Gibson v. Barbe

OPINION

STONE, Justice.

The issue presented in this case is when does a vacancy occur in a police department for purposes of promotion. 1 Both parties filed motions for summary judgment. The trial court granted Barbe’s motion and denied Gibson’s motion, thereby ruling that the felony conviction of a police officer creates an automatic vacancy on the police force. We affirm.

On December 16, 1992, a Bexar County grand jury returned a two count indictment against San Antonio Police Sergeant Victor Martinez. Chief of Police William 0. Gibson, appellant, placed Martinez on indefinite suspension on…