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Perez v. Laredo

Texas Local Government Code '143.028(b) does not allow a police officer in a higher position to be eligible to take a promotional examination for a vacant lower position.

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AFFIRMED

Stephen Perez appeals a decision by the City of Laredo Fire Fighters and Police Officers Civil Service Commission (“Commission”) to remove his name from the list of officers eligible for promotion to the rank of captain.

Promotions for police officers are governed by the Fire Fighter and Police Civil Service Act (“Act”). See Tex. Local Gov. Code Ann. � 143.001 et seq. (Vernon 1999 & Supp. 2000). With two exceptions not applicable here, Local Government Code section 143.028 provides that “a police officer is not eligible for promotion unless the person has served in that police department in the next lower position or other positions specified by the commission for at least two years immediately before the date the promotional examination is held. A police officer is not eligible for promotion to the rank of captain or its equivalent unless the person has at least four years’ actual service in that police department.” Tex. Loc. Gov’t Code Ann. � 143.028(b). The City relies on Section 143.028(b) for its contention that Perez was not eligible for promotion to captain because he held the next lowest position (lieutenant) for less than two years before the promotional examination took place. Perez argues that Section 143.028(b) does not apply to him for two reasons. First, he argues that Section 143.028(b) should be read as allowing a police officer who has served in a position higher than the vacant position to be eligible for promotion to the vacant lower position. Second, he contends his rank as assistant chief was a temporary assignment; therefore, during his tenure as assistant chief he continued to hold his rank as lieutenant. Because we disagree with Perez’s first assertion and he did not meet his burden of proof under his second assertion, we affirm.

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