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Click here for the full text of this decision FACTS:David Park, a patrol lieutenant with the Montgomery County Sheriff’s Department, also served as the security coordinator for Montgomery County convention center events. While Montgomery County owns the convention center, many activities there are privately sponsored. As security coordinator for these private events, Park received event sheets from the convention center’s director, Don Carpenter, and arranged the hiring of off-duty deputies to provide security. Park conducted these activities from his office in the sheriff’s department during regular business hours. He received no additional compensation from either the county or the convention center for coordinating security for these private events. In the spring of 2002, during a meeting Park attended with County Commissioner Ed Rinehart and others, Rinehart allegedly spoke in graphic sexual terms about Park’s administrative assistant and another administrative assistant. Park informed his administrative assistant of Rinehart’s remarks, and another meeting attendee informed the other administrative assistant of the same. The two assistants then relayed numerous instances of Rinehart’s alleged sexual harassment that occurred over the preceding months. Park reported Rinehart’s remark, as well as the administrative assistants’ accounts, to the sheriff. The county then undertook an investigation. In the midst of that investigation, Rinehart allegedly ordered Carpenter to relieve Park of his security coordination duties. Those duties were transferred first to the constable’s office and then rotated on a monthly basis between the sheriff’s and constable’s offices. On Oct. 30, 2002, Park sued Montgomery County, alleging that the county violated the Whistleblower Act by reassigning the security coordinator duties in retaliation for Park’s report of Rinehart’s comments. The county filed a plea to the jurisdiction and motion for summary judgment, raising no-evidence summary judgment claims and asserting that Park’s whistle-blower claim failed as a matter of law. The trial court granted the county’s motion for summary judgment, and Park appealed. The 10th Court of Appeals reversed and remanded, holding that Montgomery County was not entitled to summary judgment on any of the theories advanced. The Texas Supreme Court granted Montgomery County’s petition for review. HOLDING:Reversed and rendered. The Texas Whistleblower Act, the court stated, prohibits state and local government employers from taking adverse personnel actions against employees who, in good faith, report violations of law to an appropriate law enforcement authority. The court set out to determine what qualified as an adverse personnel action, as the act provided no definition. The court held that for a personnel action to be adverse within the meaning of the act, it must be material and thus likely to deter a reasonable, similarly situated employee from reporting a violation of the law. Park, the court stated, did not argue that the loss of his security coordination responsibilities affected his prestige, opportunity for advancement in the department or the difficulty of his work conditions. Moreover, the challenged action neither reduced Park’s pay for his core job duties nor generally precluded him from obtaining outside employment. Park argued that as security coordinator he had the ability to assign himself extra jobs at the convention center events, and thus that the bimonthly transfer of those duties adversely affected his compensation. The court, however, found no evidence that losing the first choice of extra jobs at the convention center actually reduced Park’s earnings. Concluding that David Park did not suffer an adverse personnel action, the court reversed the court of appeals’ judgment and rendered judgment for Montgomery County. OPINION:Jefferson, C.J., delivered the opinion of the court.

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