Opinion

Van Independent School District v. Scott A. McCarty

Court
Texas Supreme Court
Filed
May 27, 2005
Status
Published
Cited by
0 cases
Authority
More cited than 35.1%

The opinion

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF

TEXAS

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No.

03-1123

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Van

Independent School District, Petitioner

v.

Scott A.

McCarty, Respondent

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On Petition for Review from

the

Court of Appeals for the

Twelfth District of Texas

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Justice O’Neill , dissenting.

The

Court, without the benefit of oral argument, summarily resolves an issue of

first impression by holding that compliance with non-statutory administrative

deadlines was a jurisdictional prerequisite to filing suit in this case.

Moreover, the Court does so without acknowledging the impact of its holding. I

believe that McCarty exhausted his administrative remedies by requesting the

Board to hold a hearing on his grievance and to waive the non-statutory deadline

for filing the request. I also believe that the purpose of the exhaustion

requirement was satisfied in this case. Because I would hold that the district

court had jurisdiction over McCarty’s retaliatory discharge claim, I

respectfully dissent.

McCarty

was an at-will employee of Van Independent School District who sued for unlawful

termination under chapter 451 of the Texas Labor Code. As the Court notes, we

have held that the trial court lacked subject-matter jurisdiction in a case in

which a similarly situated plaintiff failed to exhaust her administrative

remedies by suing a school district for retaliatory discharge without first

invoking the local grievance procedures. Wilmer-Hutchins Indep . Sch . Dist. v. Sullivan ,

51 S.W.3d 293, 294 (Tex. 2001) (per curiam ). But

unlike the plaintiff in Wilmer-Hutchins , McCarty invoked the grievance

procedures by requesting a hearing before the Board of Trustees as set out in

the local policy; he simply failed to do so within the seven-day deadline set by

the policy. [1]

I

agree with the Court, as did the court of appeals, that failure to exhaust

administrative remedies is a jurisdictional defect. Unlike the Court, however, I

do not read the court of appeals’ opinion to hold that subject matter

jurisdiction can be and was conferred by waiver, ___ S.W.3d at ___; in fact, the

court of appeals expressly recognized the proposition that subject matter

jurisdiction cannot be conferred on a court by waiver. [2]

___ S.W.3d ___, ___ (citing Dubai Petroleum Co. v. Kazi , 12 S.W.3d 71, 76 (Tex. 2000)). What the court of

appeals did hold was that “the matter waived [ i.e. , the seven-day filing

deadline] was not a prerequisite to subject matter jurisdiction.” Id. The

real issue, then, is whether McCarty failed to exhaust his administrative

remedies by filing his grievance in an untimely fashion, or whether the

administrative deadline was simply a procedural requirement that could be

waived.

The

Court effectively agrees with the former proposition by holding that because the

Board did not extend the deadline and McCarty did not comply with it, he failed

to exhaust his administrative remedies. ___ S.W.3d at ___. But whether a local

administrative body like a school district can impose such a jurisdictional

deadline is an issue of first impression that the Court decides with little to

no analysis.

We

have previously addressed the issue of whether administrative deadlines imposed

by statute are jurisdictional when exhaustion of administrative remedies is

required. In Schroeder v. Texas Iron Works, Inc. , we held that a person

claiming a violation of the Commission on Human Rights Act (CHRA) must first

exhaust the administrative remedies set out in the statute. 813 S.W.2d 483, 485

(Tex. 1991) (citing Act of July 8, 1983, 68th Leg., 1st C.S., ch . 7, 1983 Tex. Gen. Laws 37 , repealed by Act of May

24, 1993, 73d Leg., R.S., ch . 269, § 5, 1993 Tex. Gen.

Laws 1273 (current version at Tex. Lab.

Code §§ 21.001-21.306)). We specifically noted that the statutory

provision requiring a claim to be filed with the Commission within 180 days

after the alleged unlawful practice occurred was “mandatory and jurisdictional.”

Id. at 486. But in contrast to the CHRA, chapter 451 of the Labor Code

sets out no administrative prerequisites for bringing a claim against an

employer for discrimination based on filing a worker’s compensation claim. Tex. Lab. Code §§ 451.001-451.003. Nor

does the Education Code provide an administrative review system governing

someone in McCarty’s situation; it simply gives the school board the authority

to “adopt a policy providing for the employment and duties of district

personnel.” Tex. Educ. Code §

11.163.

I

cannot interpret that general provision to give local school boards authority to

impose jurisdictional deadlines on employees who assert a statutory claim for

retaliatory discharge. I agree with the court of appeals that strict compliance

with the seven-day deadline was not a jurisdictional prerequisite to filing

suit. The deadline was rather a local administrative requirement that the Board

could waive. See, e.g. , Grigsby v. Moses , 31 S.W.3d 747, 750 (Tex.

App. B Austin

2000, no pet.) (school board did not waive fifteen-day deadline for employee to

initially present grievance by listening to employee’s complaint without

receiving evidence or acting on the merits); Hernandez v. Meno , 828 S.W.2d 491, 494 (Tex. App. B Austin

1992, writ denied) (school district waived ten-day deadline for employee to

request a hearing by actually conducting an evidentiary hearing on the merits).

Indeed, the grievance policy itself expressly contemplated that the deadlines

could be waived by mutual consent. That the Board ultimately rejected McCarty’s

extension request as well as the merits of his case does not mean that he failed

to invoke the administrative grievance process for exhaustion purposes.

It

is important to keep in mind in cases like this the general purpose of the

exhaustion-of-remedies doctrine, which is to prevent courts from interfering

with administrative procedures before an agency has been allowed to complete its

own decision and review process. United States v. Paternostro , 966 F.2d 907, 912 (5th Cir. 1992). That

purpose has been met here. By requesting that the Board grant him a hearing and

waive the untimeliness of his request, McCarty gave

the school board the first chance to consider his grievance, which it did by

conducting an evidentiary hearing and denying the grievance. [3]

There were no further administrative requirements, pursuant to either the

statute or the local policies, for McCarty to meet before filing his statutory

suit for retaliatory discharge.

I

would hold that McCarty exhausted his administrative remedies and that the

district court had subject matter jurisdiction over his retaliatory discharge

lawsuit. Because the Court holds otherwise, I respectfully dissent.

_________________________________

Harriet

O’Neill

Justice

OPINION DELIVERED: May

27, 2005

[1] I note, however, that the deadline itself was not

entirely clear in this case. The superintendent’s letter terminating McCarty did

not specify a deadline, but merely informed him that he had “the right to

request and to be heard by the Board in accordance with policy DGBA (LOCAL).”

The policy provides for a three-step grievance process, each with its own

deadlines. The District concedes here that the first two steps of the process,

which require an employee to discuss a grievance with his principal or immediate

supervisor and then with the superintendent, did not apply in McCarty’s case

because he was terminated directly by the superintendent. Given this departure

from the usual procedure, the deadline to request that the matter be placed on

the agenda of a future Board meeting (step 3) understandably may not have been

readily apparent to McCarty.

[2] I accordingly question the Court’s conclusion that the

court of appeals’ opinion conflicts with Wilmer-Hutchins such that we

have conflicts jurisdiction in this case. ___ S.W.3d at

___.

[3] The Court expresses doubt as to the nature of the

evidence presented at the closed hearing. ___ S.W.3d at ___ n.13. But the

District does not dispute that the Board rendered an alternative decision on the

merits; rather, it contends there was no waiver because of the Board’s

independent denial of McCarty’s grievance based on his failure to meet the

deadline.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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