Stephen McElroy v. City of Temple, Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00741-CV

Stephen McElroy, Appellant

v.

City of Temple, Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 169TH JUDICIAL DISTRICT

NO. 196204-C, HONORABLE GORDON G. ADAMS, JUDGE PRESIDING

O P I N I O N

In this case, we determine whether a police officer who is recalled into active duty in a branch of the United States military is entitled to a military leave of absence from the police department under section 143.072 of the local government code and whether his absence creates a "vacancy" that must be filled with the permanent promotion…