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Edwards v. Murphy

256 S.W.2d 470, 1953 Tex. App. LEXIS 2261
CourtCourt of Appeals of Texas
DecidedFebruary 20, 1953
Docket15411
StatusPublished
Cited by11 cases

This text of 256 S.W.2d 470 (Edwards v. Murphy) 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
Edwards v. Murphy, 256 S.W.2d 470, 1953 Tex. App. LEXIS 2261 (Tex. Ct. App. 1953).

Opinion

MASSEY, Chief Justice.

From an order of mandamus issued by a. district court of Tarrant County to the City of Fort Worth and its councilmen, commanding that it proceed with reasonable dispatch to submit proposed city charter amendment to a vote of the electorate, the City and its councilmen appeal. Affirmed.

Original suit in this case was brought by John H. Murphy and others, appellees here-, in, as members of the fire department of the City of Fort Worth, against the City of Fort Worth and its councilmen, appellants herein, based upon a petition by more than ten per cent of the qualified voters of the' City of Fort Worth, reading as follows:

“Be It Enacted, By Charter Amendment To The City Of Fort Worth The Following To Wit:
“All members of the Fort Worth Fire Department engaged in Fire Fighting or in the suppression of Fire shall not be required to work more than sixty (60) hours in any one week or more than one hundred and twenty (120) hours in any two week period, this shall include all apprentice Firemen, Firemen 1st Class, Drivers, Lieutenant, Captains, District Chiefs, and Senior District Chiefs, or any member of the Department who shall ever work in any of these capacities.' The members of the Fire Department in these ranks or positions shall continue to work in shifts or tours of duty in the same manner as at present, which shall be 24 hours on duty and 24 hours off duty. Shifts shall be changed at 12 o’clock noon of each day, with the members of these respective divisions of the Fire Department divided into two (2) equal shifts, except that there shall be designated by the Chief of the Fire Department or any Fire Department Officer, whom the Chief might designate, one (1) twenty-four (24) hour tour of duty in each week, which would ordinarily be a regular or normal tour of duty, at which time each such Fireman shall not be re-, quired to work, thereby amounting to a maximum of sixty (60) hours in any one week or one hundred and twenty (120) hours in any two-week period.
“All other members of the Fire Department shall not be required to- work more forty (40) hours in any one week or more than eighty (80) hours in any two week period. This shall include all Assistant Chiefs, Fire Marshals, Assistant Fire Marshals, Chief Drill Instructors, Assistant Drill Instructors, Fire Inspectors, Executive Officers, Chief Fire Alarm Operators, Fire Alarm Operators, Custodians of Mechanical Equipment, Mechanics-, Secretaries, to the Chief, Fire Prevention Secretaries, and Secretaries to the Assistant Chief, or any member of the Fire Department who-shall ever work in any of these or other administrative capacities.
“The provisions of this amendment shall not prevent the Chief of the Fire Department or any Officer of the Fire Department,, whom the -Chief might designate, from requiring any member of the Fire Department to work hours in excess of the maximum-hours prescribed by the provisions of this, amendment, or to :be present at meetings, called by the Chief of the Fire Department or any Fire Department Officer whom the Chief might designate, however any such Fireman required to work extra hours or attend meetings on his off duty time shall be compensated, in addition to his- regular salary, an amount of money at the rate of one and one-half (1½) his regular rate of pay.
“The provisions of this charter amendment shall not be construed to be violated! when members of the Fire Department exchange time with each other or hire a substitute to work in his place, with the consent of the Fire Chief or any Fire Department Officer whom the Chief might designate.
“If the provisions of this charter amendment are adopted by a majority of the-qualified voters voting in this election, the-base salaries in effect on Oct. 1, 1951, for *473 each classification in the Fire Department shall be established as a minimum base salary for members of the Fire Department in each classification.
■ “If any part or parts of this charter amendment shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this charter amendment.
“If any section of the Charter of the City of Fort Worth is in conflict with this charter amendment as it pertains to wages and hours of work of the Fire Department, such section is hereby repealed.
“To The Mayor And City Council Of The City Of Fort Worth:
“We, the undersigned, who are qualified electors in and of the City of Fort Worth, County of Tarrant, and State, of Texas, hereby request that the accompanying proposed legislation in the form of a proposed ordinance, pertaining to maximum periods of work, manner of distribution of salaries and hours of work and minimum compensation, in the Fire Department of the City of Fort Worth ,be submitted to a vote of the people if not passed by the Council.

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Cite This Page — Counsel Stack

Bluebook (online)
256 S.W.2d 470, 1953 Tex. App. LEXIS 2261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-murphy-texapp-1953.