(Download) "City San Antonio Et Al. v. Ernest P. Kneupper Et Al." by San Antonio No. 13499 Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: City San Antonio Et Al. v. Ernest P. Kneupper Et Al.
- Author : San Antonio No. 13499 Court of Civil Appeals of Texas
- Release Date : January 16, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On Motion for Rehearing. We adhere to our original opinion that the action of the City in attempting to abolish the positions of appellees in the
Police Department of the City of San Antonio, and supplant them by engaging other persons to perform the same service in the
department is illegal and void. However, we have reached the conclusion that we were in error in our holding that the appellees
are entitled to the classification of Patrolmen in the Police Department and entitled to judgment for back salary as such.
In our original opinion we proceeded upon the erroneous assumption that the status of appellees as patrolmen was fixed by
stipulation in their former suit, City of San Antonio v. Castillo, Tex.Civ.App., 293 S.W.2d 691, as was the case in the case
of City of San Antonio v. Hahn, Tex.Civ.App., 274 S.W.2d 162. On the contrary, this record shows that such was not the case,
but that Castillo was, at the time of his discharge, May 27, 1957, Collector in the Parking Meter Department and was being
paid at the rate of $360 per month plus longevity; and that Kneupper was at such time employed as maintenance carpenter in
the Police Department, and was being paid at the rate of $360 per month plus longevity. The record further shows that the
City had never classified these employees in the Police Department. Therefore, it is our opinion that they were at such time
automatically classified by Article 1269m, Vernon's Ann.Civ.Stats., in the positions they held and at the rate of pay they
were drawing. Section 14, art. 1269m, supra. See City of San Antonio v. Handley, Tex.Civ.App., 308 S.W.2d 608.
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