Vela v. Gomez

4 S.W.3d 911, 1999 Tex. App. LEXIS 7952, 1999 WL 1081084
CourtCourt of Appeals of Texas
DecidedOctober 21, 1999
DocketNo. 13-99-309-CV
StatusPublished
Cited by4 cases

This text of 4 S.W.3d 911 (Vela v. Gomez) 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.

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Vela v. Gomez, 4 S.W.3d 911, 1999 Tex. App. LEXIS 7952, 1999 WL 1081084 (Tex. Ct. App. 1999).

Opinion

OPINION

Opinion by

Justice CHAVEZ.

Appellee Nancy Maria Gomez sued the Texas Department of Health (TDH) and appellants, Dr. Leonel Vela and Sylvia Garces-Hobbs, alleging discrimination in hiring. Vela and Hobbs bring this interlocutory appeal1 from the trial court’s denial of their motion for summary judgment based on official immunity. We reverse and render judgment that Gomez take nothing.

Vela served as the Regional Medical Director for TDH from September 1992 through August 1997. As the TDH director, Vela was responsible for reviewing the hiring recommendations of selection committees and making the decision to accept or deny the committee’s recommendations. Hobbs, who served as TDH’s Assistant Regional Director for Administration, assisted Vela in his hiring duties and was responsible for the hiring of TDH employees in Vela’s absence.

Gomez, a Hispanic female, worked several years for the Hidalgo County Medical Transport Program. The Texas Department of Human Services was responsible for administering the program, but in 1993, the program was transferred to TDH. In 1994, 1995, and 1997, Gomez applied for three different positions with TDH. In each instance, she was interviewed by a selection committee along with other applicants, and was not recommended for any of the three positions. In 1994, the position was given to a Hispanic female who was selected from among seven applicants. In 1995 and 1997, Hispanic males were selected from among the applicants.

During 1994 and 1995, Gomez had also applied for three other positions for which no one was ultimately hired. After initially being posted, these jobs were “canceled” or “upgraded” for various reasons. As a result of not being hired by TDH, Gomez communicated with TDH personnel in [913]*913Austin, complaining of the hiring process and expressing her belief that she was the most qualified applicant. In March 1995, she filed a formal complaint with the Equal Employment Opportunity Commission and received notice of her right to sue in August 1996. In October 1996, Gomez filed suit against TDH, Vela, and Hobbs alleging discrimination, intentional infliction of emotional distress, and retaliation for filing her EEOC complaint. In an amended petition, Gomez added an allegation that Vela and Hobbs engaged in a civil conspiracy. Vela and Hobbs filed a motion for summary judgment asserting official immunity and arguing that Gomez’s claims were not actionable as a matter of law. The trial court denied their motion and this interlocutory appeal followed. TDH is not a party to this appeal.

Appellants’ sole issue contends the trial court erred in denying their motion for summary judgment based on the doctrine of official immunity.

The standard of review in a summary judgment case is well-established:

1. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.
2. In deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true.
3. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor.

American Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997); Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548-49 (Tex.1985). A trial court should grant a defendant’s motion for summary judgment if the defendant disproves at least one essential element of the plaintiffs cause of action, or if the defendant establishes all the elements of an affirmative defense as a matter of law. Science Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex.1997); Dickson v. State Farm Lloyds, 944 S.W.2d 666, 667 (Tex.App.-Corpus Christi 1997, no writ).

Official immunity is an affirmative defense requiring the defendant to establish all elements of the defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994). Government employees are entitled to official immunity from suit arising from the performance of them (1) discretionary duties in (2) good faith as long as they are (3) acting within the scope of their authority. Id. The purpose of official immunity is to insulate the functioning of government from the harassment of litigation, not to protect erring employees. Kassen v. Hatley, 887 S.W.2d 4, 8 (Tex.1994).

The parties do not dispute whether appellants’ duties were discretionary. Therefore, we need only address whether their duties were performed in good faith and within the scope of their authority. The test for whether a government official or employee acted in good faith is one of “objective legal reasonableness.” City of Lancaster, 883 S.W.2d at 656. Under this test, appellants will be deemed to have acted in good faith if a reasonably prudent official or employee, under the same or similar circumstances, could have believed that appellants’ acts were justified. See id. The “could have believed” aspect of the good faith test means that in order to be entitled to summary judgment, appellants must prove that a reasonably prudent regional director or assistant director might have believed that the hiring process they were following should have been continued. See id. To controvert appellants’ summary judgment proof on good faith, Gomez must show that no reasonable person in the [914]*914appellants’ position could have thought the facts were such that they justified appellants’ acts. See id.

We begin our good faith analysis by reviewing appellants’ job duties and determining whether they were justified in making the hiring decisions they made. In his affidavit attached to the motion for summary judgment, Vela described his duties as follows:

I was the ultimate authority for the hiring, discipline, and dismissal of all TDH employees in the Region 11 area. As Regional Director, I was responsible for reviewing the hiring recommendations of selection committees, and exercising my discretion in either accepting or denying their recommendations. In deciding whether to accept or deny a recommendation, I would independently review the application and credentials of the applicant recommended by the committee. In my absence, my Assistant Regional Director for Administration [Hobbs] would review any recommendations.

In 1995, a three-member selection committee submitted a memorandum to Vela wherein the committee recommended that Mr. Carlos DeLaRosa be hired for the position of Program Specialist I. This memorandum summarized why the committee had chosen Mr. DeLaRosa as the top candidate. Based on his skills and twenty years of experience with the State, including experience in the supervision and management of employees, the committee gave DeLaRosa a unanimous recommendation. Vela accepted the recommendation and DeLaRosa was hired for the job.

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4 S.W.3d 911, 1999 Tex. App. LEXIS 7952, 1999 WL 1081084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vela-v-gomez-texapp-1999.