Supreme Court of Texas

In an action by an assistant chief of police challenging his indefinite suspension for being arrested and charged with drunk-driving in another city, the judgment of the hearing examiner is reversed and remanded where: 1) although the hearing examiner did not exceed his jurisdiction by reducing the indefinite suspension, he exceeded his jurisdiction by ordering a 180-day suspension, as the Civil Service Act does not authorize a hearing examiner to impose a temporary suspension of more than 15 days; 2) the hearing examiner exceeded his jurisdiction by ordering back pay and benefits to the extent they were awarded for any time during which the assistant chief was suspended; 3) the hearing examiner exceeded his jurisdiction by demoting the chief assistant; and 4) the court of appeals erred in affirming assistant chief's award of attorneys' fees.

Appellate Information

• Decided 02/22/2010
• Published 02/22/2010

Judges

Court

• Supreme Court of Texas

Counsel