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CITY OF WACO v. KELLEY

No. 07-0485.

309 S.W.3d 536 (2010)

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

Supreme Court of Texas.

Decided February 19, 2010.

Attorney(s) appearing for the Case

Kevin Wayne Cole, Cole & Powell, P.C., Jennifer A. Powell, Schwartz & Eichelbaum Wardell Mehl and Hansen, Austin, Arthur Pertile III, City Attorney, Christopher Daniel Taylor, Assistant City Attorney, John T. Patterson, Interim City Attorney, David W. Holman, The Holman Law Firm, P.C., Houston, Leah-Flora Bernadett Hayes, City Attorney, for Petitioner.

LaNelle L. McNamara, LaNelle L. McNamara, P.C., Waco, Michael Lee Rickman, C.L.E.A.T. Office, Richard W. Carter, Combined Law Enforcement Associations of Texas, Fort Worth, for Respondent.

B. Craig Deats, Deats Durst Owen & Levy, P.L.L.C., Austin, for Amicus Curiae Texas State Association of Fire Fighters.

Marcus L. Dobbs, Senior Assistant City Attorney, for Amicus Curiae City of Houston.

Justice JOHNSON delivered the opinion of the Court.

Under the City of Waco's civil service system, a police officer may appeal involuntary discipline to either the Civil Service Commission or a third party hearing examiner. In this case, an assistant chief was disciplined by being indefinitely suspended, which is the equivalent of being dismissed from the department. A hearing examiner found that the charges against him were true but determined that the discipline...

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