Director of county department brought action against county, alleging inadequate notice under Texas Open Meetings Act (TOMA) that her department might be restructured, her position changed, and her salary reduced at county commissioners’ court meeting.
County subsequently terminated her employment, and director added claims for age discrimination, First Amendment retaliation under § 1983, retaliation under labor code, and alternative claim under Texas Whistleblower Act, and sought back pay and lost retirement benefits through declaratory judgment claim.
After county removed the action to federal court, the United States District Court for the Southern District of Texas granted the county’s motion for summary judgment on all of director’s claims except under TOMA and the Texas Whistleblower Act, remanding those claims back to state court. On remand, director dropped her Whistleblower Act claim and proceeded only on the TOMA claim. The 111th District Court, Webb County granted summary judgment to director on her TOMA claim, denied the county’s cross-motion for summary judgment, granted director’s motion for attorney’s fees and costs, and entered a final judgment awarding director monetary damages for back pay and lost retirement benefits. County appealed.
The Court of Appeals held that:
- Mootness doctrine did not deprive trial court of subject-matter jurisdiction;
- Meeting notice was inadequate under TOMA to alert director that her department might be divided, her position changed, and her salary reduced;
- There was no evidence that county’s action taken at meeting fell under its authority for budget preparation;
- County’s statutory power to make changes to proposed budget did not insulate it from TOMA claim;
- TOMA did not waive county’s immunity for director’s declaratory judgment claim for back pay and lost retirement benefits;
- Monetary damages for TOMA violation were not available to director through injunctive or mandamus relief; and
- Trial court did not abuse its discretion in awarding attorney’s fees and costs to director.