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Nueces County v. Ferguson11/27/2002
This is an interlocutory appeal from the denial of a plea to the jurisdiction. In two issues, appellants Nueces County ("the County") and Sheriff Larry Olivarez ("the Sheriff") assert that the trial court erred in denying their plea to the jurisdiction. We reverse and render.
BACKGROUND
In March of 1996, appellee, Gayle Ferguson, an employee of the Nueces County Sheriff's Department, applied for a posted position of training officer with the Sheriff's Department but was not awarded the position. The position instead went to Stanley Repka. Ferguson consequently filed a grievance against the sheriff of Nueces County with the Nueces County Civil Service Commission ("the Commission") for the sheriff's failure to appoint him to the position.
The Commission issued a decision on December 16, 1996, that stated, "The Commission holds that Sgt. Stanley Repka lacks the minimum qualifications for position number 015, Job Class & Title 1432 Training Officer" and pronounced that the Commission was deciding in favor of Ferguson. However, the Commission made no findings, nor did it award the position of training officer to Ferguson.
The position was reannounced in May of 1997 with the same qualifications listed and Ferguson again applied. The position was reannounced later with different qualifications and awarded to Repka. Consequently, in November of 1998, Ferguson filed a lawsuit against the County and against Sheriff Larry Olivarez.
While the lawsuit was pending, Ferguson, who remained in the employ of the Sheriff's Department, was terminated after being disciplined repeatedly. He appealed his termination to the Commission. The Commission issued a decision on the termination on August 15, 2001, wherein it made the following "FINDINGS AND DECISIONS": "It is the unanimous decision of the members of the Commission in regards to Grievance Number 02091-1, Gayle C. Ferguson v. Nueces County Sheriff's Department to reduce the termination to a ninety day suspension." No other decision or finding was made.
On September 17, 2001, Ferguson amended his petition in the pending lawsuit. In his amended petition, he stated he was seeking "enforcement of the Civil Service Commission findings of December 1996 by prospective injunction placing [Ferguson] in the position for which he was the most highly qualified in 1996" and "full reinstatement from termination in 2001" as well as "enforcement of the benefits attendant to the position of sergeant in the form of retroactive pay for the position as he would have earned if not terminated or suspended." He also stated that he was seeking "full reinstatement without suspension expungement of his derogatory work record and full back pay," asserting that he was "entitled to such relief under the Civil Service Rules, state law, and because such losses are a result of discrimination and retaliation." Ferguson also alleged that the acts and conduct of "Defendants" as alleged in the petition constituted intentional infliction of emotional distress as "[they] had acted knowingly and intentionally to deprive Plaintiff of the rightful benefits of the position." Under the final section of his petition, entitled "Damages," Ferguson requested: (1) a temporary restraining order restraining appellants from conferring the status of Training Officer on anyone other than himself or from allowing anyone other than himself to function as Training Officer; 2) that "Defendant be restrained from suspending [Ferguson] retroactively and full back pay be awarded;" and that (3) "a temporary injunction be granted." Ferguson also requested that "on final trial, Plaintiff have and recover judgment against Defendants for": (1) "the value of
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