Harrison v. City of San Antonio

695 S.W.2d 271, 1985 Tex. App. LEXIS 12004
CourtCourt of Appeals of Texas
DecidedJune 26, 1985
Docket04-83-00523-CV
StatusPublished
Cited by19 cases

This text of 695 S.W.2d 271 (Harrison v. City of San Antonio) 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
Harrison v. City of San Antonio, 695 S.W.2d 271, 1985 Tex. App. LEXIS 12004 (Tex. Ct. App. 1985).

Opinions

REEVES, Justice.

This appeal concerns the construction of a collective bargaining agreement between the City of San Antonio and the San Antonio Police Officers Association, and the authority of the president of the Association to amend the agreement without the approval of the membership or its board of directors.

The appellants, plaintiffs below, are four members of the San Antonio Police Department who took an examination for the position of sergeant in the police department. They assert the examination deviated from the criteria established in the collective bargaining agreement.

The case was tried to the court and the trial judge found for the City and the police officers association; the four members bring this appeal.

The City has adopted the State Civil Service Act applicable to firemen and policemen, TEX.REV.CIV.STAT.ANN. art. 1269m (Vernon Supp.1985) and TEX.REV.CIV.STAT.ANN. art. 5154c-1 (Vernon Supp.1985), The Fire and Police Employee Relations Act, which grants the City and the police department the right to negotiate collective bargaining agreements. When a contract has been negotiated by representatives of the City and the Association, it is then approved by the City, and submitted to the membership of the Association for its approval.

The parties entered into a two-year agreement. This agreement, for the first time, contains in its section dealing with examination for promotions “An Assessment Center Examination.” This provision provides, in part:

B. Assessment Center Examination
The Assessment Center Board shall consist of three (3) members as follows:
The Assessment Center Examination will include exercises related to the duties and responsibilities of the job classification in question and shall include as a minimum an in-basket exercise, a leaderless group discussion and a structured interview....

Some months before the sergeant’s examination, the City, the Association’s president and several members of the board of directors of the Association met to consider the methods to be used in implementing the Assessment Center Examination. Dr. Terry Eisenburg, a psychologist, was retained to conduct the Assessment Center Examination. Dr. Eisenburg expressed dissatisfaction with the number of the members of the Assessment Center Board and the structured interview examination as provided for in the collective bargaining agreement. He felt that the number of assessors was inadequate and the structured interview was not as effective as an oral presentation.

After several conferences between the City and the president, they agreed to substitute the structured interview for the oral [274]*274presentation. This change was reached approximately two weeks before the examination but was never reduced to writing.

While no action was requested or obtained modifying the agreement as to the structured interview, an instrument titled “Memorandum of Agreement and Understanding” was signed by the president of the Association and the city manager. This memorandum of agreement and understanding amended Article 11, section IB by increasing the membership of the Assessment Center Board from three to five members. The city manager’s authorization was based on an ordinance passed by the city council of San Antonio. The president did not obtain specific authorization from the board of directors nor the membership of the San Antonio Police Officers Association.

Approximately fifty-five police officers took the written examination for sergeant. Appellants were among the twenty who qualified for the second phase of the examination, the Assessment Center Examination. The examination was conducted in two days; ten candidates took the exam each day.

The Assessment Center Examination was conducted in the following manner: five assessors and ten candidates were present in the same room during the examination, but only two assessors graded each candidate on each part of the examination. However, since the examination consisted of three parts, each assessor graded a part of the examination of all ten candidates. After all the candidates had completed the examination, the five assessors collaborated in establishing a candidate’s grade.

The eligibility list for sergeant is established by ranking applicants in the following manner: by adding fifty percent (50%) of the written exam score and fifty percent (50%) of the Assessment Center score, plus one point for each year of service in the police department up to a maximum of ten points. For example, using a candidate with ten years service:

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Harrison v. City of San Antonio
695 S.W.2d 271 (Court of Appeals of Texas, 1985)

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Bluebook (online)
695 S.W.2d 271, 1985 Tex. App. LEXIS 12004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-city-of-san-antonio-texapp-1985.