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Click here for the full text of this decision FACTS:The city of Galveston terminated Graves’ employment as a Galveston police officer while she was still in the probationary period of her employment. The parties agree that Graves’ termination was based on a pattern of off-duty misconduct during her probationary period and an allegation of a specific incident of off-duty misconduct that occurred five days before her termination. Graves asserted that prior to her termination, she was entitled to certain procedural rights afforded to peace officers under Texas Government Code ��614.022 and 614.023. These sections provide that the head of a police department must consider only a written, signed complaint against an officer and that the officer is entitled to an investigation and to receive a copy of the written complaint before being disciplined or terminated. Under the Fire and Police Employee Relations Act, the city and its police officers executed a collective bargaining agreement. This collective bargaining agreement was in effect throughout Graves’ employment from May 2, 2005 to Oct. 25, 2005. The city also had adopted the Fire Fighters’ and Police Officers’ Civil Service Act that, inter alia, provided for administrative procedures by which police officers can appeal disciplinary actions. The parties agreed that Graves was not protected by the Civil Service Act at the time of her termination, because she had not yet completed her probationary period. As a result, Graves was not entitled to the grievance or appeal procedure under the Civil Service Act following termination of her employment. Graves filed this suit under the Texas Declaratory Judgments Act, seeking various declarations to the effect that Subchapter B of Chapter 614 of the Texas Government Code applied to her termination. Both sides filed cross-motions for summary judgment as to whether Graves was entitled to the procedural protections of Subchapter B relating to investigation and discipline resulting from a complaint against an officer. The city and Kenneth Mack, in his official capacity as chief of police of the city of Galveston, maintained that Subchapter B did not apply to Graves under the unambiguous language of the statute. Moreover, the city and Mack maintained that Graves’ employment rights, as a probationary peace officer, were defined by the collective bargaining agreement and Chapter 143 of the Texas Local Government Code. The trial court granted the city’s and Mack’s motion for summary judgment and dismissed Graves’ claims with prejudice. HOLDING:Affirmed. Chapter 614 of the Texas Government Code, the court stated, outlines general provisions applicable to peace officers and fire fighters employed by political subdivisions within the state. Subchapter B provides rights and procedures regarding the investigation of complaints and discipline of employees. Under �614.021(b), however, these procedures and rights do not apply to certain peace officers and fire fighters. Specifically, under �614.021(b), when a collective bargaining agreement exists under Chapter 143 or 174 of the Texas Local Government Code and provisions in that agreement relate to the investigation of, and disciplinary action resulting from, a complaint against a peace officer, peace officers covered by that bargaining agreement are not covered by subchapter B. The parties agreed that a collective bargaining agreement between the city and its officers existed under Chapter 174 of the Texas Local Government Code. Therefore, the first requirement of the exemption in �614.021(b) was met. The court then examined the second prong of �614.021(b): whether provisions in the collective bargaining agreement related to the investigation of, and disciplinary action resulting from, a complaint against a peace officer. Article 28 of the collective bargaining agreement at issue, the court stated, relates to disciplinary matters. Article 28 states that “[d]isciplinary matters shall not be subject to any of the terms of this Agreement. Any appeals of disciplinary decisions of the City shall comply with the requirements of the Texas Fire Fighters’ and Police Officers’ Civil Service Act, Chapter 143, Local Government Code.” The article, the court stated, adopts appeals procedures regarding disciplinary decisions and therefore relates to discipline, the court stated. Therefore, under the unambiguous meaning of Articles 28 and 33, the court concluded that the collective bargaining agreement met the second requirement of �614.021(b) that provisions within a collective bargaining agreement must relate to the investigation of, and disciplinary action resulting from, a complaint against the peace officer such that the city is exempt from Subchapter B. OPINION:Frost, J.; Hedges, C.J., and Frost and Guzman, JJ.

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