CITY OF WACO v. KELLEY

No. 04-1113.

197 S.W.3d 324 (2006)

CITY OF WACO, Texas, Petitioner, v. Larry KELLEY, Respondent.

Supreme Court of Texas.

June 30, 2006.


Attorney(s) appearing for the Case

Kevin Wayne Cole, Jennifer A. Powell, Arthur Pertile, III, Christopher Daniel Taylor, for petitioner.

LaNelle L. McNamara, Riichard W. Carter, Michael Lee Rickman, for respondent.

Brad Neighbor, B. Craig Deats, for amicus curiae.


PER CURIAM.

Larry Kelley, Waco's Assistant Chief of Police, was suspended indefinitely by the Chief of Police for his arrest while driving under the influence of alcohol. Kelley appealed the suspension to an independent third party hearing examiner, who found the charges were proven but reduced the indefinite suspension to a 180-day suspension with reinstatement at the rank of sergeant. The examiner also awarded Kelley back pay. The City challenged the decision on...

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