By: Wilson H.B. No. 818 73R2664 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to affirmative action programs for fire and police 1-3 departments in certain municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-6 amended by adding Chapter 145 to read as follows: 1-7 CHAPTER 145. AFFIRMATIVE ACTION 1-8 Sec. 145.001. APPLICABILITY. This chapter applies only to a 1-9 municipality with a population of 1.5 million or more. 1-10 Sec. 145.002. DEFINITION. In this chapter, an "affirmative 1-11 action program" means a program designed to provide persons with 1-12 equal opportunity in recruitment, hiring, placement, promotion, 1-13 training, compensation, transfer, demotion, termination, and other 1-14 phases of employment without regard to race, ethnicity, national 1-15 origin, gender, age, disability, or religion and to prevent the 1-16 underuse of minorities and women as employees. 1-17 Sec. 145.003. CREATION OF AFFIRMATIVE ACTION DIVISION. The 1-18 governing body of a municipality covered by this chapter shall 1-19 create affirmative action divisions within the fire and police 1-20 departments of the municipality for the purpose of establishing 1-21 affirmative action programs for the departments. 1-22 Sec. 145.004. POWERS AND DUTIES OF AFFIRMATIVE ACTION 1-23 DIVISION. (a) An affirmative action division shall: 1-24 (1) develop, implement, and monitor an affirmative 2-1 action program for the fire or police department; 2-2 (2) assist other divisions of the fire or police 2-3 department in the implementation of an affirmative action program; 2-4 (3) develop, implement, and monitor auditing and 2-5 reporting requirements related to the affirmative action program; 2-6 (4) collect and analyze employment data necessary to 2-7 evaluate the progress of the affirmative action program; 2-8 (5) provide information about the affirmative action 2-9 program to fire or police department employees and applicants, to 2-10 the chief executive of the municipality, and to the governing body 2-11 of the municipality; 2-12 (6) develop procedures for filing and resolving formal 2-13 and informal complaints under Section 145.008 alleging 2-14 discrimination by a fire or police department or alleging 2-15 retaliation or harassment for making a complaint of discrimination 2-16 against a fire or police department; 2-17 (7) investigate and attempt to resolve complaints of 2-18 discrimination, retaliation, or harassment filed against the fire 2-19 or police department; 2-20 (8) keep records of complaints of discrimination, 2-21 retaliation, or harassment, of information gathered during an 2-22 investigation of a complaint, and of actions taken by the division 2-23 to resolve the complaints; 2-24 (9) submit a quarterly report of complaints of 2-25 discrimination, retaliation, or harassment, of the resolution of 2-26 complaints, and of the progress of the affirmative action program 2-27 to the chief of the fire or police department and to the 3-1 affirmative action advisory commission of the municipality; 3-2 (10) represent the fire or police department in public 3-3 relations matters involving affirmative action; 3-4 (11) make information about the affirmative action 3-5 program and records of complaints of discrimination, retaliation, 3-6 or harassment available to the public unless the information is 3-7 confidential under other law; and 3-8 (12) review and evaluate the affirmative action 3-9 program to ensure compliance with federal, state, and local laws. 3-10 (b) An affirmative action division may: 3-11 (1) establish affirmative action policy statements, 3-12 goals, and timetables to achieve equal opportunity and to overcome 3-13 an underuse of minorities and women as employees in the fire or 3-14 police department; 3-15 (2) review and update affirmative action policy 3-16 statements, goals, and timetables; 3-17 (3) obtain personnel records of the fire or police 3-18 department, unless the records are confidential under other law; 3-19 and 3-20 (4) adopt rules and procedures necessary to conduct 3-21 the division's activities. 3-22 Sec. 145.005. COOPERATION BY OTHER DIVISIONS OF DEPARTMENT. 3-23 Other divisions of the fire or police department: 3-24 (1) shall cooperate with the affirmative action 3-25 division; 3-26 (2) shall comply with the rules and procedures adopted 3-27 by the affirmative action division; and 4-1 (3) may not retaliate against or harass an employee 4-2 for filing a complaint with the affirmative action division. 4-3 Sec. 145.006. DIVISION LIAISONS. (a) Each division of a 4-4 fire or police department shall appoint a person to act as a 4-5 liaison between the division and the affirmative action division. 4-6 (b) The liaison shall: 4-7 (1) distribute affirmative action information to the 4-8 division's employees, to applicants, and to the public; 4-9 (2) gather employment data for the affirmative action 4-10 division; 4-11 (3) process complaints of discrimination, retaliation, 4-12 or harassment for the affirmative action division; 4-13 (4) meet and communicate regularly with the 4-14 affirmative action division; and 4-15 (5) perform other functions as necessary to carry out 4-16 an affirmative action program within the division. 4-17 Sec. 145.007. AFFIRMATIVE ACTION ADVISORY COMMISSION. (a) 4-18 The governing body of the municipality shall create an affirmative 4-19 action advisory commission. 4-20 (b) The chief executive of the municipality shall appoint 20 4-21 members who are residents of the municipality to the commission. 4-22 The chief executive shall make appointments without regard to the 4-23 race, ethnicity, national origin, gender, age, disability, or 4-24 religion of the appointee, except the commission membership must 4-25 fairly reflect the diversity of the municipality regarding those 4-26 characteristics. The commission membership must also fairly 4-27 reflect the different geographic parts of the municipality. The 5-1 director of an affirmative action division serves as an ex officio 5-2 member of the commission. 5-3 (c) Appointed members serve staggered terms of two years, 5-4 with the terms of one-half of the members expiring on April 1 of 5-5 each year. 5-6 (d) The commission shall: 5-7 (1) review reports submitted by affirmative action 5-8 divisions; 5-9 (2) advise affirmative action divisions on affirmative 5-10 action program plans and problems; 5-11 (3) evaluate affirmative action programs; and 5-12 (4) report the commission's activities to the 5-13 governing body of the municipality. 5-14 (e) The commission may: 5-15 (1) elect the commission's officers; 5-16 (2) recommend changes to an affirmative action program 5-17 and an affirmative action division; and 5-18 (3) adopt rules and procedures necessary to conduct 5-19 the commission's activities. 5-20 (f) The municipality shall provide facilities and other 5-21 necessities for the commission at the request of the commission. 5-22 The municipality shall provide a staff, including legal counsel, 5-23 for the commission at the request of the commission. 5-24 Sec. 145.008. AFFIRMATIVE ACTION COMPLAINTS. (a) A fire or 5-25 police department employee or applicant may file with the 5-26 affirmative action division of the department a complaint alleging 5-27 discrimination based on race, ethnicity, national origin, gender, 6-1 age, disability, or religion, or a complaint alleging retaliation 6-2 or harassment by the department or a member of the department 6-3 because the employee or applicant filed a complaint with the 6-4 affirmative action division. 6-5 (b) The affirmative action division shall inform employees 6-6 of the fire or police department of alternative procedures 6-7 available through other agencies to the employees for resolving a 6-8 complaint based on discrimination, retaliation, or harassment. 6-9 (c) The affirmative action division shall investigate a 6-10 complaint filed with the division and shall attempt to resolve the 6-11 complaint at the lowest administrative level. If a complaint 6-12 cannot be resolved informally with the immediate supervisor of an 6-13 aggrieved employee, the division shall attempt to resolve the 6-14 complaint through higher administrative levels, such as with the 6-15 head of the aggrieved employee's division or with the chief of the 6-16 department. If the complaint of an applicant cannot be resolved 6-17 informally with the personnel administrator, the division shall 6-18 attempt to resolve the complaint through higher administrative 6-19 levels, such as with a deputy chief or with the chief of the 6-20 department. 6-21 (d) If a municipality has established a Fire Fighters' and 6-22 Police Officers' Civil Service Commission under Chapter 143, and 6-23 the complaint cannot be resolved by the affirmative action division 6-24 as provided by Subsection (c), the division shall send a report 6-25 containing the complaint, details of the investigation of the 6-26 complaint, and details of the attempted resolution of the complaint 6-27 to that commission. The Fire Fighters' and Police Officers' Civil 7-1 Service Commission shall review the report and shall issue an order 7-2 to resolve the complaint at the commission's next meeting after the 7-3 receipt of the report. The order of the commission shall be the 7-4 final resolution of a complaint under this chapter. 7-5 SECTION 2. In appointing the initial affirmative action 7-6 advisory commission under Chapter 145, Local Government Code, as 7-7 added by this Act, the chief executive of the municipality shall 7-8 designate 10 members to serve for terms to expire on April 1 of the 7-9 year after the year of appointment and 10 members to serve for 7-10 terms to expire on April 1 of the second year after the year of 7-11 appointment. 7-12 SECTION 3. This Act takes effect September 1, 1993. 7-13 SECTION 4. The importance of this legislation and the 7-14 crowded condition of the calendars in both houses create an 7-15 emergency and an imperative public necessity that the 7-16 constitutional rule requiring bills to be read on three several 7-17 days in each house be suspended, and this rule is hereby suspended.