City of New Braunfels; Jan Kotylo, in her official capacity; Pat Clifton, in his official capacity; and Fritz Welsch, in his official capacity, Appellants v. Joseph Tovar, Appellee
The appellee, a police officer, sued a city and members of the civil service commission, seeking to compel the appellants to add 10 seniority points to which he claims entitlement, credit him with a grade of 74 on the written exam, and place his name on the promotion-eligibility list. By suing all of the civil service commission members in their official capacities, the appellee has sued the commission in substantive legal effect, thus invoking Civil Service Act §143.015. Under §143.033(c), only a fire fighter's "grade on the written examination" itself counts toward the passing grade of 70, while a police officer's has the benefit of his or her "grade"-a term referring to the total of the "grade on the written examination" and "points for seniority." The district court’s order denying the appellant’s plea to the jurisdiction is affirmed. City of New Braunfels v. Tovar, Austin Court of Appeals, No. 03-14-00693-CV, 5/7/15.