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Davila v. Flores12/2/1999
position to which he was reinstated, in good faith and according to what I understood to be my duties and responsibilities as Regional Superintendent.
In the case of my actions concerning the information about Eric Flores which, because of my position, I was authorized to have and to use in making my decision as to what personnel action should be taken regarding Eric Flores, I used the information and made my decisions based upon my knowledge and experience, and in the interests of what I believed to be best for the Texas Youth Commission, the Evins Center, Eric Flores, the youth to be served and other Evins Center employees.
I never acted with malice in acting upon my duty to gather, disseminate and recommend such personnel action as I deemed proper. No false representations were made by me to anyone concerning Eric Flores. All actions taken by me were within what I considered to be my discretionary authority and were carried out in good faith at all times in full compliance with the policies and procedures of Texas Youth Commission and the Evins Center. At no time have I ever felt or expressed any personal ill-will, spite or malice toward Eric Flores, nor have I ever deliberately or intentionally sought to deny or breach any right that may have been Eric Flores's. I have never harbored feelings of ill will or hatred against Eric Flores.
I never made or authorized the making of any public statements concerning Eric Flores or the results of any investigation of the matter involving the youth J.L.. All those involved in the investigation of the matter involving the youth J.L. and all those involved in providing information to those who investigated the matter were employees of the Texas Youth Commission and to my knowledge, none have released any information of any type to anyone not authorized to receive the information or by their positions, authorized to act upon the information.
I have not made any public charges about Eric Flores or his suspension, termination, or reinstatement.
Davila also detailed her duties and the investigation of the report of misconduct against Flores, and in her own affidavit repeated almost verbatim the quotation from Steen's affidavit, replacing only her own title of "Faculty Administrator" where Steen used the term "Regional Superintendent."
Flores testified by deposition that other employees had filed grievances and harassed him at work, and that these employees were friends with Davila. However, he could point to nothing beyond a vague suspicion that Davila or Steen harbored any ill will against him. Discretionary Action
If an action involves personal deliberation, decision and judgment, it is discretionary; actions which require obedience to orders or the performance of a duty to which the actor has no choice, are ministerial. City of Lancaster, 883 S.W.2d at 654 (Tex. 1994); Wyse v. Department of Pub. Safety,
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