The Texas Ninth Court of Appeals concluded that Orange County violated its collective bargaining agreement by refusing to arbitrate the terminations of 13 Orange County deputies, according to a March 9 press release by the Texas Municipal Police Association (TMPA).
The court’s opinion on appeal from the 260th District Court of Orange County, in the case of the Orange County Sheriff’s Office (OCSO) Employees Association, 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 (Appellants) v. Orange County (Appellee), the decision was made whether the trial court erred in granting a summary judgment to Orange County in a declaratory judgment and injunction action the county filed against 13 former OCSO employees and the OCSO Employees Association.
Background
Nearing the end of his four-year term, then-Sheriff Keith Meritt decided he would not run for re-election in 2020, resulting in Jimmy 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 non-appointments 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.
Judgment
Following the trial, the court granted the County’s Summary Judgment, and the former deputies and association filed an appeal.
Last week, 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 have the right to arbitrate their terminations.
— Barbara Davis, Staff Reporter