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A dispute spanning several years came to a resolution April 3, as the Texas Municipal Police Association secured $780,000 in back pay for 13 “unjustly terminated” deputies in Orange County under Sheriff Jimmy Mooney. County Judge John Gothia said the majority of the settlement was paid out of the county’s general fund and will have to be balanced in the next cycle.
Over a year ago, the Texas Ninth Court of Appeals determined that Orange County breached its collective bargaining agreement by refusing to engage in arbitration regarding the termination of 13 Orange County deputies. This information was disclosed in a press release dated March 9, 2023, issued by the Texas Municipal Police Association (TMPA).
The court’s ruling stemmed from an appeal originating from the 260th District Court of Orange County, involving a case between the Orange County Sheriff’s Office (OCSO) Employees Association, along with individuals including Jason Guidroz, Tracy Sorge, Matthew Wappler, Jessica Johnnie, Michael Lucia, Matt Bryant, Andrew Hollier, Elizabeth Frederick, Jonathan Payne, Donald Harmon, Cenovia Dempsey, Mark Felts and Samantha Courtney (the Appellants), against Orange County (the Appellee). The central issue addressed whether the trial court had erred in granting a summary judgment in favor of Orange County in a legal action concerning declaratory judgment and injunction, which the county had initiated against 13 former OCSO employees and the OCSO Employees Association.
Nearing the end of his four-year term, then-Sheriff Keith Merritt’s decision not run for re-election in 2020 resulted in Mooney winning in the unopposed November 2020 General Election.
Mooney sent a letter to the deputies named as parties herein, stating:
“As you know, under Texas Law, your TCOLE (Texas Commission of Law Enforcement) Commission, held by the Orange County Sheriff’s Office, expires on June 30, 2020, due to Sheriff Merritt’s early retirement. The newly elected sheriff must sign the deputization for each sworn position including his ranking staff, deputies, correctional officers and telecommunicators. In the event that I am appointed, it is incumbent upon me to extend offers of employment to those applicants that I, in my judgment, would consider to be the ‘best fit’ for my administration.
“After careful consideration, I have filled all available positions within the Sheriff’s Office. It is with much regret that I am unable to extend an offer of employment to you at this time. It is my obligation under state law to render an accurate accounting of all sheriff’s office property. Although I cannot currently require you to do so, it is strongly suggested that you gather all Orange County Sheriff’s Office property within your possession and be prepared to surrender this property on or before the 30th day of June 2020, at 5 p.m. I will be working with the Sheriff’s Office Purchasing Agent, along with Orange County’s Purchasing Agent, to render an accurate accounting of all county property. It is my obligation to fulfill that request. Although I am unable to extend an offer of employment to you at this time, I wish you the best of luck in all of your endeavors.”
After being appointed to fill Merritt’s unexpired term, Mooney took office on July 1, 2020, electing not to appoint 12 of the former deputies. He offered Dempsey a different position than the one she had under Merritt, while promoting several other deputies. The former deputies and the association then moved to file separation grievances, alleging that their nonappointments were disciplinary actions under the Collective Bargaining Agreement (CBA), requesting arbitration under the CBA.
Subsequently, Orange County filed suit against the former deputies and the association, seeking temporary injunctive relief and seeking a declaratory judgment asking the court to declare whether Mooney’s decision was not subject to the CBA. The court granted the county a temporary injunction and sent notice to the parties of its ruling.
Following the trial, the court granted the County’s Summary Judgment, and the former deputies and association filed an appeal.
In March 2023, the Ninth Court of Appeals concluded that the question of whether Mooney’s decisions are governed by the CBA is a “gateway issue” to be determined by the arbitrator in accordance with the terms of the CBA, issuing the Judgement to Reverse and Remand the judgment of the trial court.
The association and the 13 former deputies were determined to have the right to arbitrate their terminations.
News came on April 3 that the TMPA had secured a significant legal victory in obtaining $780,000 in back pay for the 13 unjustly terminated deputies. TMPA attorney Gregory Cagle led the charge in responding to the aftermath of the 2020 Orange County sheriff election.
“This meaningful win for the deputies is a testament to TMPA’s dedication to protecting law enforcement officers across Texas,” TMPA Executive Director Kevin Lawrence stated. “This achievement highlights the critical role of unity and robust legal protection for our officers.”
According to County Judge Gothia, the county has an insurance policy that covered just over $300,000 of the claim; the remaining amount of the settlement was paid out of the general fund.
“We have a special fund set aside that is for additional legal fees or cases like this, but we haven’t had to pay out in a very long time,” Gothia said. “Just a few months after I took office, there was a large settlement payout, and we’ve had the insurance since then. This is the first time we’ve had to pay anything on top of the insurance payment.”
Gothia said that the remaining amount, in excess of $400,000, will still have to be balanced out in the next budget cycle.