Mcelroy v. City of Temple
By Third District, at Austin Texas Court of Appeals
- Release Date: 2006-03-16
- Genre: Law
Description
In this case, we determine whether a police officer who is recalled into active duty in a branch of the United States military is entitled to a military leave of absence from the police department under section 143.072 of the local government code and whether his absence creates a "vacancy" that must be filled with the permanent promotion of another eligible officer. The trial court denied appellant Stephen McElroys request for a declaration that he should have been promoted to a Senior Police Officer position with the Temple Police Department. See Tex. Loc. Govt Code Ann. 143.072 (West 1999); Tex. Civ. Prac. & Rem. Code Ann. 37.001-.011 (West 2005). For the reasons explained below, we affirm the judgment.
