TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
Samuel Ramirez, Appellee
NO. 99-10441, HONORABLE W. JEANNE MEURER, JUDGE PRESIDING
Factual and Procedural Background
On August 11, 1999, Knee signed a notice imposing an "indefinite suspension" on Ramirez. (1) Knee attempted to serve that notice on Ramirez; service occurred on August 17, 1999. The APD filed a copy of the notice with the Civil Service Commission of the City of Austin (the Commission) (2) approximately two hours after service on Ramirez. Ramirez filed a petition for writ of mandamus in the district court, asserting that the APD had not timely filed the notice of suspension with the Commission, that the Commission lacked jurisdiction, and that Ramirez was therefore entitled to mandamus relief reinstating him to his position. (3) As part of his opposition to the petition for writ of mandamus, Knee filed an affidavit asserting that, in the experience of the Austin Police Department, the Civil Service Commission would not accept the filing of the required document stating the reasons for suspension until after that document had been served on the officer involved, as evidenced by the officer's signature. Therefore, Knee impliedly asserts, the "hour of suspension" must be the time of service on the officer. The trial court granted Ramirez's requested relief. In one point of error on appeal, Knee contends that the trial court erred in granting Ramirez's petition for writ of mandamus.
Discussion
Appellant Knee argues that the court erred in granting mandamus relief because appellee had an adequate remedy at law, relying on Walker v. Packer, 827 S.W.2d 833, 840-41 (Tex. 1992). Appellee argues that the trial court judgment should be affirmed on its merits; and he has no adequate remedy at law because the Civil Service Commission has no jurisdiction. In City of Houston v. Meister, 882 S.W.2d 29, 30 (Tex. App.--Houston [14th Dist.] 1994, no writ), the court applied Walker v. Packer to find a mandamus action brought in the trial court improper because the suspended officer could appeal to the Civil Service Commission. Any irregularities in the suspension process that the officer claimed deprived the Commission of jurisdiction could be raised in a plea to the jurisdiction. See id. at 31. Although the Meister case is persuasive, we think a clearer analysis focuses on the principle of exhaustion of administrative remedies rather than the form of action brought in the trial court. (4)
Exhaustion of Administrative Remedies
The doctrine of exhaustion of administrative remedies was judicially created to further important policy considerations. See Walls Regional Hospital v. Honorable Tommy Altaras, 903 S.W.2d 36, 41-42 (Tex. App.--Waco 1994, orig. proceeding) (citing McCarthy v. Madigan, 503 U.S. 140, 144-47 (1992)). Among the policy concerns are: to recognize special expertise, to fulfill legislative goals in establishing an agency, to prevent premature judicial intervention in the administrative process that could ultimately hinder judicial review, and to promote judicial economy. See Walls, 903 S.W.2d at 42-43. Although the exhaustion doctrine is often codified in various statutory schemes such as the Administrative Procedure Act, (5) the doctrine also applies to cases not governed by such a specific statutory requirement. Id. (citing Darby v. Cisneros, 509 U.S. 137 (1993)). There is no need to exhaust administrative remedies in a matter involving a pure question of law. See Grounds v. Tolar Indep. Sch. Dist., 707 S.W.2d 889, 892 (Tex. 1986); Frasier v. Yanes, 9 S.W.3d 422, 427 (Tex. App.--Austin 1999, no pet.).
When the enabling civil service statute provides for appeal to the Civil Service Commission, the doctrine of exhaustion has been applied. The case of Arnold v. City of Sherman was an appeal from a trial court judgment refusing appellant a writ of mandamus. See 244 S.W.2d 880, 880 (Tex. Civ. App.--Dallas 1953, writ ref'd). The Arnold case involved a plan by which a discharged fireman could seek review of the discharge from the city council. See id. at 883. He did not do so, instead bringing a petition for writ of mandamus. The court held that before a writ of mandamus will be awarded, the applicant must exhaust all his administrative remedies provided by law. Id. Because he did not do so, he could not apply for a writ of mandamus. See id.
Similarly, City of Corpus Christi v. Stowe, 338 S.W.2d 767, 768 (Tex. Civ. App.--San Antonio 1960, no writ), involved an appeal by Stowe from the trial court dismissal of his suit for writ of mandamus. The court stated: "The rule is well settled that where an administrative remedy is provided by statute, relief must ordinarily not only be sought initially from the appropriate administrative agency, but such remedy usually must be exhausted before a litigant may resort to the courts." Id. at 769. The court noted that issues of fact were involved in the case before it, which distinguished the case from Bichsel v. Carver, 321 S.W.2d 284, 287 (Tex. 1959), on which appellee Stowe relied to bypass the civil service commission.
Exhaustion as Applied to this Case
In this case, the statute provides for an appeal to the Civil Service Commission from the police chief's decision to suspend officer Ramirez. See Tex. Loc. Gov't Code Ann. § 143.052(d) (West 1999). Ramirez relies on Bichsel for the proposition that the Civil Service Commission lacked jurisdiction and he was therefore authorized to obtain mandamus relief from the district court. See 321 S.W.2d at 287. But Bichsel involved a pure question of law. The statute setting out the suspension procedure clearly prohibited amendment of the charges against the officer and the department used an amended notice to suspend the officer. See id. at 286-87.
The matter before us is not so clearly outside the jurisdiction of the Commission--it does not involve a pure question of law. The issue raised concerning the interaction of the mechanics of filing a notice of suspension with the Commission and the statutory filing requirement is at least a mixed question of law and fact. The policy reasons for exhaustion apply: the Commission may need to examine its own procedures for filing notices, a matter within its expertise; the Commission can award the relief requested by Ramirez so the matter might never reach the court, a matter of judicial economy; and the court, should the matter be presented for judicial review, will have a clear record to review. We conclude that Ramirez must exhaust the administrative remedy of appeal to the Civil Service Commission. Accordingly, we sustain Knee's point of error.
The record shows that Ramirez, within ten days of receiving notice of his suspension, filed a notice of appeal with the Commission, along with a motion to postpone the hearing. (6) See Loc. Gov't Code §§ 143.052(c), .053(b). Nothing in this decision should be construed as expressing any opinion on the merits of Ramirez's challenge to his suspension. We vacate the trial court judgment and dismiss the petition for writ of mandamus.
Jan P. Patterson, Justice
Before Justices Jones, Yeakel and Patterson
Vacated and Petition for Writ of Mandamus Dismissed
Filed: August 10, 2000
Do Not Publish
1. This cause concerns Ramirez's "indefinite suspension," which is equivalent to termination.
See Tex. Loc. Gov't Code Ann. § 143.052(b) (West 1999) (Loc. Gov't Code).
2. The civil service commission is responsible for the administration of the civil service system,
including promulgating rules and conducting adjudicatory hearings. See Loc. Gov't Code
§§ 143.008, .010; see generally 22 David B. Brooks, Municipal Law and Practice § 5.03 (Texas
Practice 2d ed. 1999).
3. See Loc. Gov't Code § 143.052(c) (department head shall, within 120 hours after the "hour
of suspension," file a document stating reasons for suspension with the Commission).
4. The use of Walker v. Packer by the Houston court as if it were controlling precedent may
be problematic because differences exist between a mandamus action brought in the trial court and
a mandamus action brought as an original proceeding in the appellate court. See Anderson v. City
of Seven Points, 806 S.W.2d 791, 792 n. 1 ("An original proceeding for a writ of mandamus
initiated in the trial court is a civil action subject to trial and appeal on substantive law issues and
the rules of procedure as any other civil suit.") (quoting Griffin v. Wakelee, 42 Tex. 513, 516
(1875)). The underlying principle of "no adequate remedy at law" has been applied to the
question whether mandamus is an appropriate action to bring in the trial court. See Palmer Pub.
Co. v. Smith, 109 S.W.2d 158, 159 (Tex. 1937). However, we need not explore the application
of that principle to decide this case.
5. See Tex. Gov't Code Ann. §§ 2001.001-.902 (West 2000) (formerly called Administrative
Procedure and Texas Register Act).
6. The record does not show whether any action has been taken on that motion.
Regular"> In this case, the statute provides for an appeal to the Civil Service Commission from the police chief's decision to suspend officer Ramirez. See Tex. Loc. Gov't Code Ann. § 143.052(d) (West 1999). Ramirez relies on Bichsel for the proposition that the Civil Service Commission lacked jurisdiction and he was therefore authorized to obtain mandamus relief from the district court. See 321 S.W.2d at 287. But Bichsel involved a pure question of law. The statute setting out the suspension procedure clearly prohibited amendment of the charges against the officer and the department used an amended notice to suspend the officer. See id. at 286-87.
The matter before us is not so clearly outside the jurisdiction of the Commission--it does not involve a pure