McElroy v. City of Temple

OPINION

W. KENNETH LAW, Chief Justice.

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 of another eligible officer. The trial court denied appellant Stephen McElroy’s request for a declaration that he should have been promoted to a Senior Police Officer position with the Temple Police Department. See Tex.…