City of San Antonio v. SAN ANTONIO PARK RANGERS ASSN.

850 S.W.2d 189, 1992 Tex. App. LEXIS 3305, 1992 WL 341852
CourtCourt of Appeals of Texas
DecidedNovember 25, 1992
Docket04-91-00531-CV
StatusPublished
Cited by14 cases

This text of 850 S.W.2d 189 (City of San Antonio v. SAN ANTONIO PARK RANGERS ASSN.) 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. SAN ANTONIO PARK RANGERS ASSN., 850 S.W.2d 189, 1992 Tex. App. LEXIS 3305, 1992 WL 341852 (Tex. Ct. App. 1992).

Opinions

OPINION

REEVES, Chief Justice.

This appeal challenges a mandamus issued by a district court judge which compels the city of San Antonio, through its city manager, to bargain collectively with its Park Rangers.

FACTS

Generally, it is against Texas public policy for any official or group of officials of the State or other political subdivision of the State to enter into a collective bargaining contract with a labor organization respecting the wages, hours, or conditions of employment of public employees. Tex.Rev. Civ.Stat.Ann. art. 5154c (Vernon 1987). Firefighters and policemen, however, have the right to organize and bargain collectively with their public employer as to wages, hours, working conditions, and all other terms and conditions of employment if their city, town, or political subdivision adopts the Fire and Police Employee Relations Act. Tex.Rev.Civ.Stat.Ann. art. 5154c-l, § 5(a) (Vernon 1987). The city of San Antonio adopted the Fire and Police Employee Relations Act by election on December 18, 1974 thereby giving San Antonio policemen the right to bargain collectively with the city.

The President of the San Antonio Park Rangers Association (Association) gave the San Antonio city manager written notice of the Association’s intent to bargain collectively with the city on October 18, 1990. The City responded by letter on February 18, 1991 that they were prohibited from entering into negotiations with the Association because the Association was not entitled to enter into collective bargaining with the City. Consequently, the Association filed a Petition for Writ of Mandamus to compel the City of San Antonio and its city manager to bargain collectively with the Association pursuant to article 5154c-l of the Revised Civil Statutes. A writ of mandamus was issued by a district court judge after he considered testimony and documentary evidence. This appeal followed.

STATUTORY INTERPRETATION

Appellant asserts that the trial court erred in holding that Park Rangers have collective bargaining rights because this conclusion ignores the plain language of article 5154c-l of the Revised Civil Statutes (Fire & Police Employee Relations Act or the Act).

The trial judge concluded as a matter of law that San Antonio Park Rangers are policemen who are entitled to bargain collectively with the City of San Antonio under the authority of article 5154c-l of the Revised Civil Statutes. Conclusions of law are always reviewable by appellate courts. Middleton v. Kawasaki Steel Corp., 687 S.W.2d 42, 44 (Tex.App.—Houston [14th Dist.] 1985), writ ref'd n.r.e., 699 S.W.2d 199 (Tex.1985). The underlying question we must answer is whether Park Rangers are policemen within the meaning of article 5154c-1 of the Revised Civil Statutes.

Upon the adoption of article 5154c-l of the Revised Civil Statutes by any city, “policemen” shall have the right to organize and bargain collectively with their public employer as to wages, hours, working conditions, and all other terms and conditions [191]*191of employment. Tex.Rev.Civ.Stat.Ann. art. 5154c-l, § 5(a) (Vernon 1987). Whether San Antonio Park Rangers are entitled to bargain collectively pursuant to article 5154c-l of the Revised Civil Statutes depends upon the statutory construction of the Act’s definition of “policemen”: “The term ‘policemen’ means each sworn certified full-time paid employee, whether male or female, who regularly serves in a professional law enforcement capacity in the police department of any city, town, or other political subdivision within the state, with the sole exception of the chief of the department.” Tex.Rev.Civ.Stat.Ann. art. 51540-1, § 3(2) (Vernon 1987).

We have reviewed the entire record including the statement of facts, the transcript, and exhibits. Uncontested testimony was admitted which shows that San Antonio Park Rangers are sworn certified full-time paid employees. The contested issue is whether Park Rangers regularly serve in a professional law enforcement capacity and whether the statutory language “in the police department” excludes Park Rangers since the San Antonio Park Rangers Department is a separate entity from the San Antonio Police Department.

First, we consider whether the record supports the trial court’s finding that San Antonio Park Rangers serve in a professional law enforcement capacity. San Antonio Park Rangers are commissioned peace officers because they meet the minimum standards outlined in the Rules and Regulations of the Texas Commission Law Enforcement Officer Standards and Education. San Antonio, Tex., Ordinance 27,-051 (Oct. 30, 1958); San Antonio, Tex., Ordinance 45,868 (Oct. 23, 1975). Park Rangers are part of the Department of Parks and Recreation instead of the San Antonio Police Department. The Department is run by a director who implements policies, functions, and areas of responsibility and operational procedures with the concurrence of the City Manager, City Attorney, City’s Director of Personnel, and the Chief of the San Antonio Police Department. Ordinance 45,868.

Park Rangers function in the following ways: (1) assist visitors to and users of City parks and recreation facilities by providing information and related assistance; (2) provide for the safety and security of visitors to and users of City parks and recreation facilities and protection of public parks and recreation property and facilities; (3) assist the San Antonio Police Department as needed and as requested; and (4) carry out such law enforcement responsibilities as are commensurate with their status as commissioned peace officers. Ordinance 45,868.

During duty hours, the Park Rangers’ physical areas of responsibility are confined to city parks, streets, roads, Department recreational facilities, and parking lots therein. Ordinance 45,868. Their law enforcement actions are limited to these areas although this does not imply a limitation on the inherent law enforcement responsibility of a commissioned peace officer. Ordinance 45,868.

Procedures for arrest/detention, booking, and investigative responsibilities and related subsequent follow-up actions must be jointly established by the Directors of the Parks and Recreation Department and the Police Department. Additionally, their reporting procedures must be compatible with current Police Department’s data collection system. Ordinance 45,868.

Park Rangers must carry weapons while on official duty and while traveling to and from the place of residence. Ordinance 45,868. Park Rangers were appointed as peace officers and were authorized to carry arms for the purpose of vesting them with the powers necessary “to carry out their duties as law enforcement officers.” Ordinance 27,051. They enforce local and state ordinances.

While testimony supports a finding that Park Rangers do not issue as many citations or prosecute as many ordinance violations as the Police Department, we find the evidence overwhelming that Park Rangers regularly serve in a professional law enforcement capacity.

We consider next whether the statutory language “in the police department” in-[192]*192eludes Park Rangers since the San Antonio Park Rangers Department is a separate entity from the San Antonio Police Department. We will construe liberally this Act to achieve its purpose and to promote justice. Tex.Rev.Civ.Stat.Ann. art.

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850 S.W.2d 189, 1992 Tex. App. LEXIS 3305, 1992 WL 341852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-san-antonio-v-san-antonio-park-rangers-assn-texapp-1992.