City of Dallas v. Moreau, 697 S.W.2d 472 (Tex. App. 1985). · Go Syfert
City of Dallas v. Moreau, 697 S.W.2d 472 (Tex. App. 1985). Cases Citing This Book View Copy Cite
54 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Hunt County Community Supervision and Corrections Department v. Christina Gaston (texapp, 2014-09-19)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) Hunt County Community Supervision and Corrections Department v. Christina Gaston (2×)
Tex. App. · 2014 · confidence medium
Even before the Legislature added the definition to the Act in 1995, this Court aptly observed in Robertson County v. Wymola that the ordinary meaning of “appropriate law enforcement authority” denotes “an investigative or executive function” that “[t]he judicial branch does not perform.”71 And that definition, as the Texas Supreme Court has repeatedly indicated, is only more emphatic in “restrict[ing] ‘law enforcement authority’ to its commonly understood meaning.”72 Although the high court has yet to address specifically whether judges or courts can fall within that defin…
discussed Cited as authority (rule) Hunt County Community Supervision and Corrections Department v. Christina Gaston
Tex. App. · 2014 · confidence medium
Even before the Legislature added the definition to the Act in 1995, this Court aptly observed in Robertson County v. Wymola that the ordinary meaning of “appropriate law enforcement authority” denotes “an investigative or executive function” that “[t]he judicial branch does not perform.”70 And that definition, as the Texas Supreme Court has repeatedly indicated, is only more emphatic in “restrict[ing] ‘law enforcement authority’ to its commonly understood meaning.”71 Although the high court has yet to address specifically whether judges or courts can fall within that defin…
discussed Cited as authority (rule) Joe Manuel Diaz v. State
Tex. App. · 2012 · confidence medium
See Haynes v. State, 468 S.W.2d 375, 378 (Tex.Crim.App.1971) (discussing former mag istrate’s practice of signing blank pads of arrest warrants), cert. denied, 405 U.S. 956 , 92 S.Ct. 1180 , 31 L.Ed.2d 233 (1972); City of Dallas v. Moreau, 697 S.W.2d 472, 473-74 (Tex.App.-Dallas 1985, no writ) (discussing the firing of a Dallas municipal court bailiff for refusing to stamp blank warrants with the municipal judge’s signature). .
discussed Cited as authority (rule) Elthon, Don v. the University of Houston
Tex. App. · 2002 · confidence medium
Nothing in the record supports this argument, nor did Elthon raise any objection at trial suggesting the question would be A confusing to the jury. @ [2] See, e.g., City of Dallas v. Moreau , 697 S.W.2d 472, 474 (Tex. App. C Dallas 1985, no writ); Travis County v. Colunga , 753 S.W.2d 716, 719-20 (Tex. App. C Austin 1988, writ denied); Castenada v. Texas Department of Agriculture , 831 S.W.2d 501, 503 (Tex. App. C Corpus Christi 1992, writ denied).
discussed Cited as authority (rule) Burnet County Sheriff's Department and Burnet County, Texas v. Zarina Carlisle
Tex. App. · 2001 · confidence medium
In enacting the Whistleblower Act, it was not the Legislature's "intent to protect miscellaneous complaints and discussions with fellow workers." City of Dallas v. Moreau , 697 S.W.2d 472, 475 (Tex. App.--Dallas 1985, no writ).
examined Cited as authority (rule) Robertson County, Texas v. Cynthia Wymola (3×) also: Cited "see"
Tex. App. · 2000 · confidence medium
Otherwise, the court's conclusion that the city attorney's staff members were not "appropriate" directly contradicts its reasoning that "appropriate" includes having "the power to arrest, prosecute or otherwise discipline on account of an alleged violation being reported." City of Dallas v. Moreau , 697 S.W.2d 472, 474 (Tex. App.--Dallas 1985, no writ) (emphasis added). 8.
examined Cited as authority (rule) Robertson County v. Wymola (3×) also: Cited "see"
Tex. App. · 2000 · confidence medium
Otherwise, the court’s conclusion that the city attorney’s staff members were not "appropriate” directly contradicts its reasoning that "appropriate” includes having "the power to arrest, prosecute or otherwise discipline on account of an alleged violation being reported.” City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App. — Dallas 1985, no writ) (emphasis added). 8 .
discussed Cited as authority (rule) Upton County, Tex. v. Brown (2×) also: Cited "see"
Tex. App. · 1997 · confidence medium
The Act provides the aggrieved employee with a presumption of retaliation if the termination occurs “not later than the 90th day after making a report.” Leach, 819 S.W.2d at 193 ; citing City of Dallas v. Moreau, 697 S.W.2d 472, 476 (Tex.App.-Dallas 1985, no writ); Green, 855 S.W.2d at 146 10 ; Tex.Rev.Cw.
cited Cited as authority (rule) Texas Department of Criminal Justice v. Terrell
Tex. App. · 1996 · confidence medium
Neither do we perceive any great good to be achieved by fostering such conduct.” Moreau, 697 S.W.2d at 475 (emphasis ours).
discussed Cited as authority (rule) Jerry Davis v. Ector County, Texas
unknown court · 1995 · confidence medium
Accord Knowlton v. Greenwood Independent School Dist., 957 F.2d 1172, 1181 (5th Cir.1992); see also Travis County v. Colunga, 753 S.W.2d 716, 719 (Tex.App.--Austin 1988, writ denied) (legislature intended term "appropriate" to be "sufficiently elastic" to include any civil authorities having power to compel obedience to the law in a particular case); City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App.--Dallas 1985, no writ) (authority must have the power and duty to change the problem reported).
discussed Cited as authority (rule) Johnnie Knowlton v. Greenwood Independent School District
5th Cir. · 1992 · confidence medium
Under the Act, a claimant must prove “that the law enforcement authority to whom he reported the alleged violation of law was an appropriate authority.” City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App.—Dallas 1985, no writ) (emphasis in original). 13 As noted, the jury so found.
discussed Cited as authority (rule) City of Houston v. Leach (2×)
Tex. App. · 1991 · confidence medium
The Act provides the aggrieved employee with a presumption of retaliation if he is terminated “not later than the 90th day after making a report.” City of Dallas v. Moreau, 697 S.W.2d 472, 476 (Tex.App.-Dallas 1985, no writ); Tex.Rev.Civ.Stat.Ann. art. 6252-16a § 3(b).
discussed Cited as authority (rule) Travis County v. Colunga (2×)
Tex. App. · 1988 · confidence medium
City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App.1985, no writ).
cited Cited "see" City of Weatherford v. Catron
Tex. App. · 2002 · signal: see · confidence high
See Tex Gov’t Code Ann. § 554.002(b). 36 . 697 S.W.2d 472, 474 (Tex.App.-Dallas 1985, no writ). 37 . 45 Tex. Sup.Ct.
discussed Cited "see" Texas Department of Transportation v. Eddie William Needham (2×)
Tex. App. · 2001 · signal: see · confidence high
See City of Dallas v. Moreau, 697 S.W.2d 472 (Tex.App.—Dallas 1985, no writ).
discussed Cited "see" City of Brenham v. Honerkamp
Tex. App. · 1997 · signal: see · confidence high
See City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App.—Dallas 1985, no writ) (defining an appropriate law enforcement authority); Travis County v. Colunga, 753 S.W.2d 716, 719-20 (Tex.App.—Austin 1988, writ denied).
cited Cited "see" West v. Brazos River Harbor Navigation District
S.D. Tex. · 1993 · signal: see · confidence high
See City of Dallas v. Moreau, 697 S.W.2d 472, 474 (Tex.App.—Dallas 1985, no writ).
discussed Cited "see, e.g." Duvall v. Texas Department of Human Services
Tex. App. · 2002 · signal: see also · confidence medium
We agree with the Department that Duvall has produced no evidence he reported to an appropriate law enforcement authority as currently defined by the Act. 6 *479 Duvall relies on pre 1995 case law for a broad definition of “appropriate law enforcement authority.” See Castaneda v. Texas Dep’t of Agriculture, 831 S.W.2d 501, 504 (Tex.App.-Corpus Christi 1992, writ denied) (defining “appropriate law enforcement authority” as “any entity with the capacity through legal processes or otherwise to take remedial action”); Travis County v. Colunga, 758 S.W.2d 716, 719-20 (Tex.App.-Austin …
discussed Cited "see, e.g." William Duvall v. Texas Department of Human Services
Tex. App. · 2002 · signal: see also · confidence medium
We agree with the Department that Duvall has produced no evidence he reported to an appropriate law enforcement authority as currently defined by the Act.6 Duvall relies on pre-1995 case law for a broad definition of “appropriate law enforcement authority.” See Castaneda v. Texas Dep’t of Agriculture, 831 S.W.2d 501, 504 (Tex.App.—Corpus Christi 1992, writ denied) (defining “appropriate law enforcement authority” as “any entity with the capacity through legal processes or otherwise to take remedial action”); Travis County v. Colunga, 753 S.W.2d 716, 719-20 (Tex. App.—Austin 1…
discussed Cited "see, e.g." William Duvall v. Texas Department of Human Services
Tex. App. · 2002 · signal: see also · confidence medium
We agree with the Department that Duvall has produced no evidence he reported to an appropriate law enforcement authority as currently defined by the Act. (6) Duvall relies on pre-1995 case law for a broad definition of "appropriate law enforcement authority." See Castaneda v. Texas Dep't of Agriculture , 831 S.W.2d 501, 504 (Tex.App.--Corpus Christi 1992, writ denied) (defining "appropriate law enforcement authority" as "any entity with the capacity through legal processes or otherwise to take remedial action") ; Travis County v. Colunga , 753 S.W.2d 716, 719-20 (Tex. App.--Austin 1988, writ …
CITY OF DALLAS, Appellant,
v.
Stephen MOREAU, Appellee
05-84-01314-CV.
Court of Appeals of Texas.
Sep 10, 1985.
697 S.W.2d 472
Analeslie Muncy, City Atty., Carroll R. Graham, Donna M. Atwood, Asst. City At-tys., Dallas, for appellant., Bruce A. Pauley, Lyon & Lyon, Dallas, for appellee.
Akin, Guillot, Howell.
Cited by 29 opinions  |  Published
HOWELL, Justice.

The City of Dallas appeals from a temporary injunction directing the City to permit Stephen Moreau to resume working as a bailiff for the Municipal Courts of the City of Dallas pending trial of claims by Moreau that the City discharged him from his position as a bailiff in violation of the Whistle Blower Act, TEX.REV.CIV.STAT.ANN. art. 6252-16a (Vernon Supp.1985). The City complains that the trial court abused its discretion in granting the injunction because there is no evidence that (1) Moreau will suffer irreparable injury; (2) Moreau has no adequate remedy at law; (3) the City has violated or threatens to continue to violate Article 6252-16a; or (4) Moreau has a probable right to recover on the merits. Finding no evidence that the statute has been violated and no showing of a probable right of recovery, we reverse the judgment of the trial court and dissolve the temporary injunction.

Moreau was serving as a bailiff with the Municipal Courts of Dallas when the Honorable Joan Winn began her appointment as Administrative Judge of those courts on January 1, 1984. Moreau came into controversy with Judge Winn on the procedure for stamping the Judge’s signature on post appearance day arrest warrants. At that time, the procedure was for the bailiffs to review the warrants for “clerical errors or omissions” and then to affix a facsimile stamp of the Administrative Judge’s signature to them. Moreau refused to stamp the warrants, claiming the procedure was illegal inasmuch as the warrants were stamped without judicial review for probable cause. The chief bailiff on at least two occasions, and Judge Winn on one occasion, had conversations with Moreau regarding his refusal to stamp warrants. On June 1, 1984, the chief bailiff again approached Moreau for the stated purpose of discussing the stamping of warrants. Moreau responded that there was no need to discuss the warrant stamping, that the process was illegal, and that he was not going to stamp warrants. Thereafter, on that same day,[*474] Moreau received a termination notice signed by Judge Winn, stating that he was discharged for insubordination in refusing to follow orders to stamp warrants.

In reviewing the ruling of a trial court on a temporary injunction, the test is whether the trial court abused its discretion. Texas Foundries v. International Moulders & Foundry Workers’ Union, 151 Tex. 239, 248 S.W.2d 460 (1952). In Texas Foundries the supreme court there announced the following test for abuse of discretion: “If the petition does allege a cause of action and evidence tending to sustain such cause of action is introduced, then there is no abuse of discretion by the trial court in issuing the temporary injunction.” 248 S.W.2d at 462.

The pertinent parts of article 6252-16a read:

Section 1. In this Act:
(1) “Law” means a state or federal statute, an ordinance passed by a local governmental body, or a rule adopted under a statute or an ordinance.
Sec. 2 A state or local governmental body may not suspend or terminate the employment of, or otherwise discriminate against, a public employee who reports a violation of law to an appropriate law enforcement authority if the employee report is made in good faith.
Sec. 3(b) A public employee who sues under this section has the burden of proof, but it is a rebuttable presumption that the employee was suspended or terminated for reporting a violation of law if the employee is suspended or terminated not later than the 90th day after making a report in good faith.

While the statute is inspecific and we have no prior decisions to guide us, we think that it is the burden of a plaintiff under this statute to identify the particular act of discrimination and the persons, either individually or as a group, who engaged in or procured the same. Moreau’s only significant claim of discrimination is that he was terminated from his employment. The termination notice was in writing and signed by Judge Winn. While Moreau had discussions with the chief bailiff immediately pri- or to his discharge, we find no contention that the chief bailiff procured his discharge. It follows that, in order to prevail at a temporary injunction hearing, Moreau, had the burden to produce some evidence that Judge Winn terminated his employment because he reported “a violation of law to an appropriate law enforcement authority.”

The term “law enforcement authority” is. most commonly applied to those who have the power and the duty to arrest for violations of the criminal law—peace officers. If the term “an appropriate law enforcement authority” means only peace officers, it would necessarily follow that the preceding term, “a violation of law,” refers only to violations of the criminal law. However, the definition contained in the statute is much broader than the criminal law. Plainly, it refers to all types of unlawful conduct. Conversely, we must conclude that the term “an appropriate law enforcement authority” is not limited to peace officers.

However, it is to be emphasized that the word appropriate is a part of the statutory term. We conclude that, in the order to prevail at the temporary injunction hearing, Moreau was required to produce evidence that the law enforcement authority to whom he reported the alleged violation of law was an appropriate authority. We hold that, in order to be “appropriate,” the authority to whom the report is given must have the power and the duty under the law to decide disputes concerning the lawfulness of the matter being reported, the power and the duty to order a halt or a change in the matter reported, the power to legislate or regulate with respect thereto, or the power to arrest, prosecute or otherwise discipline on account of an alleged violation being reported.

Reduced to its essentials, Moreau’s complaint is that Judge Winn committed “a violation of law” by ordering him to pro[*475] cess warrants in a manner contrary to the Texas Code of Criminal Procedure. We find no allegation that Judge Winn violated the Texas Penal Code; hence, no criminal misconduct. [1] We therefore conclude that it was not necessary for him to make his report to a peace officer.

Our next inquiry focuses on who or what would be “an appropriate law enforcement authority” to whom one might make a report that a judge has ordained a practice contrary to the provisions of the Code of Criminal Procedure. We need not provide a comprehensive answer to this question and confine our ruling to the facts of this case.

According to his testimony, Moreau spoke to many persons concerning the disputed practice. Whether these discussions can properly be described as “reports” of “a violation of law” will not be decided. Moreau testified to conversations with other judges of the Municipal Courts, a criminal district judge, members of the city attorney’s staff, successive chief bailiffs and numerous of his fellow bailiffs. We hold that none of this group was an appropriate authority. None of them had any supervisory powers over Judge Winn; none of them had the authority or the responsibility to order that Judge Winn alter or modify her conduct; and none of them had the authority to discipline Judge Winn for misconduct. Moreau’s claim for a temporary injunction, insofar as it is based upon a report to any of these persons, must fail.

Our ruling comports with the background of public concern, as we understand it, against which the Whistle Blower Act was adopted. Within recent years, there have been several highly publicized instances from around the nation wherein public employees have allegedly sustained adverse personnel consequences because of testimony given to legislative bodies and regulatory boards with respect to questionable practices in their area of employment. We think that this statute was enacted to encourage such type of reporting and to protect those who do so. We are not aware of any legislative intent to protect miscellaneous complaints and discussions with fellow workers. [2] Neither do we perceive any great good to be achieved by fostering such conduct. Complaints to those who have neither the power nor the responsibility to change the practice being reported contributes little besides disharmony.

In addition to the above persons, Moreau placed a telephone call to the State Commission on Judicial Conduct on June 1, 1984, at “approximately 3:00 p.m. in the afternoon.” [3] Judge Winn’s letter of discharge is dated the same day. Moreau failed to testify whether he received his termination notice before or after his phone call, but, if it is his claim that he was fired in retaliation for reporting Judge Winn’s actions to the Commission on Judicial Conduct, the injunction must fail. There is no showing that Judge Winn knew that this report had been made and no showing that Judge Winn had any reason to anticipate that this report would be made. This critical gap in his proof could have been cured by the statutory presumption in favor of a discharged worker if, and only if, he was discharged after making the report. Considering that the report was made rather late in the business day, that it took a significant amount of time to dictate the letter, type it and sign it, and that, according to Moreau’s testimony, the letter from Judge Winn was delivered to him that very day, we find it extremely unlikely that his report could have preceded the notice of termination.

[*476] The statute provides the aggrieved employee with a presumption of retaliation if he is suspended or terminated “not later than the 90th day after making a re-port_” However, it is an express provision that the burden of proof on the whole case is on the employee. It is likewise clear that he is not entitled to the benefit of the presumption unless discharged “after making a report” (emphasis added). Having failed to present evidence that the discharge occurred after the making of the report to the commission, Moreau has failed to invoke the presumption. Lacking the benefit of the presumption, Moreau has failed to carry his burden to show that he was discharged in retaliation for making a report to the Commission on Judicial Conduct.

Our decision is, of course, without prejudice to the evidence that may be introduced at the trial on the merits. We hold that at the temporary injunction hearing, Moreau failed to produce sufficient evidence to support a finding that he was terminated for reporting a violation of law to an appropriate law enforcement authority. The trial court abused its discretion in granting the temporary injunction and the injunction is dissolved.

1

. We further decline to decide if the disputed practice was in anywise unlawful. We expressly limit ourselves to the holding that even if the practice were unlawful, Moreau failed to show himself entitled to a temporary injunction.

2

. Moreau also testified that he had a discussion with a criminal district judge. However, it is settled that the district courts have no general supervisory jurisdiction over the justice courts; they would have no greater power to supervise municipal courts.

3

.Again, we decline to pass upon the question of whether a single telephone call is sufficient to invoke the statute.