BEAUMONT – The Ninth Court of Appeals recently affirmed a judgment in favor of the city of Beaumont in a lawsuit brought by its former fire chief, Billy Fratus.
Fratus sued the city seeking damages, declaratory relief and injunctive relief with allegations that Beaumont had violated the Texas Constitution and Chapter 21 of the Texas Labor Code when it fired him while he was on disability.
Court records show the trial court granted the city’s plea to the jurisdiction.
In October 2019, the Ninth Court concluded a party may not circumvent the state’s sovereign immunity by characterizing a suit for money damages as a claim for declaratory judgment.
Fratus also argued that his protected speech led to the city firing him out of retaliation.
Fratus’ initial lawsuit said that he was making a claim under the Texas Open Meetings Act. He alleged “un-noticed” collective bargaining agreements as well as arbitration hearings for personnel issues are invalid.
On April 13, the Ninth court issued a mandate stating that the judgment of the trial court is affirmed.
Judge Mitch Templeton presided over the 172nd District Court, where the case originated.
Appeals case No. 09-18-00294-CV
Trial court case No. E-200450