City of Garland v. Byrd

• Court: Texas Court of Appeals
• Writing for the Court: Morris
• Citation: City of Garland v. Byrd, 97 S.W.3d 601 (Tex. App. 2002)
• Decision Date: 15 August 2002
• Docket Number: No. 05-01-01266-CV.,05-01-01266-CV.
• Parties: CITY OF GARLAND, Texas, Appellant, v. Jonathan BYRD, Appellee.

97 S.W.3d 601

CITY OF GARLAND, Texas, Appellant, v. Jonathan BYRD, Appellee.

No. 05-01-01266-CV.

Court of Appeals of Texas, Dallas.

August 15, 2002.

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Charles M. Hinton, Jr., City Attorney, Brad Neighbor, First Asst. City Atty., Garland, Michael J. Betz, Banowsky, Betz & Levine, P.C., Dallas, for appellant

Rhonda Elaine Cates, Lyon, Gorsky, Baskett, Haring & Gilbert, L.L.P., Robert T. Baskett, Lyon, Gorsky, Baskett & Haring, L.L.P., Dallas, for appellee.

Before Justices MORRIS, BRIDGES, and FRANCIS.

OPINION

Opinion by Justice MORRIS.

In this appeal arising from cross-motions for summary judgment, the City of Garland, Texas challenges the trial court's judgment declaring section 143.057 of the Texas Local Government Code constitutional on its face. The City contends the statute is an unconstitutional delegation of legislative power. After examining the statute in light of the factors specified by the Texas Supreme Court in Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen, 952 S.W.2d 454, 472 (Tex.1997), we conclude the statute is constitutional and affirm the trial court's judgment.

I.

Jonathan Byrd was a police officer with the Garland, Texas police department. In January 2000, the chief of police for Garland indefinitely suspended Byrd for violating department rules. Byrd decided to appeal his suspension as permitted by the local government code. See TEX. LOCAL GOV'T CODE ANN. § 143.053 (Vernon 1999). Under section 143.053, Byrd could appeal his suspension to the Fire Fighters' and Police Officers' Civil Service Commission. Id. Byrd also had the option of appealing to a private hearing examiner. See id. § 143.057. Private hearing examiners are selected either by agreement or, if an agreement cannot be reached, by each party alternately striking names off a list of suggested examiners until one examiner is left. Id. § 143.057(d). Under section 143.057, if a suspended police officer chooses to appeal to a private examiner instead of the commission, he waives his right to have a district court review the decision except on the basis that the hearing examiner was without jurisdiction or exceeded his authority or his order was procured by fraud, collusion, or other unlawful means. See id. § 143.057(c).

Byrd chose to appeal to a private hearing examiner. The City refused to participate in the hearing and, instead, filed a declaratory judgment action in district court seeking a declaration that section 143.057 is unconstitutional under article III, section I of the Texas Constitution. The City contended the statute constituted an impermissible delegation of legislative power to a private party. Byrd filed a counterclaim seeking a converse declaration of constitutionality and an order requiring the City to comply with section 143.057. Both sides filed motions for summary judgment. The trial court denied the City's motion and granted Byrd's. This appeal followed.

II.

This case presents a single issue that is divisible into two distinct questions. The issue is whether section 143.057 of the Texas Local Government Code is an unconstitutional delegation of legislative power to a private party. To resolve this issue, we must first determine whether the power granted to the private hearing examiner under section 143.057 is legislative in nature. If this question is answered affirmatively, we must next determine whether the delegation is accompanied by sufficient safeguards to pass constitutional muster.

In his brief on appeal, Byrd contends the duties performed by the private hearing examiner are more judicial in nature than legislative. According to Byrd, the hearing examiner's task is limited to hearing evidence and rendering a decision on a specific dispute. The examiner has no rule making abilities such as would characterize a legislative role. Therefore, Byrd argues, article III, section I of the Texas Constitution, which vests the state's legislative power in the Senate and House of Representatives, is inapplicable to section 143.057. Because article III, section I is the only constitutional provision relied upon by the City to challenge section 143.057, Byrd argues the City's reliance is misplaced and its challenge is without merit.

The hiring and firing of city employees is a governmental function. City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995). In the case of police officers and fire fighters, the Texas Legislature statutorily granted municipalities the right to establish a Fire Fighters' and Police Officers' Civil Service Commission to oversee this function as well as to manage other supervisory duties over police officers and fire fighters. TEX. LOCAL GOV'T CODE ANN. Ch. 143 (Vernon 1999). If a municipality chooses to implement a civil service commission, the commission is charged with the responsibility of administering the rules and regulations found in chapter 143 of the local government code as well as adopting certain additional civil service rules. Id. §§ 143.001, 143.008. It is the duty of the commission to determine if chapter 143 and the rules promulgated pursuant to chapter 143 are being obeyed. Id. § 143.009. The legislature granted the commission certain tools to assist it with ensuring compliance with these rules, such as the ability to hold hearings, issue subpoenas, administer oaths, and cause depositions to be taken. Id. §§ 143.009, 143.053.

Among the civil service rules that may be promulgated by the commission under chapter 143 are the rules that prescribe cause for removal or suspension of a police officer or fire fighter. Id. § 143.008. The commission may suspend or dismiss a police officer or fire fighter only for a violation of civil service rules and only after a finding by the commission of the truth of the charges made against the police officer or fire fighter. Id. § 143.053(g). This finding is reached as a result of a hearing. Id.

If a private hearing examiner conducts a hearing on the suspension of a police officer or fire fighter under chapter 143, the examiner is granted the same duties and powers as the commission. Id. § 143.057(f). Accordingly, the examiner stands in the shoes of the commission when he renders his decision. Byrd contends the private examiner is performing a judicial function when he conducts the hearing because the actions taken by the examiner are adjudicatory in nature. Simply because the actions taken by the examiner are adjudicatory in nature, however, does not mean the power being exercised by the examiner is judicial in nature. See Smith v. Houston Chem. Servs., Inc., 872 S.W.2d 252, 274 (Tex.App.-Austin 1994, writ denied).

When the commission holds a hearing and renders a decision on the suspension of a police officer or fire fighter, it is making an administrative decision regarding the discipline of an employee. Although the method employed by the commission to make its decision is similar to that used by courts, the decision itself is not judicial, but an exercise of the supervisory powers delegated to it by the legislature. See id.; see also Heard v. Incalcaterra, 702 S.W.2d 272, 275 (Tex.App.-Houston [1st Dist.] 1985, writ ref'd n.r.e.). The commission is simply employing the tools granted to it by chapter 143 to apply and enforce the rules and regulations governing disciplinary actions.

When a private hearing examiner steps into the shoes of the commission and conducts a disciplinary hearing, the power being exercised is the same as that exercised by the commission. It is the power delegated by the legislature to oversee the discipline of police officers and fire fighters. We conclude, therefore, that the power delegated to the private hearing examiner under section 143.057 is legislative rather than judicial.

Because we have concluded the power delegated to the private hearing examiner is legislative in nature, we must next determine whether the delegation is constitutional. In Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen, 952 S.W.2d 454 (Tex.1997), the Texas Supreme Court set forth eight factors to be considered when making this type of determination. The eight factors are:

1. Are the private delegate's actions subject to meaningful review by a state agency or other branch of state government?

2. Are the persons affected by the private delegate's actions adequately represented in the decision making process?

3. Is the private delegate's power limited to making rules, or does the delegate apply the law to particular individuals?

4. Does the private delegate have a pecuniary or other personal interest that may conflict with his or her public function?

5. Is the private delegate empowered to define criminal acts or impose criminal sanctions?

6. Is the delegation narrow in duration, extent, and subject matter?

7. Does the private delegate possess special qualifications or training for the task delegated to it?

8. Has the Legislature provided sufficient standards to guide the private delegate in his or her work?

Id. at 472. All eight factors must be considered when reviewing the delegation, and no one factor is necessarily determinative. See Proctor v. Andrews, 972 S.W.2d 729, 735 (Tex.1998). Furthermore, we must, if possible, interpret the language of the statute in a manner that renders it constitutional. Id.

With respect to the first of the Boll Weevil factors, governmental review of a private hearing examiner's decision is provided by section 143.057(j). This section states that a district court may hear an appeal of a hearing examiner's award on the grounds that the examiner "was without jurisdiction or exceeded its jurisdiction or that the order was procured by fraud, collusion, or other unlawful means." TEX LOCAL GOV'T CODE ANN. § 143.057(j). The City argues that the review permitted by 143.057(j) is so limited that it fails to allow for the "meaningful review" contemplated by Boll Weevil. We disagree.

The standard set forth...