Legal Opinion

City of Pasadena v. Smith

Texas Supreme Court

Decided August 28, 2009No. 06-0948PublishedCited by 68 opinions

1Opinion of the CourtJustice Hecht

The Fire Fighters and Police Officers Civil Service Act 1 limits the grounds for judicial review of a hearing examiner’s decision in an appeal from a disciplinary suspension, 2 but as we observed in City of Houston v. Clark, if those limitations do not allow for meaningful review, they may violate constitutional restrictions on the delegation of government authority to a private person. 3 One ground is that the hearing officer exceeded his jurisdiction. 4 In this case we hold that the hearing examiner exceeded his jurisdiction in summarily reversing an officer’s indefinite suspension and…

2Cases cited16 opinions

  1. Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998
  2. CVN Group, Inc. v. DelgadoTexas Supreme Court · 2002
  3. Texas Boll Weevil Eradication Foundation, Inc. v. LewellenTexas Supreme Court · 1997
  4. Brady v. Fourteenth Court of AppealsTexas Supreme Court · 1990
  5. Proctor v. AndrewsTexas Supreme Court · 1998

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3Cited by68 opinions

  1. Nafta Traders, Inc. v. QuinnTexas Supreme Court · 2011
  2. Americo Life, Inc. v. MyerTexas Supreme Court · 2014
  3. City of Waco v. KelleyTexas Supreme Court · 2010
  4. Tramel R. Bracey v. City of Killeen, Texas And Police Chief Dennis Baldwin, Texas Court of Appeals, 3rd District (Austin)2013
  5. Jefferson County, Texas v. Jefferson County Constables AssociationTexas Supreme Court · 2018

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