The Fourth Court of Appeals on Wednesday issued a ruling in favor of San Antonio police Lt. Joseph Salvaggio, who was fired in July 2010 for attempting to take material from a room where a promotion exam was taking place.
The opinion by Justice Rebeca Martinez is the third consecutive ruling in Salvaggio's favor. But the litigation may continue on to the Texas Supreme Court for a fourth review, lawyers have said.
Salvaggio was accused of violating the rules of code and conduct in 2010 by jotting down some words on a sticky note that had been placed on the table by test proctors.
An arbitrator ruled that Salvaggio should keep his job, finding that Chief William McManus couldn't define the note as testing material. The arbitrator further found that Salvaggio hadn't acted in any way that would bring discredit or reproach to the Police Department.
State District Judge Richard Price later affirmed the arbitrator's decision.
The only way a city can appeal an arbitrator's ruling is if the arbitrator exceeded his or her jurisdiction. The city contended that the arbitrator created a new civil service rule -- something that person can't do -- by saying that McManus couldn't define testing material.
"The city's arguments that the hearing examiner exceeded his jurisdiction are not supported by the facts or the law," Martinez wrote in the opinion.
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