Houston Municipal Employees Pension System v. Craig E. Ferrell, Jr.

177 S.W.3d 502, 2005 Tex. App. LEXIS 3869
CourtCourt of Appeals of Texas
DecidedMay 20, 2005
Docket01-03-00925-CV
StatusPublished
Cited by8 cases

This text of 177 S.W.3d 502 (Houston Municipal Employees Pension System v. Craig E. Ferrell, Jr.) 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
Houston Municipal Employees Pension System v. Craig E. Ferrell, Jr., 177 S.W.3d 502, 2005 Tex. App. LEXIS 3869 (Tex. Ct. App. 2005).

Opinions

OPINION

TERRY JENNINGS, Justice.

In this interlocutory appeal,1 appellant, Houston Municipal Employees Pension System (“HMEPS”), challenges the trial court’s denial of its motion to dismiss, for want of jurisdiction, the action for declaratory judgment2 and injunctive relief asserted against it by appellees, Craig E. Ferrell Jr., Al Pena, B.L. Chebret, Brad Piel, Bubba Caldwell, C. Newman, Cole Lester, G.L. Blankenship, Gary Gryder, George Shaw, Harold Barthe, J.J. Berry, J.M. Demartin, Jeff Larson, Joe Pyland, John Miller, John Walsh, John Yencha, M. Donato, M.R. Clark, Matt Calley, Patricia [507]*507Murray, R.D. Mosley, R.L. Martin, Robert Sondoval, Rodney Johnson, Shawn Palin, T.J. Carr, Tom Hayes, and Warren Givens (collectively, “the plaintiffs”).

In four issues, HMEPS argues that the trial court erred in denying its motion because: (1) HMEPS is a governmental unit and is entitled to immunity from suit, (2) HMEPS has exclusive jurisdiction over pension benefit eligibility determinations and there is no statutory right to judicial review of such decisions, (3) any claims asserted by the plaintiffs regarding HMEPS’s denial of pension service credits are not ripe, and (4) the plaintiffs failed to plead an amount in controversy within the trial court’s jurisdictional limits.

We affirm.

Factual and Procedural Background

Craig Ferrell Jr. was a Houston Police Officer from 1977 until 1990 and during that time participated in the Houston Police Officers Pension System.3 In 1990, after obtaining his law degree, Ferrell was hired by the Houston Police Department’s Legal Services Division and began accruing credit in “Group B” of HMEPS, which is a separate pension system covering the municipal employees of the City of Houston.4

In 1998, HMEPS’s Board of Trustees issued a written “Acknowledgment of Statutory Application” that, in pertinent part, reads as follows:

A person is not eligible for HMEPS membership for the time period during which the person was in a position covered by another pension system to which the City of Houston contributes (“City pension system”).
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A person cannot receive any credited service in HMEPS for the time during which the person was not a member of HMEPS.

Later that same year, Ferrell requested that HMEPS give him service credit for his 13 years of employment as a police officer. In January 1999, David Long, HMEPS’s Executive Director, sent a letter to Ferrell denying his request for additional credit and informing him that “a person may receive credited sendee in HMEPS only for time during which the person is a member of HMEPS.”

In March 2003, Ferrell filed an original petition against HMEPS, asserting claims for breach of fiduciary duty, unilateral mistake, estoppel, fraud, breach of contract, negligent misrepresentation, “detrimental reliance,” “unconstitutional impairment of contract,” “interference with attainment of benefits,” and “unconseionability.” Ferrell also sought a declaratory judgment to establish “his entitlement to Pension Benefits in the HMEPS retirement system for all of his years of service while working for the City of Houston ... starting 5/23/1977 until the present” in “HMEPS retirement PLAN A.” HMEPS moved to dismiss Ferrell’s suit for lack of subject matter jurisdiction on the basis of governmental immunity. Ferrell then filed a first amended petition, maintaining his action for declaratory judgment and injunctive relief, but dropping all of the other claims. In his second amended petition, Ferrell expressly eliminated his request for money damages, but sought an additional declaration that he was entitled to service credit in [508]*508HMEPS for the time that he had been enrolled as a cadet in the Houston Police Academy.

Subsequently, in a first supplemental petition, 29 additional plaintiffs joined the action for declaratory judgment and in-junctive relief, also seeking a declaration that they were entitled to service credit in HMEPS for the time period from May to September 1977, during which they had been enrolled as cadets at the Houston Police Academy. The plaintiffs asserted that, during this four-month period, they had been employed as municipal employees of the City of Houston and were entitled to corresponding service credit in HMEPS.

In a supplemental motion to dismiss, HMEPS, again asserting that it was immune from suit, also asserted that the plaintiffs’ action regarding service credit for their time enrolled in the Houston Police Academy was not ripe because HMEPS had not made any determination as to whether the plaintiffs were entitled to such credit. HMEPS also argued that the trial court lacked jurisdiction over Ferrell’s claims for service credit for the years of his employment as a police officer because a declaratory judgment in Ferrell’s favor would entitle him to additional pension benefits that would exceed the maximum jurisdictional limits of the trial court.

The trial court denied HMEPS’s motion to dismiss, but, in its order, noted that it had done so solely on the basis of HMEPS’s argument that it was entitled to immunity from suit. The trial court’s order expressly recites that, “[a]ll other issues raised by [HMEPS] are reserved for further consideration and are expressly not ruled upon at this time.” HMEPS objected to the trial court’s refusal to rule on all of the grounds presented in its motion and supplemental motion to dismiss, and HMEPS has included this refusal in its notice of appeal.5

Standard of Review

An appeal may be taken from an interlocutory order that grants or denies a plea to the jurisdiction filed by “a governmental unit.” Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2004-2005); Tex. Civ. Prac. & Rem.Code Ann. § 101.001(3)(D) (Vernon Supp.2004-2005). We review a trial court’s disposition of a plea to the jurisdiction under a de novo standard of review. Hoff. v. Nueces County, 153 S.W.3d 45, 48 (Tex.2004); Reese v. City of Hunter’s Creek Village, 95 S.W.3d 389, 391 (Tex.App.-Houston [1st Dist.] 2002, pet. denied). When reviewing a trial court’s ruling on a plea to the jurisdiction, we consider the facts alleged by the plaintiffs and, to the extent relevant to the jurisdictional issues, any evidence submitted by the parties. Texas Natural Res. Conservation Comm’n v. White, 46 S.W.3d 864, 868 (Tex.2001).

Governmental Immunity

In its first issue, HMEPS argues that the trial court erred in denying its motion to dismiss, for lack of jurisdiction, the plaintiffs’ action for declaratory judgment because HMEPS is a governmental unit entitled to immunity from suit. HMEPS asserts that the plaintiffs’ action is really a claim for money damages and that the plaintiffs seek to control HMEPS’s lawful actions. HMEPS also generally contends that the plaintiffs have not properly asserted an injunction action and that it is improper to seek an injunction against a governmental entity rather than some individual in authority at the entity.

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Bluebook (online)
177 S.W.3d 502, 2005 Tex. App. LEXIS 3869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-municipal-employees-pension-system-v-craig-e-ferrell-jr-texapp-2005.