Clack v. City of San Antonio

• Decision Date: 18 March 1970
• Docket Number: No. 14839,14839
• Citation: 452 S.W.2d 502
• Parties: Erastus J. CLACK, Appellant, v. CITY OF SAN ANTONIO, and Firemen's and Policemen's Civil Service Commission, Appellees.
• Court: Texas Court of Appeals

Page 502

452 S.W.2d 502

Erastus J. CLACK, Appellant, v. CITY OF SAN ANTONIO, and Firemen's and Policemen's Civil Service Commission, Appellees.

No. 14839.

Court of Civil Appeals of Texas San Antonio.

March 18, 1970.

Rehearing Denied April 8, 1970.

Earle Cobb, Jr., San Antonio, for appellant.

Howard C. Walker, Crawford B. Reeder San Antonio, for appellees.

BARROW, Chief Justice.

Appellant, Erastus J. Clack, appeals from a take-nothing judgment entered after a non-jury trial in his suit against appellees, City of San Antonio and Firemen's and Policemen's Civil Service Commission of said City, to recover damages consisting of unpaid salary and unpaid raises resulting to him because of alleged discrimination by refusing to grant him departmental-wide pay raises .

This suit presents another phase of the extensive litigation brought about by the reluctance of the City to recognize that all members of the Police Department, including the non-law enforcement personnel, were included in the provisions of the Policemen's and Firemen's Civil Service Act adopted by the Fiftieth Legislature, Article 1269m, Vernon's Ann.Civ.St. See City of San Antonio v. Wiley, 252 S.W.2d 471 (Tex.Civ.App.--1952, writ ref'd n.r.e.); City of San Antonio v. Hahn, 274 S.W.2d 162 (Tex.Civ.App.--Austin 1954, writ ref'd n.r.e.); City of San Antonio v. Castillo, 293 S.W.2d 691 (Tex.Civ.App.--San Antonio 1956, writ ref'd n.r.e.); City of San Antonio v. Handley, 308 S.W.2d 608, (Tex.Civ.App.--San Antonio 1957, writ ref'd); City of San Antonio v. Whitten, 161 Tex. 150, 338 S.W.2d 119 (1960); City of San Antonio v. Kneupper, 161 Tex. 153, 338 S.W.2d 121 (1960); City of San Antonio v. Wallace, 161 Tex. 41, 338 S.W.2d 153 (1960).

Clack was employed as a custodial worker in the San Antonio Police Department when the Civil Service Act was adopted and was involved in some of the above litigation. As a result of such litigation he was found to hold a classified place as a custodial worker in the Police Department and included in the provisions of such Act. Clack commenced work in the Police Department as a laborer on August 1, 1949, at a salary of $120.00 per month. He was raised to $150.00 per month on July 1, 1951; to $160.00 per month on April 1, 1952; to $170.00 per month on March 16, 1955; to $179.00 per month on January 1, 1956; and to $190.00 per month on October 1, 1957. On March 16, 1958, he along with the other non-law enforcement employees of the Police Department, was placed on the payroll at the minimum statutory wage of $220.00 per month. See City of San Antonio v. Whitten, supra; Art. 1583--2, Vernon's Ann. Penal Code. His salary has remained at this base wage, although he has received longevity increments of $2.00 per year and now earns a total pay of $256.00.

Clack alleged that the cost of living has steadily increased since 1958 and that the City has granted regular increases in salary to all civil service employees with the exception of those involved in the above litigation who are identified as 'court appointed employees.' He alleged that the failure to grant him departmental-wide pay raises which were granted to offset the increase in the cost-of-living has had the effect of a demotion without a compliance with the provisions of the Act.

A somewhat similar question was presented in the City of San Antonio v. Whitten, supra, wherein the Court considered the validity of the ordinance which fixed the monthly salary of the 'court appointed employees' at the statutory minimum of $220.00 per month. Although Clack actually received a substantial pay raise as a result of such action, a number of other employees were...