City of San Antonio v. Handley

308 S.W.2d 608, 1957 Tex. App. LEXIS 2281
CourtCourt of Appeals of Texas
DecidedOctober 2, 1957
Docket13244, 13268
StatusPublished
Cited by33 cases

This text of 308 S.W.2d 608 (City of San Antonio v. Handley) 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 San Antonio v. Handley, 308 S.W.2d 608, 1957 Tex. App. LEXIS 2281 (Tex. Ct. App. 1957).

Opinions

POPE, Justice.

City of San Antonio appealed from two summary judgments, here consolidated, which held that fifty-one plaintiffs, as employees in the Police Department, were members of the Firemen’s and Policemen’s Civil Service System and that all of them were entitled to receive the benefits of a minimum pay ordinance which covered the peace officers in the department. The City urges that the employees are not entitled to a classification in the Civil Service System. However, if they are so classified, the City then urges that they are classified at the jobs they perform and should receive the minimum pay fixed by statute instead of the minimum pay fixed by ordinance for persons in other and different classifications.

[610]*610: City again challenges the unanimous interpretation- of the Courts concerning those covered by Article 1269m, Vernon’s Ann.Civ.Stats. City has urged this point four times previously, three times before this Court, and once before the Austin Court of Civil Appeals. Similar points have been twice urged by other cities of Texas. The answer has always been the same, because the Legislature defined its own terms and itself construed the Act. When we read beyond the word “Policemen” used in the title of the Act, we learn that the Legislature expressly stated that the Act applies to “members” of the Police Department. Section 2, Article 1269m. Reading further, we see in Section 12, that the Act expressly applies to “offices and positions,” “officers and employees.” These reading assignments were mentioned in City of San Antonio v. Wiley, Tex.Civ.App., 252 S.W.2d 471, a case termed “monstrous” by the City. The Act, by its terms, applies to “employees” as well as peace officers; and this is because the Legislature said so. A growing number of precedents point to these words which the City cannot see. Firemen’s and Policemen’s Civil Service Commission of City of San Antonio v. Wells, Tex.Civ.App., 300 S.W.2d 676; City of Wichita Falls v. Cox, Tex.Civ.App., 300 S.W.2d 317; City of San Antonio v. Castillo, Tex.Civ.App., 293 S.W.2d 691; Whitley v. City of San Angelo, Tex.Civ.App., 292 S.W.2d 857; City of San Antonio v. Hahn, Tex.Civ.App., 274 S.W.2d 162; City of San Antonio v. Wiley, supra.

City again asks that this Court read out of the Act the definition of terms the Legislature gave in the Act itself, because that definition is shocking to City’s idea of what a policeman is. It may be no less shocking to this and other Courts, but the City no less than this Court must follow the definition which includes the terms, “member of the Police Department,” “offices and positions,” “officers and employees.” Hence, appellees, though they were matrons, mechanics, clerical workers, switchboard operators and porters, are covered by the Act.

City claims that these employees lost their Civil Service status by reason of a reorganization plan during 1952 and 1953. Twelve employees were transferred in 1952 from the Police Department to the Public Works Department. The rest of the employees in this suit were transferred in 1953 from the Police Department to the Personnel Department. City concedes that prior to the transfers these persons were members of the Police Department, with Civil Service status. The transfers in no way changed the nature, place, or terms of employment; and the employees continued their work under the direct “day to day supervision” of the Police Department. City reasons that these employees were administratively moved out of Civil Service status and that they should not be restored by what it terms “court action.” We suggest that both city action and court action are subject to the “Legislative action.” Neither City nor this Court is a free agent to rewrite a law of the Legislature. Courts read statutes; they do not write them. If the City action is permitted by the Civil Service Act, this Court cannot interfere; if that action is not permitted by the Act, this Court will interfere and and declare the law under the Act.

Employees under the Act are entitled to certain protective. measures. Illustrative of the statutory grant of those benefits is Section 16, which relates to indefinite suspensions. The employee is entitled to written notice which specifies the reasons for suspension, and a hearing within thirty days before the Commission. Other benefits are granted employees concerning demotions, disciplinary suspensions, the abolition of positions, and military leaves of absence. Secs. 19, 20, 21, 22a, art. 1269m, Vernon’s Ann.Civ.Stats. If, as City urges, it may first administratively transfer an employee with Civil Service status to some other unprotected department and then discharge him, or otherwise deprive him of Civil Service [611]*611benefits, the whole Act is meaningless. Sec. 16a declares the purpose of the Civil Service Law is to secure efficient Police Departments, “free from political influence,” “and with permanent tenure of employment as public servants.” Members of Civil Service Boards are directed to administer the law in accord with that purpose. If we give effect to the construction urged by the City, the declared objectives of the Civil Service Act are wholly destroyed. The Act would become meaningless as to all employees by the simple expedient of an administrative transfer. We shall give effect to the Legislative intent, as did the trial court. 3 Sutherland, Statutory Construction, § 5804. In City of Wichita Falls v. Cox, Tex.Civ.App., 300 S.W.2d 317, the City transferred members of the Police Department to other departments which paid them, but that fact did not destroy Civil Service rights which had already accrued to the employees. In City of San Antonio v. Hahn, Tex.Civ.App., 274 S.W.2d 162, the order of the Court was that plaintiffs should be “reinstated” in the Police Department, since their rights under Civil Service had accrued and they were entitled to those rights.

City further claims that these employees lost their Civil Service status on August 22, 1957, after trial and while the case was pending in this Court, since House Bill 79, c. 391, Fifty-fifth Legislature amended Sections 2 and 12 in such a way as to eliminate these employees from a classification as policemen. The law was prospective and not retroactive in purpose, as appears from the Title. 3 Sutherland, Statutory Construction, § 4802.

The Title to the Act declares that its purpose is to redefine “Firemen” and “Policemen” and to amend Section 12 “by stopping the creation in the futures of new classified positions unless established by ordinance * * *.” The intent is to operate in the future and with reference to persons whose Civil Service rights have not been previously fixed.

The other important point in the case is whether the fifty-one employees are entitled to pay as patrolmen under San Antonio City Ordinances or merely to a guaranteed minimum pay as fixed by Article 1583-2, Vernon’s Ann.P.C.

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Bluebook (online)
308 S.W.2d 608, 1957 Tex. App. LEXIS 2281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-san-antonio-v-handley-texapp-1957.