Willis v. City of Lubbock
| Decision Date | 07 December 1964 |
| Docket Number | No. 7420,7420 |
| Parties | Billy Glynn WILLIS, Appellant, v. CITY OF LUBBOCK, Appellee. |
| Court | Texas Court of Appeals |
James F. Moore, Lubbock, for appellant.
Fred O. Senter, Jr., City Atty., Don Reed, Asst. City Atty., Lubbock, for appellee.
This suit was brought to recover benefits of accumulated vacation leave under the Civil Service Act, Article 1269m, Section 26(a), Vernon's Ann.Civ.St. Billy Glynn Willis was a policeman for the City of Lubbock from March 1, 1958, until he voluntarily resigned on January 15, 1963. Subsequently the City paid Willis a lump sum of $713.17 as terminal pay which was based on thirty-four and one-fourth (34 1/4) days accumulated sick leave, fifteen (15) days accumulated vacation leave, plus longevity pay. Willis brought suit for an additional sum contending the City did not correctly calculate his salary in determining the total severance pay. The trial court, without a jury, held the City had miscalculated the pay due for accumulated sick leave but denied the relief sought as to accumulated vacation pay. Neither the City nor Willis has appealed from that portion of the judgment dealing with the sick leave benefits. This appeal concerns only the action of the trial court in refusing Willis additional vacation pay.
It was stipulated Willis had accumulated fifteen (15) days of vacation time, none of which had been taken. At the time Willis terminated his employment has base salary was $385.00 per month. The City computed his accumulated vacation pay by dividing the $385.00 monthly basic salary by thirty (30) days and multiplying this figure by fifteen (15) days. It is appellant's contention his accumulated vacation pay should have been calculated by determining the daily salary on the basis of the number of working days included in a forty-hour week. Willis, along with other policemen, worked a regular forty-hour week.
Section 26(a) of Article 1269m reads as follows:
'Vacations; accumulations of vacation leave
Neither Section 26(a) or any other section of the Civil Service Act makes a provision for accumulated vacation pay for employees who have left the classified service. This is not true in the case of...
To continue reading
Request your trial
-
Scott v. Abilene Independent School Dist., Civ. A. No. 1-74-20.
...40 S.W.2d 841, writ dis.; City of Houston v. L. J. Fuller, Inc., Tex. Civ.App., 311 S.W.2d 285, no writ history; Willis v. City of Lubbock, Tex.Civ.App., 385 S.W.2d 617, writ ref., no reversible error; Cole v. City of Houston, Tex.Civ.App., 442 S.W.2d 445, no writ history; Moody v. City of ......
-
Lake LBJ Mun. Utility Dist. v. Coulson
...51, 161 S.W.2d 766, 768 (Tex.1942). Subsequent decisions applied this rule to article 2226. See, e.g., Willis v. City of Lubbock, 385 S.W.2d 617, 618 (Tex.Civ.App.1965, writ ref'd n.r.e.); City of Houston v. L.J. Fuller, Inc., 311 S.W.2d 285, 291 (Tex.Civ.App.1958, no writ). The legislature......
-
City of Lubbock v. Adams
...to devise its own compensation system as long as it does not violate Chapter 143 of the Code. See Willis v. City of Lubbock, 385 S.W.2d 617, 618 (Tex.Civ.App.-Amarillo 1964, writ ref'd n.r.e.). This decision requires us to give an affirmative answer to the City's issue number 2 in which it ......
-
City of Waco, Tx. v. Bittle
...hours to cash. He suggests that there is no prohibition against the City taking this action, citing Willis v. City of Lubbock, 385 S.W.2d 617 (Tex.Civ.App.-Amarillo 1964, writ ref'd n.r.e.). In that case, a City of Lubbock policy provided that employees leaving the classified service should......