appeals affirmed. 873 S.W.2d at 447.

II. Texas Whistleblower Act

The Texas Whistleblower Act in effect at all pertinent times provided that:

A state or local governmental body may not suspend or terminate the employment of, or otherwise discriminate against, a public employee who reports a violation of law to an appropriate law enforcement authority if the employee report is made in good faith.

Tex.Rev.Civ.Stat.Ann. art. 6252-16a, § 2 (Vernon 1983). A public employee may sue the governmental body for injunctive relief or damages, or both, for a violation of the Act. Id. § 3. To demonstrate a violation of the Whistleblower Act, a plaintiff must, among other things, prove that the plaintiff reported a violation of law to an appropriate law enforcement authority. Id. § 2; see Kirk & Snell, The Texas Whistleblower Act: A Time for Change, 26 Tex.Tech.L.Rev. 75, 88-90 (1995) (surveying cases discussing appropriate law enforcement authority). Our disposition of the whistleblower issue focuses exclusively on this element of the Act. The problems between the officers and the City eventually resulted in two confrontational occurrences that underlie this suit: the press conference and the subsequent meeting resulting in the reprimands. The press conference is not a protected act under the statute. See Garay v. County of Bexar, 810 S.W.2d 760, 766-67 (Tex.App.—San Antonio 1991, writ denied) (statute not applicable to nurse who reported alleged violations to newspaper columnist who later published them). The media clearly is not an appropriate “law enforcement authority” under the Whistleblower Act.

The second confrontational act complained of by the officers was the February 3 meeting and the reprimand the officers received on February 5. The reprimands themselves and any consequences stemming from them, however, are not acts of employment discrimination under the Whistleblower Act because the reprimands did not stem from the report of a violation to an appropriate law enforcement agency. At the February 3 meeting, the officers made no report of any violation of law.3 The transcript of the [146]*146meeting indicates that the meeting was one of several scheduled by Haines, and not the officers, to respond to the concerns the officers expressed in their press conference. The February 3 meeting had nothing to do with the officers’ allegation that the City violated its hiring practice, but instead concerned the internal operation of the Beaumont Police Department. The reprimands were issued not because of anything that was reported, but because the officers brought “outsiders” to the meeting.

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

Related

Texas Woman's University v. Jody T. Rodriguez
Court of Appeals of Texas, 2022
Town of Shady Shores v. Sarah Swanson
544 S.W.3d 426 (Court of Appeals of Texas, 2018)
City of North Richland Hills v. Home Town Urban Partners, Ltd.
340 S.W.3d 900 (Court of Appeals of Texas, 2011)
Leach v. TEXAS TECH UNIVERSITY
335 S.W.3d 386 (Court of Appeals of Texas, 2011)
City of El Paso v. Bustillos
324 S.W.3d 200 (Court of Appeals of Texas, 2010)
Kinnison v. City of San Antonio
699 F. Supp. 2d 881 (W.D. Texas, 2010)
Hamilton v. Pechacek
319 S.W.3d 801 (Court of Appeals of Texas, 2010)
Key v. Robertson
626 F. Supp. 2d 566 (E.D. Virginia, 2009)
Lakey v. Taylor Ex Rel. Shearer
278 S.W.3d 6 (Court of Appeals of Texas, 2009)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2008
Guillaume v. City of Greenville
247 S.W.3d 457 (Court of Appeals of Texas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
896 S.W.2d 143, 1995 WL 64173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-beaumont-v-bouillion-tex-1995.