civil service rule (Texas) · Go Syfert
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civil service rule in Texas

11 Texas opinions name it 3 courts 1959–2022 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Bolieu v. Firemen's & Policemen's Civil Service Commission of San Antoniogreen
texapp · 1959 · cited in 2 Texas opinions naming this issue, 1967–1983
2 sentences

1983Bolieu v. Firemen's & Policemen's Civil Service Commission, 330 S.W.2d 234, 236 (Tex.Civ.App.—San Antonio 1959, writ ref’d n.r.e.).

1967It shall not be sufficient for the department head merely to refer to the provisions of the rules alleged to have been violated and in case the department head does not specifically point out the act or acts complained of on the part of such employee, it shall be the duty of the Commission promptly to reinstate him. * * In Bolieu v. Firemen’s & Policemen’s Civil Service Commission, 330 S.W.2d 234 (Tex.Civ.App.1959, writ ref. n. r. e.) it was held that civil service hearings are not subject to “the stringency of the criminal law * * * and that § 5 of art. 1269m recognizes that a general charge,

12
Bexar County Sheriff's Civil Service Commission v. Davisgreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Comm’n v. Davis, 802 S.W.2d 659, 662-63 (Tex. 1990) (examining sheriff’s pre-termination actions); City of San Antonio v. Poulos, 422 S.W.2d 140, 144-45 (Tex. 1967) (when police chief did not comply with procedure to properly charge a violation of a civil service rule, commission’s ruling upholding dismissal was arbitrary); City of Carrollton v. Popescu, 806 S.W.2d 268, 272 (Tex. App.—Dallas 1991, no writ) (city failed to perform all conditions precedent to removal of employee); Smith, 552 S.W.2d at 947 ; Cash v. City of Houston, 426 S.W.2d 624, 627 (Tex. App.—Houston [14th Dist.] 1968, writ r

11
City of Carrollton v. Popescugreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Comm’n v. Davis, 802 S.W.2d 659, 662-63 (Tex. 1990) (examining sheriff’s pre-termination actions); City of San Antonio v. Poulos, 422 S.W.2d 140, 144-45 (Tex. 1967) (when police chief did not comply with procedure to properly charge a violation of a civil service rule, commission’s ruling upholding dismissal was arbitrary); City of Carrollton v. Popescu, 806 S.W.2d 268, 272 (Tex. App.—Dallas 1991, no writ) (city failed to perform all conditions precedent to removal of employee); Smith, 552 S.W.2d at 947 ; Cash v. City of Houston, 426 S.W.2d 624, 627 (Tex. App.—Houston [14th Dist.] 1968, writ r

11
City of San Antonio v. Poulosgreen
tex · 1967 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Comm’n v. Davis, 802 S.W.2d 659, 662-63 (Tex. 1990) (examining sheriff’s pre-termination actions); City of San Antonio v. Poulos, 422 S.W.2d 140, 144-45 (Tex. 1967) (when police chief did not comply with procedure to properly charge a violation of a civil service rule, commission’s ruling upholding dismissal was arbitrary); City of Carrollton v. Popescu, 806 S.W.2d 268, 272 (Tex. App.—Dallas 1991, no writ) (city failed to perform all conditions precedent to removal of employee); Smith, 552 S.W.2d at 947 ; Cash v. City of Houston, 426 S.W.2d 624, 627 (Tex. App.—Houston [14th Dist.] 1968, writ r

11
Cash v. City of Houstongreen
texapp · 1968 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Comm’n v. Davis, 802 S.W.2d 659, 662-63 (Tex. 1990) (examining sheriff’s pre-termination actions); City of San Antonio v. Poulos, 422 S.W.2d 140, 144-45 (Tex. 1967) (when police chief did not comply with procedure to properly charge a violation of a civil service rule, commission’s ruling upholding dismissal was arbitrary); City of Carrollton v. Popescu, 806 S.W.2d 268, 272 (Tex. App.—Dallas 1991, no writ) (city failed to perform all conditions precedent to removal of employee); Smith, 552 S.W.2d at 947 ; Cash v. City of Houston, 426 S.W.2d 624, 627 (Tex. App.—Houston [14th Dist.] 1968, writ r

11
Harris County Bail Bond Board v. Burnsgreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See CLEAT Brief, supra note 3, at 4; see also Harris County Bail Bond Bd v. Burns , 790 S.W.2d 862 (Tex.App.-Houston [14th Dist.] 1990, writ denied).

11
Firemen's & Policemen's Civil Service Commission of Galveston v. Bondsgreen
texapp · 1984 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988See id. at 245 .

11
Firemen's & Policemen's Civil Service Commission v. Lockhartgreen
tex · 1981 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982Judge Barrow, speaking in Firemen’s & Policemen’s Civil Service Commission of Fort Worth v. Lockhart, 626 S.W.2d 492, 494 (Tex.1981) seems to agree: This statute requires that a department head refer to the violated rule and specifically point out the act or acts about which he complains.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Smith v. City of Houston green
texapp · 1977
1 sentence

2022Comm’n v. Davis, 802 S.W.2d 659, 662-63 (Tex. 1990) (examining sheriff’s pre-termination actions); City of San Antonio v. Poulos, 422 S.W.2d 140, 144-45 (Tex. 1967) (when police chief did not comply with procedure to properly charge a violation of a civil service rule, commission’s ruling upholding dismissal was arbitrary); City of Carrollton v. Popescu, 806 S.W.2d 268, 272 (Tex. App.—Dallas 1991, no writ) (city failed to perform all conditions precedent to removal of employee); Smith, 552 S.W.2d at 947 ; Cash v. City of Houston, 426 S.W.2d 624, 627 (Tex. App.—Houston [14th Dist.] 1968, writ r

12022–2022
City of DeSoto v. White green
tex · 2009
1 sentence

2015City of Athens v MacAvoy, 353 S.W.3d 905 (Tex. App. -Tyler 2011, pet. denied); City of DeSoto v White, 288 S.W.3d 389 (Tex. 2009); Nelson v City of Dallas, 278 S.W.3d 90 (Tex. App.–Dallas 2009, pet. denied) (Dallas uses its own form of civil service procedures)13; Bracey v. City of Killeen, 417 S.W.3d 94 (Tex. App.-Austin, 2013, no pet) (officer selected an independent hearing officer rather than the Civil Service Commission).

12015–2015
Tramel R. Bracey v. City of Killeen, Texas And Police Chief Dennis Baldwin green
texapp · 2013
1 sentence

2015City of Athens v MacAvoy, 353 S.W.3d 905 (Tex. App. -Tyler 2011, pet. denied); City of DeSoto v White, 288 S.W.3d 389 (Tex. 2009); Nelson v City of Dallas, 278 S.W.3d 90 (Tex. App.–Dallas 2009, pet. denied) (Dallas uses its own form of civil service procedures)13; Bracey v. City of Killeen, 417 S.W.3d 94 (Tex. App.-Austin, 2013, no pet) (officer selected an independent hearing officer rather than the Civil Service Commission).

12015–2015
City of Athens, Texas v. James MacAvoy green
texapp · 2011
1 sentence

2015City of Athens v MacAvoy, 353 S.W.3d 905 (Tex. App. -Tyler 2011, pet. denied); City of DeSoto v White, 288 S.W.3d 389 (Tex. 2009); Nelson v City of Dallas, 278 S.W.3d 90 (Tex. App.–Dallas 2009, pet. denied) (Dallas uses its own form of civil service procedures)13; Bracey v. City of Killeen, 417 S.W.3d 94 (Tex. App.-Austin, 2013, no pet) (officer selected an independent hearing officer rather than the Civil Service Commission).

12015–2015
Nelson v. City of Dallas green
texapp · 2009
1 sentence

2015City of Athens v MacAvoy, 353 S.W.3d 905 (Tex. App. -Tyler 2011, pet. denied); City of DeSoto v White, 288 S.W.3d 389 (Tex. 2009); Nelson v City of Dallas, 278 S.W.3d 90 (Tex. App.–Dallas 2009, pet. denied) (Dallas uses its own form of civil service procedures)13; Bracey v. City of Killeen, 417 S.W.3d 94 (Tex. App.-Austin, 2013, no pet) (officer selected an independent hearing officer rather than the Civil Service Commission).

12015–2015
City of Waco v. Kelley green
tex · 2010
1 sentence

2014In summarizing the procedures for discipline under the Act, the supreme court also stated that “[i]nvoluntary discipline of an officer by the department head may be only for violation of a civil service rule.” Id. at 545 (citing section 143.052(b)).

12014–2014
Civil Service Commission v. Carter green
texapp · 1960
2 sentences

1993We conclude that the following language from Civil Service Commission v. Carter, 344 S.W.2d 225 (Tex.Civ.App.-Texarkana 1960, no writ) (per curiam), construing the statutory predecessor to chapter 143, is still correct as applied to the current law: [O]nly the Chief or Head of the Police Department may suspend a policeman indefinitely, and only the Civil Service Commission, as a Board of Appeals, may order a policeman discharged from the service after finding the policeman guilty of the violation of a civil service rule specified in the department's Head [sic] or Chief's timely filed, written

1993We conclude that the following language from Civil Service Commission v. Carter, 344 S.W.2d 225 (Tex.Civ.App.-Texarkana 1960, no writ) (per curiam), construing the statutory predecessor to chapter 143, is still correct as applied to the current law: [O]nly the Chief or Head of the Police Department may suspend a policeman indefinitely, and only the Civil Service Commission, as a Board of Appeals, may order a policeman discharged from the service after finding the policeman guilty of the violation of a civil service rule specified in the department's Head [sic] or Chief's timely filed, written

11993–1993
Firemen's & Policemen's Civil Service Commission v. Martinez neutral
texapp · 1982
1 sentence

1983Intoxication off duty; and for [sic] letter V, conduct unbecoming an officer.” In an opinion not yet published, a panel of this Court held that the statement giving the grounds for suspension which charged that the suspended officer “violated Rule II, Section 2, letter ‘p’, Deliberate Insubordination to Superior Officer” was insufficient because it did not identify the rule as a “civil service rule.” Firemen’s & Policemen’s Civil Service Commission of the City of Laredo v. Martinez, 643 S.W.2d 770 (Tex.App.—San Antonio, 1982).

11983–1983
City of Laredo v. Guerrero neutral
texapp · 1983
1 sentence

1983The district court ordered reinstatement with back pay and the court of appeals affirmed, holding that the written statement of suspension was insufficient under Tex.Rev.Civ.Stat.Ann. art. 1269m § 16, because it did not state the rule which was violated was a civil service rule. 646 S.W.2d 581 .

11983–1983
Fuller v. Mitchell green
texapp · 1954
2 sentences

1959In Fuller v. Mitchell, Tex.Civ.App., 269 S.W.2d 517 , it was again held that a man does not have a constitutional right to be a policeman, and that the action of the Civil Service Commission in discharging him can be made final without the necessity of a judicial review.

1959In Fuller v. Mitchell, Tex.Civ.App., 269 S.W.2d 517 , it was again held that a man does not have a constitutional right to be a policeman, and that the action of the Civil Service Commission in discharging him can be made final without the necessity of a judicial review.

11959–1959

Where else courts name it

LA 36 (1976–2022) TX 11 (1959–2022) NY 11 (1898–2008) PA 7 (1941–2024) CA 6 (1960–2015) NJ 6 (1975–1985) OH 5 (2005–2024) MA 4 (1935–2023) WV 3 (1977–2012) MI 3 (1980–2013) CT 2 (2005–2012) OR 2 (1977–1985) IA 2 (1981–2018) MN 2 (1966–1980) FL 2 (1975–1978) WY 2 (1972–1974)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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