By: Thompson, G. H.B. No. 2082
73R1435 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a municipal employees civil service
1-3 commission in certain municipalities; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.002, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 143.002. Municipalities Covered by Chapter. This
1-8 chapter applies only to a municipality that:
1-9 (1) has a population of 10,000 or more;
1-10 (2) has a paid fire department and police department;
1-11 <and>
1-12 (3) has voted to adopt this chapter or the law
1-13 codified by this chapter; and
1-14 (4) does not have a Municipal Employees Civil Service
1-15 Commission organized under Chapter 145.
1-16 SECTION 2. Subtitle A, Title 5, Local Government Code, is
1-17 amended by adding Chapter 145 to read as follows:
1-18 CHAPTER 145. MUNICIPAL CIVIL SERVICE: EMPLOYEES IN GENERAL
1-19 SUBCHAPTER A. GENERAL PROVISIONS
1-20 Sec. 145.001. PURPOSE. (a) The purpose of this chapter is
1-21 to secure efficient municipal government composed of capable
1-22 personnel who are free from political influence and who have
1-23 permanent employment tenure as public servants.
1-24 (b) The members of the Municipal Employees Civil Service
2-1 Commission shall administer this chapter in accordance with this
2-2 purpose.
2-3 Sec. 145.002. MUNICIPALITIES COVERED BY CHAPTER. This
2-4 chapter applies only to a municipality that has a population of
2-5 400,000 or more.
2-6 Sec. 145.003. DEFINITIONS. In this chapter:
2-7 (1) "Commission" means the Municipal Employees Civil
2-8 Service Commission.
2-9 (2) "Department head" means the head of a department
2-10 of municipal government or that person's equivalent, regardless of
2-11 the name or title used.
2-12 (3) "Director" means the director of municipal
2-13 employees civil service.
2-14 (4) "Employee" means a person who was appointed in
2-15 substantial compliance with this chapter or who is entitled to
2-16 civil service status under Section 145.004.
2-17 Sec. 145.004. STATUS OF EMPLOYEES. Each employee serving in
2-18 a municipality who has been in the service of the municipality for
2-19 more than six months before the implementation date of this chapter
2-20 in the municipality and who is entitled to civil service
2-21 classification has the status of a civil service employee and is
2-22 not required to take a competitive examination to remain in the
2-23 position the person occupies on that date.
2-24 Sec. 145.005. IMPLEMENTATION: COMMISSION. (a) The
2-25 Municipal Employees Civil Service Commission is established in the
2-26 municipality. The chief executive of the municipality shall
2-27 appoint the initial members of the commission before November 1,
3-1 1993. Within 30 days after the date the municipality's first full
3-2 fiscal year begins on or after January 1, 1994, the governing body
3-3 of the municipality shall implement this chapter.
3-4 (b) The commission consists of three members appointed by
3-5 the municipality's chief executive and confirmed by the governing
3-6 body of the municipality. Members serve staggered three-year terms
3-7 with the term of one member expiring each year. If a vacancy
3-8 occurs or if an appointee fails to qualify within 10 days after the
3-9 date of appointment, the chief executive shall appoint a person to
3-10 serve for the remainder of the unexpired term in the same manner as
3-11 the original appointment.
3-12 (c) A person appointed to the commission must:
3-13 (1) be of good moral character;
3-14 (2) be a United States citizen;
3-15 (3) be a resident of the municipality who has resided
3-16 in the municipality for more than three years;
3-17 (4) be over 25 years of age; and
3-18 (5) not have held a public office within the preceding
3-19 three years.
3-20 (d) In making initial appointments, the chief executive
3-21 shall designate one member to serve a one-year term, one member to
3-22 serve a two-year term, and one member to serve a three-year term.
3-23 If a municipality has a Fire Fighters' and Police Officers' Civil
3-24 Service Commission immediately before this chapter takes effect in
3-25 that municipality, that civil service commission shall continue as
3-26 the commission established by this section and shall administer the
3-27 civil service system as prescribed by this chapter. As the terms
4-1 of the members of the previously existing commission expire, the
4-2 chief executive shall appoint members as prescribed by this
4-3 section. If necessary to create staggered terms as prescribed by
4-4 this section, the chief executive shall appoint the initial
4-5 members, required to be appointed under this chapter, to serve
4-6 terms of less than three years.
4-7 (e) Initial members shall elect a chairman and a
4-8 vice-chairman within 10 days after the date all members have
4-9 qualified. Each January, the members shall elect a chairman and a
4-10 vice-chairman.
4-11 (f) The governing body of the municipality shall provide to
4-12 the commission adequate and suitable office space in which to
4-13 conduct business.
4-14 (g) The chief executive of a municipality commits an offense
4-15 if the chief executive knowingly or intentionally fails to appoint
4-16 the initial members of the commission within the period prescribed
4-17 by Subsection (a). An offense under this subsection is a
4-18 misdemeanor punishable by a fine of not less than $100 or more than
4-19 $200. Each day after the period that the chief executive knowingly
4-20 or intentionally fails to make a required appointment constitutes a
4-21 separate offense.
4-22 (h) The chief executive of a municipality or a municipal
4-23 official commits an offense if the person knowingly or
4-24 intentionally refuses to implement this chapter or attempts to
4-25 obstruct the enforcement of this chapter. An offense under this
4-26 subsection is a misdemeanor punishable by a fine of not less than
4-27 $100 or more than $200.
5-1 Sec. 145.006. REMOVAL OF COMMISSION MEMBER. (a) If at a
5-2 meeting held for that purpose the governing body of the
5-3 municipality finds that a commission member is guilty of misconduct
5-4 in office, the governing body may remove the member. The member
5-5 may request that the meeting be held as an open hearing in
5-6 accordance with the open meetings law, Chapter 271, Acts of the
5-7 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
5-8 Texas Civil Statutes).
5-9 (b) If a commission member is indicted or charged by
5-10 information with a criminal offense involving moral turpitude, the
5-11 member shall be automatically suspended from office until the
5-12 disposition of the charge. Unless the member pleads guilty or is
5-13 found to be guilty, the member shall resume office at the time of
5-14 disposition of the charge.
5-15 (c) The governing body may appoint a substitute commission
5-16 member during a period of suspension. If a member pleads guilty to
5-17 or is found to be guilty of a criminal offense involving moral
5-18 turpitude, the governing body shall appoint a replacement
5-19 commission member to serve the remainder of the disqualified
5-20 member's term of office.
5-21 Sec. 145.007. ADOPTION AND PUBLICATION OF RULES. (a) A
5-22 commission shall adopt rules necessary for the proper conduct of
5-23 commission business.
5-24 (b) The commission may not adopt a rule permitting the
5-25 appointment or employment of a person who is:
5-26 (1) without good moral character;
5-27 (2) physically or mentally unfit; or
6-1 (3) incompetent to discharge the duties of the
6-2 appointment or employment.
6-3 (c) The commission shall adopt rules that prescribe cause
6-4 for removal or suspension of an employee. The rules must comply
6-5 with the grounds for removal prescribed by Section 145.051.
6-6 (d) The commission shall publish each rule it adopts and
6-7 each classification and seniority list for each department of a
6-8 municipality. The rules and lists shall be made available on
6-9 demand. A rule is considered to be adopted and sufficiently
6-10 published if the commission adopts the rule by majority vote and
6-11 causes the rule to be written, typewritten, or printed.
6-12 Publication in a newspaper is not required and the governing body
6-13 of the municipality is not required to act on the rule.
6-14 (e) A rule is not valid and binding on the commission until
6-15 the commission:
6-16 (1) mails a copy of the rule to the commissioner, if
6-17 the municipality has an elected commissioner, and to all municipal
6-18 department heads;
6-19 (2) posts a copy of the rule for a seven-day period at
6-20 a conspicuous place in the central municipal offices; and
6-21 (3) mails a copy of the rule to each municipal
6-22 department.
6-23 (f) The director shall keep copies of all rules for free
6-24 distribution to employees who request copies and for inspection by
6-25 any interested person.
6-26 Sec. 145.008. COMMISSION INVESTIGATIONS AND INSPECTIONS.
6-27 (a) The commission or a commission member designated by the
7-1 commission may investigate and report on all matters relating to
7-2 the enforcement and effect of this chapter and any rules adopted
7-3 under this chapter and shall determine if the chapter and rules are
7-4 being obeyed.
7-5 (b) During an investigation, the commission or the
7-6 commission member may:
7-7 (1) administer oaths;
7-8 (2) issue subpoenas to compel the attendance of
7-9 witnesses and the production of books, papers, documents, and
7-10 accounts relating to the investigation; and
7-11 (3) cause the deposition of witnesses residing inside
7-12 or outside the state.
7-13 (c) A deposition taken in connection with an investigation
7-14 under this section must be taken in the manner prescribed by law
7-15 for taking a similar deposition in a civil action in federal
7-16 district court.
7-17 (d) An oath administered or a subpoena issued under this
7-18 section has the same force and effect as an oath administered by a
7-19 magistrate in the magistrate's judicial capacity.
7-20 (e) A person who fails to respond to a subpoena issued under
7-21 this section commits an offense punishable as prescribed by Section
7-22 145.015.
7-23 Sec. 145.009. COMMISSION APPEAL PROCEDURE. (a) Except as
7-24 otherwise provided by this chapter, if an employee wants to appeal
7-25 to the commission from an action for which an appeal or review is
7-26 provided by this chapter, the employee shall file an appeal with
7-27 the commission within 10 days after the date the action occurred.
8-1 (b) The appeal must include the basis for the appeal and a
8-2 request for a commission hearing. The appeal must also contain a
8-3 statement denying the truth of the charge as made, a statement
8-4 taking exception to the legal sufficiency of the charge, a
8-5 statement alleging that the recommended action does not fit the
8-6 offense or alleged offense, or a combination of these statements.
8-7 (c) In each hearing, appeal, or review of any kind in which
8-8 the commission performs an adjudicatory function, the affected
8-9 employee is entitled to be represented by counsel or a person the
8-10 employee chooses. Each commission proceeding shall be held in
8-11 public.
8-12 (d) The commission may issue subpoenas and subpoenas duces
8-13 tecum for the attendance of witnesses and for the production of
8-14 documentary material.
8-15 (e) The affected employee may request the commission to
8-16 subpoena any books, records, documents, papers, accounts, or
8-17 witnesses that the employee considers pertinent to the case. The
8-18 employee must make the request before the 10th day before the date
8-19 the commission hearing will be held. If the commission does not
8-20 subpoena the material, the commission shall, before the third day
8-21 before the date the hearing will be held, make a written report to
8-22 the employee stating the reason it will not subpoena the requested
8-23 material. This report shall be read into the public record of the
8-24 commission hearing.
8-25 (f) Witnesses may be placed under the rule at the commission
8-26 hearing.
8-27 (g) The commission shall conduct the hearing fairly and
9-1 impartially as prescribed by this chapter and shall render a just
9-2 and fair decision. The commission may consider only the evidence
9-3 submitted at the hearing.
9-4 (h) The commission shall maintain a public record of each
9-5 proceeding with copies available at cost.
9-6 Sec. 145.010. DECISIONS AND RECORDS. (a) Each concurring
9-7 commission member shall sign a decision issued by the commission.
9-8 (b) The commission shall keep records of each hearing or
9-9 case that comes before the commission.
9-10 (c) Each rule, opinion, directive, decision, or order issued
9-11 by the commission must be written and constitutes a public record
9-12 that the commission shall retain on file.
9-13 Sec. 145.011. DIRECTOR. (a) On adoption of this chapter,
9-14 the office of director of municipal employees civil service is
9-15 established in the municipality. The commission shall appoint the
9-16 director. The director shall serve as secretary to the commission
9-17 and perform work incidental to the civil service system as required
9-18 by the commission. The commission may remove the director at any
9-19 time.
9-20 (b) A person appointed as director must meet each
9-21 requirement for appointment to the commission prescribed by Section
9-22 145.005(c).
9-23 (c) A person appointed as director may be a commission
9-24 member, a municipal employee, or some other person.
9-25 (d) The municipality's governing body shall determine the
9-26 salary, if any, to be paid to the director.
9-27 (e) If, immediately before this chapter takes effect in a
10-1 municipality, the municipality has a duly and legally constituted
10-2 director of fire fighters' and police officers' civil service,
10-3 regardless of title, that director shall continue in office as the
10-4 director established by this section and shall administer the civil
10-5 service system as prescribed by this chapter.
10-6 Sec. 145.012. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.
10-7 (a) Unless elected, each department head is appointed by the
10-8 municipality's chief executive and confirmed by the municipality's
10-9 governing body. In a municipality having an elected fire or police
10-10 commissioner, each department head in the fire or police department
10-11 is appointed by the fire or police commissioner in whose department
10-12 the vacancy exists and is confirmed by the municipality's governing
10-13 body.
10-14 (b) A person appointed as head of a fire department must be
10-15 eligible for certification by the Commission on Fire Protection
10-16 Personnel Standards and Education at the intermediate level or its
10-17 equivalent as determined by that commission and must have served as
10-18 a fully paid fire fighter for at least five years. A person
10-19 appointed as head of a police department must be eligible for
10-20 certification by the Commission on Law Enforcement Officer
10-21 Standards and Education at the intermediate level or its equivalent
10-22 as determined by that commission and must have served as a bona
10-23 fide law enforcement officer for at least five years.
10-24 (c) Except as provided by Subsection (d), if a person is
10-25 removed from the position of department head, the person shall be
10-26 reinstated in the department and placed in a position with a rank
10-27 not lower than that held by the person immediately before
11-1 appointment as department head. The person retains all rights of
11-2 seniority in the department.
11-3 (d) If a person serving as department head is charged with
11-4 an offense in violation of civil service rules and is dismissed
11-5 from the civil service or discharged from his position as
11-6 department head, the person has the same rights and privileges of a
11-7 hearing before the commission and in the same manner and under the
11-8 same conditions as a classified employee. If the commission finds
11-9 that the charges are untrue or unfounded, the person shall
11-10 immediately be restored to the same classification that the person
11-11 held before appointment as department head. The person has all the
11-12 rights and privileges of the prior position according to seniority
11-13 and shall be paid his full salary for the time of suspension.
11-14 Sec. 145.013. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
11-15 IMMEDIATELY BELOW DEPARTMENT HEAD. (a) If approved by the
11-16 governing body of the municipality by resolution or ordinance, a
11-17 department head in the municipality in which at least four
11-18 classifications exist below the classification of department head
11-19 may appoint each person occupying an authorized position in the
11-20 classification immediately below that of department head, as
11-21 prescribed by this section. The classification immediately below
11-22 that of department head may include a person who has a different
11-23 title but has the same pay grade.
11-24 (b) A person appointed to a position in the classification
11-25 immediately below that of the head of the police department must:
11-26 (1) be employed by the municipality's police
11-27 department as a sworn police officer;
12-1 (2) have at least two years' continuous service in
12-2 that department as a sworn police officer; and
12-3 (3) meet the requirements for appointment as head of a
12-4 police department prescribed by Section 145.012(b).
12-5 (c) A person appointed to a position in the classification
12-6 immediately below that of the head of the fire department must:
12-7 (1) be employed by the municipality's fire department;
12-8 (2) have a permanent classification in at least an
12-9 officer level; and
12-10 (3) meet the requirements for appointment as head of a
12-11 fire department prescribed by Section 145.012(b).
12-12 (d) The department head shall make each appointment under
12-13 this section within 90 days after the date a vacancy occurs in the
12-14 position.
12-15 (e) A person appointed under this section serves at the
12-16 pleasure of the department head. A person who is removed from the
12-17 position by the department head shall be reinstated in the
12-18 department and placed in the same classification, or its
12-19 equivalent, that the person held before appointment. The person
12-20 retains all rights of seniority in the department.
12-21 (f) If a person appointed under this section is charged with
12-22 an offense in violation of civil service rules and indefinitely
12-23 suspended by the department head, the person has the same rights
12-24 and privileges of a hearing before the commission in the same
12-25 manner and under the same conditions as a classified employee. If
12-26 the commission, a hearing examiner, or a court of competent
12-27 jurisdiction finds the charges to be untrue or unfounded, the
13-1 person shall immediately be restored to the same classification, or
13-2 its equivalent, that the person held before appointment. The
13-3 person has all the rights and privileges of the prior position
13-4 according to seniority, and shall be repaid for any lost wages.
13-5 (g) A person serving under permanent appointment in a
13-6 position in the classification immediately below that of the
13-7 department head on the implementation date of this chapter in the
13-8 municipality is not required to meet the requirements of this
13-9 section or to be appointed or reappointed as a condition of tenure
13-10 or continued employment.
13-11 Sec. 145.014. APPEAL OF COMMISSION DECISION TO DISTRICT
13-12 COURT. (a) If an employee is dissatisfied with any commission
13-13 decision, the employee may file a petition in district court asking
13-14 that the decision be set aside. The petition must be filed within
13-15 10 days after the date the final commission decision:
13-16 (1) is sent to the employee by certified mail; or
13-17 (2) is personally received by the employee or by that
13-18 person's designee.
13-19 (b) An appeal under this section is by trial de novo. The
13-20 district court may grant the appropriate legal or equitable relief
13-21 necessary to carry out the purposes of this chapter. The relief
13-22 may include reinstatement or promotion with back pay if an order of
13-23 suspension, dismissal, or demotion is set aside.
13-24 (c) The court may award reasonable attorney's fees to the
13-25 prevailing party and assess court costs against the nonprevailing
13-26 party.
13-27 (d) If the court finds for the employee, the court shall
14-1 order the municipality to pay lost wages to the employee.
14-2 Sec. 145.015. PENALTY FOR VIOLATION OF CHAPTER. (a) An
14-3 employee commits an offense if the person violates this chapter.
14-4 (b) An offense under this section or Section 145.007 is a
14-5 misdemeanor punishable by a fine of not less than $10 or more than
14-6 $100, confinement in the county jail for not more than 30 days, or
14-7 both fine and confinement.
14-8 (Sections 145.016-145.020 reserved for expansion
14-9 SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
14-10 Sec. 145.021. CLASSIFICATION; EXAMINATION REQUIREMENT. (a)
14-11 The commission shall provide for the classification of all
14-12 employees. The municipality's governing body shall establish the
14-13 classifications by ordinance. The governing body by ordinance
14-14 shall prescribe the number of positions in each classification.
14-15 (b) Except for the department head and a person the
14-16 department head appoints in accordance with Section 145.013, each
14-17 employee is classified as prescribed by this subchapter and has
14-18 civil service protection. The failure of the governing body to
14-19 establish a position by ordinance does not result in the loss of
14-20 civil service benefits by a person entitled to civil service
14-21 protection or appointed to the position in substantial compliance
14-22 with this chapter.
14-23 (c) Except as provided by Sections 145.012 and 145.013, an
14-24 existing position or classification or a position or classification
14-25 created in the future either by name or by increase in salary may
14-26 be filled only from an eligibility list that results from an
14-27 examination held in accordance with this chapter.
15-1 Sec. 145.022. EMPLOYMENT REQUIREMENTS AND EXAMINATIONS. (a)
15-2 The commission shall set the requirements for applicants for
15-3 beginning and promotional positions in accordance with this
15-4 chapter. The requirements must be the same for all applicants.
15-5 (b) The commission shall require each applicant for a
15-6 beginning or a promotional position to take an appropriate physical
15-7 examination. The commission may require each applicant for a
15-8 beginning position to take a mental examination. The examination
15-9 shall be administered by a physician, psychiatrist, or
15-10 psychologist, as appropriate, appointed by the commission. The
15-11 municipality shall pay for each examination.
15-12 (c) If an applicant is rejected by the physician,
15-13 psychiatrist, or psychologist, as appropriate, the applicant may
15-14 request another examination by a board of three physicians,
15-15 psychiatrists, or psychologists, as appropriate, appointed by the
15-16 commission. The applicant must pay for the board examination. The
15-17 board's decision is final.
15-18 Sec. 145.023. ELIGIBILITY FOR BEGINNING POSITION. (a) A
15-19 person may not take an entrance examination for a beginning
15-20 position in the municipality unless the person is at least 18 years
15-21 of age.
15-22 (b) An applicant may not be certified as eligible for a
15-23 beginning position with a fire department unless the applicant
15-24 meets all legal requirements necessary to become eligible for
15-25 future certification by the Commission on Fire Protection Personnel
15-26 Standards and Education.
15-27 (c) An applicant may not be certified as eligible for a
16-1 beginning position with a police department unless the applicant
16-2 meets all legal requirements necessary to become eligible for
16-3 future licensing by the Commission on Law Enforcement Officer
16-4 Standards and Education.
16-5 Sec. 145.024. ENTRANCE EXAMINATION NOTICE. (a) Before the
16-6 10th day before the date an entrance examination is held, the
16-7 commission shall cause a notice of the examination to be posted in
16-8 plain view on a bulletin board located in the main lobby of the
16-9 municipality's main office, the lobby of the building in which the
16-10 governing body of the municipality meets, and in the commission's
16-11 office. The notice must show the position to be filled or for
16-12 which the examination is to be held, and the date, time, and place
16-13 of the examination.
16-14 (b) The notice required by Subsection (a) must also state
16-15 the period during which the eligibility list created as a result of
16-16 the examination will be effective.
16-17 Sec. 145.025. ENTRANCE EXAMINATIONS. (a) The commission
16-18 shall provide for open, competitive, and free entrance examinations
16-19 to provide eligibility lists for beginning positions in the
16-20 departments of the municipality. The examinations are open to each
16-21 person who makes a proper application and meets the requirements
16-22 prescribed by this chapter.
16-23 (b) An eligibility list for a beginning position in a
16-24 department of the municipality may be created only as a result of a
16-25 competitive examination held in the presence of each applicant for
16-26 the position. The examination must be based on the person's
16-27 knowledge of and qualifications for work in the department and must
17-1 inquire into the applicant's general education and mental ability.
17-2 A person may not be appointed to the department of a municipality
17-3 except as a result of the examination.
17-4 (c) An applicant may not take an examination unless at least
17-5 one other applicant taking the examination is present.
17-6 (d) Examinations for beginning positions in the department
17-7 of a municipality may be held at different locations if each
17-8 applicant takes the same examination and is examined in the
17-9 presence of other applicants.
17-10 (e) An additional five points shall be added to the
17-11 examination grade of an applicant who served in the United States
17-12 armed forces, received an honorable discharge, and made a passing
17-13 grade on the examination.
17-14 (f) An applicant may not take the examination for a
17-15 particular eligibility list more than once.
17-16 (g) The commission shall keep each eligibility list for a
17-17 beginning position in effect for a period of not less than six
17-18 months or more than 12 months, unless the names of all applicants
17-19 on the list have been referred to the appropriate department. The
17-20 commission shall determine the length of the period.
17-21 (h) The grade to be placed on the eligibility list for each
17-22 applicant shall be computed by adding an applicant's points under
17-23 Subsection (e), if any, to the applicant's grade on the written
17-24 examination. Each applicant's grade on the written examination is
17-25 based on a maximum grade of 100 percent and is determined entirely
17-26 by the correctness of the applicant's answers to the questions.
17-27 The minimum passing grade on the examination is 70 percent. An
18-1 applicant must pass the examination to be placed on an eligibility
18-2 list.
18-3 Sec. 145.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.
18-4 (a) When a vacancy occurs in a beginning position in a
18-5 department, the department head shall request in writing from the
18-6 commission the names of suitable persons from the eligibility list.
18-7 The director shall certify to the municipality's chief executive
18-8 the names of the three persons having the highest grades on the
18-9 eligibility list.
18-10 (b) From the three names certified, the chief executive
18-11 shall appoint the person having the highest grade unless there is a
18-12 valid reason why the person having the second or third highest
18-13 grade should be appointed.
18-14 (c) If the chief executive does not appoint the person
18-15 having the highest grade, the chief executive shall clearly set
18-16 forth in writing the good and sufficient reason why the person
18-17 having the highest grade was not appointed.
18-18 (d) The reason required by Subsection (c) shall be filed
18-19 with the commission and a copy provided to the person having the
18-20 highest grade. If the chief executive appoints the person having
18-21 the third highest grade, a copy of the report shall also be
18-22 furnished to the person having the second highest grade.
18-23 Sec. 145.027. PROBATIONARY PERIOD. (a) A person appointed
18-24 to a beginning position in a department must serve a probationary
18-25 period of one year beginning on that person's date of employment as
18-26 a municipal employee.
18-27 (b) During an employee's probationary period, the department
19-1 head shall discharge the person and remove the person from the
19-2 payroll if the person's appointment was not regular or was not made
19-3 in accordance with this chapter or the commission rules.
19-4 (c) During an employee's probationary period, the person may
19-5 not be prohibited from joining or required to join an employee
19-6 organization. Joining or not joining an employee organization is
19-7 not a ground for retaining or not retaining an employee serving a
19-8 probationary period.
19-9 (d) An employee who was appointed in substantial compliance
19-10 with this chapter and who serves the entire probationary period
19-11 automatically becomes a full-fledged civil service employee and has
19-12 full civil service protection.
19-13 Sec. 145.028. ELIGIBILITY FOR PROMOTION. (a) Except as
19-14 provided by Section 145.012, an employee is not eligible for
19-15 promotion unless the person has served in that department in the
19-16 next lower position or other positions specified by the commission
19-17 for at least two years at any time before the date the promotional
19-18 examination is held.
19-19 (b) A police officer or fire fighter is not eligible for
19-20 promotion unless the person has served in that police or fire
19-21 department in the next lower position or other positions specified
19-22 by the commission for at least two years immediately before the
19-23 date the promotional examination is held. A police officer or fire
19-24 fighter is not eligible for promotion to the rank of captain or its
19-25 equivalent unless the person has at least four years' actual
19-26 service in that police or fire department.
19-27 (c) If a person is recalled on active military duty for not
20-1 more than 24 months, the two-year service requirements prescribed
20-2 by Subsections (a) and (b) do not apply and the person is entitled
20-3 to have time spent on active military duty considered as duty in
20-4 the department. If the active military duty exceeds 12 months, the
20-5 person on return must serve in the department for 90 days before
20-6 the person is eligible to participate in a promotional examination.
20-7 This time is considered necessary to bring the person up to date on
20-8 equipment and techniques.
20-9 Sec. 145.029. PROMOTIONAL EXAMINATION NOTICE. (a) Before
20-10 the 90th day before the date a promotional examination is held, the
20-11 commission shall post a notice that lists the sources from which
20-12 the examination questions will be taken.
20-13 (b) Before the 30th day before the date a promotional
20-14 examination is held, the commission shall post a notice of the
20-15 examination in plain view on a bulletin board located in the main
20-16 lobby of the city hall, in the main lobby of the department, and in
20-17 the commission's office. The notice must show the position to be
20-18 filled or for which the examination is to be held, and the date,
20-19 time, and place of the examination. The commission shall also
20-20 furnish sufficient copies of the notice for posting in the offices
20-21 of the department in which the position will be filled.
20-22 (c) The notice required by Subsection (b) may also include
20-23 the name of each source used for the examination, the number of
20-24 questions taken from each source, and the chapter used in each
20-25 source.
20-26 Sec. 145.030. ELIGIBILITY FOR PROMOTIONAL EXAMINATION. (a)
20-27 Each promotional examination is open to each employee who at any
21-1 time has continuously held for at least two years a position in the
21-2 classification that is immediately below, in salary, the
21-3 classification for which the examination is to be held.
21-4 (b) If the department has adopted a classification plan that
21-5 classifies positions on the basis of similarity in duties and
21-6 responsibilities, each promotional examination is open to each
21-7 employee who has continuously held for at least two years a
21-8 position at the next lower pay grade, if it exists, in the
21-9 classification for which the examination is to be held.
21-10 (c) If there are not enough employees in the next lower
21-11 position with two years' service in that position to provide an
21-12 adequate number of persons to take the examination, the commission
21-13 may open the examination to persons in that position with less than
21-14 two years' service. If there is still an insufficient number, the
21-15 commission may open the examination to persons with at least two
21-16 years' experience in the second lower position, in salary, to the
21-17 position for which the examination is to be held.
21-18 (d) If an employee had previously terminated the employee's
21-19 employment with the department and is subsequently reemployed by
21-20 the same department, the employee must again meet the two-year
21-21 service requirement for eligibility to take a promotional
21-22 examination. In determining if an employee has met the two-year
21-23 service requirement, a department may not consider service in a
21-24 department in another municipality.
21-25 (e) This section does not prohibit lateral crossover between
21-26 classes.
21-27 Sec. 145.031. PROMOTIONAL EXAMINATION PROCEDURE. (a) The
22-1 commission shall adopt rules governing promotions and shall hold
22-2 promotional examinations to provide eligibility lists for each
22-3 classification in the departments of a municipality. The
22-4 examinations shall be held substantially as prescribed by this
22-5 section.
22-6 (b) Each eligible promotional candidate shall be given an
22-7 identical examination in the presence of the other eligible
22-8 promotional candidates.
22-9 (c) The examination must be entirely in writing and may not
22-10 in any part consist of an oral interview.
22-11 (d) The examination questions must test the knowledge of the
22-12 eligible promotional candidates about information and facts and
22-13 must be based on:
22-14 (1) the duties of the position for which the
22-15 examination is held;
22-16 (2) material that is of reasonably current publication
22-17 and that has been made reasonably available to each member of the
22-18 department involved in the examination; and
22-19 (3) any study course given by the departmental schools
22-20 of instruction.
22-21 (e) The examination questions must be taken from the sources
22-22 posted as prescribed by Section 145.029(a). Employees may suggest
22-23 source materials for the examinations.
22-24 (f) The examination questions must be prepared and composed
22-25 so that the grading of the examination can be promptly completed
22-26 immediately after the examination is over.
22-27 (g) The director is responsible for the preparation and
23-1 security of each promotional examination. The fairness of the
23-2 competitive promotional examination is the responsibility of the
23-3 commission, the director, and each municipal employee involved in
23-4 the preparation or administration of the examination.
23-5 (h) A person commits an offense if the person knowingly or
23-6 intentionally:
23-7 (1) reveals a part of a promotional examination to an
23-8 unauthorized person; or
23-9 (2) receives from an authorized or unauthorized person
23-10 a part of a promotional examination for unfair personal gain or
23-11 advantage.
23-12 (i) An offense under Subsection (h) is a misdemeanor
23-13 punishable by a fine of not less than $1,000, confinement in the
23-14 county jail for not more than one year, or both the fine and the
23-15 confinement.
23-16 Sec. 145.032. PROMOTIONAL EXAMINATION GRADES. (a) The
23-17 grading of each promotional examination shall begin when one
23-18 eligible promotional candidate completes the examination. As the
23-19 eligible promotional candidates finish the examination, the
23-20 examinations shall be graded at the examination location and in the
23-21 presence of any candidate who wants to remain during the grading.
23-22 (b) Each employee is entitled to receive one point for each
23-23 year of seniority as a classified employee in that department, with
23-24 a maximum of 10 points.
23-25 (c) The grade that must be placed on the eligibility list
23-26 for each employee shall be computed by adding the applicant's
23-27 points for seniority to the applicant's grade on the written
24-1 examination. Each applicant's grade on the written examination is
24-2 based on a maximum grade of 100 points and is determined entirely
24-3 by the correctness of the applicant's answers to the questions.
24-4 All applicants who receive a grade of at least 70 points shall be
24-5 determined to have passed the examination. If a tie score occurs,
24-6 the commission shall determine a method to break the tie.
24-7 (d) Within 24 hours after a promotional examination is held,
24-8 the commission shall post the individual raw test scores on a
24-9 bulletin board located in the main lobby of the city hall.
24-10 Sec. 145.033. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
24-11 (a) On request, each eligible promotional candidate from the
24-12 department is entitled to examine the person's promotional
24-13 examination and answers, the examination grading, and the source
24-14 material for the examination. If dissatisfied, the candidate may
24-15 appeal, within five business days, to the commission for review in
24-16 accordance with this chapter. In computing this period, a
24-17 Saturday, Sunday, or legal holiday is not considered a business
24-18 day.
24-19 (b) The eligible promotional candidate may not remove the
24-20 examination or copy a question used in the examination.
24-21 Sec. 145.034. PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS.
24-22 (a) When a vacancy occurs in a nonentry position that is not
24-23 appointed by the department head as provided by Section 145.013,
24-24 the vacancy shall be filled as prescribed by this section.
24-25 (b) If an eligibility list for the position to be filled
24-26 exists on the date the vacancy occurs, the director, on request by
24-27 the department head, shall certify to the department head the names
25-1 of the three persons having the highest grades on that eligibility
25-2 list. The commission shall certify the names within 10 days after
25-3 the date the commission is notified of the vacancy. If fewer than
25-4 three names remain on the eligibility list or if only one or two
25-5 eligible promotional candidates passed the promotional examination,
25-6 each name on the list must be submitted to the department head.
25-7 (c) The commission shall submit names from an existing
25-8 eligibility list to the department head until the vacancy is filled
25-9 or the list is exhausted.
25-10 (d) If an eligibility list does not exist on the date a
25-11 vacancy occurs or a new position is created, the commission shall
25-12 hold an examination to create a new eligibility list within 90 days
25-13 after the date the vacancy occurs or a new position is created.
25-14 (e) If an eligibility list exists on the date a vacancy
25-15 occurs, the department head shall fill the vacancy by permanent
25-16 appointment from the eligibility list furnished by the commission
25-17 within 60 days after the date the vacancy occurs. If an
25-18 eligibility list does not exist, the department head shall fill the
25-19 vacancy by permanent appointment from an eligibility list that the
25-20 commission shall provide within 90 days after the date the vacancy
25-21 occurs.
25-22 (f) Unless the department head has a valid reason for not
25-23 appointing the person, the department head shall appoint the
25-24 eligible promotional candidate having the highest grade on the
25-25 eligibility list. If the department head has a valid reason for
25-26 not appointing the eligible promotional candidate having the
25-27 highest grade, the department head shall personally discuss the
26-1 reason with the person being bypassed before appointing another
26-2 person. The department head shall also file the reason in writing
26-3 with the commission. On application of the bypassed eligible
26-4 promotional candidate, the reason the department head did not
26-5 appoint that person is subject to review by the commission.
26-6 (g) If a person is bypassed, the person's name is returned
26-7 to its place on the eligibility list and shall be resubmitted to
26-8 the department head if a vacancy occurs. If the department head
26-9 refuses three times to appoint a person, files the reasons for the
26-10 refusals in writing with the commission, and the commission does
26-11 not set aside the refusals, the person's name shall be removed from
26-12 the eligibility list.
26-13 (h) Each promotional eligibility list remains in existence
26-14 for one year after the date on which the written examination is
26-15 given, unless exhausted. At the expiration of the one-year period,
26-16 the eligibility list expires and a new examination may be held.
26-17 Sec. 145.035. RECORD OF CERTIFICATION AND APPOINTMENT. (a)
26-18 When a person is certified and appointed to a position in a
26-19 department, the director shall forward the appointed person's
26-20 record to the proper department head. The director shall also
26-21 forward a copy of the record to the chief executive and shall
26-22 retain a copy in the civil service files.
26-23 (b) The record must contain:
26-24 (1) the date notice of examination for the position
26-25 was posted;
26-26 (2) the date on which the appointed person took the
26-27 examination;
27-1 (3) the name of each person who conducted the
27-2 examination;
27-3 (4) the relative position of the appointed person on
27-4 the eligibility list;
27-5 (5) the date the appointed person took the physical
27-6 examination, the name of the examining physician, and whether the
27-7 person was accepted or rejected;
27-8 (6) the date the request to fill the vacancy was made;
27-9 (7) the date the appointed person was notified to
27-10 report for duty; and
27-11 (8) the date the appointed person's pay is to start.
27-12 (c) If the director intentionally fails to comply with this
27-13 section, the commission shall immediately remove the director from
27-14 office.
27-15 (d) The director's failure to comply with this section does
27-16 not affect the civil service status of an employee.
27-17 Sec. 145.036. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
27-18 (a) The department head may designate a person from the next lower
27-19 classification to temporarily fill a position in a higher
27-20 classification. The designated person is entitled to the base
27-21 salary of the higher position plus the person's own longevity or
27-22 seniority pay, educational incentive pay, and certification pay
27-23 during the time the person performs the duties.
27-24 (b) The temporary performance of the duties of a higher
27-25 position by a person who has not been promoted as prescribed by
27-26 this chapter may not be construed as a promotion.
27-27 (Sections 145.037-145.040 reserved for expansion
28-1 SUBCHAPTER C. COMPENSATION
28-2 Sec. 145.041. SALARY. (a) Except as provided by Section
28-3 145.036, all employees in the same classification are entitled to
28-4 the same base salary.
28-5 (b) In addition to the base salary, an employee is entitled
28-6 to each of the following types of pay, if applicable:
28-7 (1) longevity or seniority pay; and
28-8 (2) assignment pay as authorized by Section 145.042.
28-9 Sec. 145.042. ASSIGNMENT PAY. (a) The governing body of a
28-10 municipality may authorize assignment pay for employees who perform
28-11 specialized functions in their respective departments.
28-12 (b) The assignment pay is in an amount and is payable under
28-13 conditions set by ordinance and is in addition to the regular pay
28-14 received by members of the department.
28-15 (c) If the ordinance applies equally to each person who
28-16 meets the criteria established by the ordinance, the ordinance may
28-17 provide for payment to each employee who meets training or
28-18 education criteria for an assignment or the ordinance may set
28-19 criteria that provide for payment only to an employee in a special
28-20 assignment.
28-21 (d) A department head is not eligible for the assignment pay
28-22 authorized by this section.
28-23 Sec. 145.043. ACCUMULATION AND PAYMENT OF SICK LEAVE. (a)
28-24 A permanent or temporary employee is allowed sick leave with pay
28-25 accumulated at the rate of 1-1/4 full working days for each full
28-26 month employed in a calendar year, so as to total 15 working days
28-27 to a person's credit each 12 months.
29-1 (b) An employee may accumulate sick leave without limit and
29-2 may use the leave if unable to work because of a bona fide illness.
29-3 If an ill employee exhausts the sick leave and can conclusively
29-4 prove that the illness was incurred in the performance of duties,
29-5 an extension of sick leave shall be granted.
29-6 (c) An employee who leaves the classified service for any
29-7 reason is entitled to receive in a lump-sum payment the full amount
29-8 of the person's salary for accumulated sick leave if the person has
29-9 accumulated not more than 90 days of sick leave. If an employee
29-10 has accumulated more than 90 working days of sick leave, the
29-11 person's employer may limit payment to the amount that the person
29-12 would have received if the person had been allowed to use 90 days
29-13 of accumulated sick leave during the last six months of employment.
29-14 The lump-sum payment is computed by compensating the employee for
29-15 the accumulated time at the highest permanent pay classification
29-16 for which the person was eligible during the last six months of
29-17 employment. The employee is paid for the same period for which the
29-18 person would have been paid if the person had taken the sick leave
29-19 but does not include additional holidays and any sick leave or
29-20 vacation time that the person might have accrued during the 90
29-21 days.
29-22 (d) To facilitate the settlement of the accounts of a
29-23 deceased employee, all unpaid compensation, including all
29-24 accumulated sick leave, due at the time of death to an active
29-25 employee who dies as a result of a line-of-duty injury or illness,
29-26 shall be paid to the persons in the first applicable category of
29-27 the following prioritized list:
30-1 (1) to the beneficiary or beneficiaries the employee
30-2 designated in writing to receive the compensation and filed with
30-3 the commission before the person's death;
30-4 (2) to the employee's surviving spouse;
30-5 (3) to the employee's child or children and to the
30-6 descendants of a deceased child, by representation;
30-7 (4) to the employee's parents or to their survivors;
30-8 or
30-9 (5) to the properly appointed legal representative of
30-10 the employee's estate, or in the absence of a representative, to
30-11 the person determined to be entitled to the payment under the state
30-12 law of descent and distribution.
30-13 (e) Payment of compensation to a person in accordance with
30-14 Subsection (d) is a bar to recovery by another person.
30-15 Sec. 145.044. VACATIONS. (a) Each employee is entitled to
30-16 earn a minimum of 15 working days' vacation leave with pay in each
30-17 year.
30-18 (b) In computing the length of time an employee may be
30-19 absent from work on vacation leave, only those calendar days during
30-20 which the person would be required to work if not on vacation may
30-21 be counted as vacation days.
30-22 (c) Unless approved by the municipality's governing body, an
30-23 employee may not accumulate vacation leave from year to year.
30-24 (Sections 145.045-145.050 reserved for expansion
30-25 SUBCHAPTER D. DISCIPLINARY ACTIONS
30-26 Sec. 145.051. CAUSE FOR REMOVAL OR SUSPENSION. A commission
30-27 rule prescribing cause for removal or suspension of an employee is
31-1 not valid unless it involves one or more of the following grounds:
31-2 (1) conviction of a felony or other crime involving
31-3 moral turpitude;
31-4 (2) violations of a municipal charter provision;
31-5 (3) acts of incompetency;
31-6 (4) neglect of duty;
31-7 (5) discourtesy to the public or to a fellow employee
31-8 while the employee is in the line of duty;
31-9 (6) acts showing lack of good moral character;
31-10 (7) drinking intoxicants while on duty or intoxication
31-11 while off duty;
31-12 (8) conduct prejudicial to good order;
31-13 (9) refusal or neglect to pay just debts;
31-14 (10) absence without leave;
31-15 (11) shirking duty; or
31-16 (12) violation of an applicable department rule or
31-17 special order.
31-18 Sec. 145.052. DISCIPLINARY SUSPENSIONS. (a) The department
31-19 head may suspend an employee under the department head's
31-20 supervision or jurisdiction for the violation of a civil service
31-21 rule. The suspension may be for a reasonable period not to exceed
31-22 15 calendar days or for an indefinite period. An indefinite
31-23 suspension is equivalent to dismissal from the department.
31-24 (b) If the department head suspends an employee, the
31-25 department head shall, within 120 hours after the hour of
31-26 suspension, file a written statement with the commission giving the
31-27 reasons for the suspension. The department head shall immediately
32-1 deliver a copy of the statement in person to the suspended
32-2 employee.
32-3 (c) The copy of the written statement must inform the
32-4 suspended employee that if the person wants to appeal to the
32-5 commission, the person must file a written appeal with the
32-6 commission within 10 days after the date the person receives the
32-7 copy of the statement.
32-8 (d) The written statement filed by the department head with
32-9 the commission must point out each civil service rule alleged to
32-10 have been violated by the suspended employee and must describe the
32-11 alleged acts of the person that the department head contends are in
32-12 violation of the civil service rules. It is not sufficient for the
32-13 department head merely to refer to the provisions of the rules
32-14 alleged to have been violated.
32-15 (e) If the department head does not specifically point out
32-16 in the written statement the act or acts of the employee that
32-17 allegedly violated the civil service rules, the commission shall
32-18 promptly reinstate the person.
32-19 (f) If offered by the department head, the employee may
32-20 agree in writing to voluntarily accept, with no right of appeal, a
32-21 suspension of 16 to 90 calendar days for the violation of a civil
32-22 service rule. The employee must accept the offer within five
32-23 working days after the date the offer is made. If the person
32-24 refuses the offer and wants to appeal to the commission, the person
32-25 must file a written appeal with the commission within 15 days after
32-26 the date the person receives the copy of the written statement of
32-27 suspension.
33-1 (g) In the original written statement and charges and in any
33-2 hearing conducted under this chapter, the department head may not
33-3 complain of an act that occurred earlier than the 180th day
33-4 preceding the date the department head suspends the employee. If
33-5 the act is allegedly related to criminal activity including the
33-6 violation of a federal, state, or local law for which the employee
33-7 is subject to a criminal penalty, the department head may not
33-8 complain of an act that is discovered earlier than the 180th day
33-9 preceding the date the department head suspends the employee. The
33-10 department head must allege that the act complained of is related
33-11 to criminal activity.
33-12 Sec. 145.053. APPEAL OF DISCIPLINARY SUSPENSION. (a) If a
33-13 suspended employee appeals the suspension to the commission, the
33-14 commission shall hold a hearing and render a decision in writing
33-15 within 30 days after the date it receives notice of appeal. The
33-16 suspended person and the commission may agree to postpone the
33-17 hearing for a definite period.
33-18 (b) In a hearing conducted under this section, the
33-19 department head is restricted to the department head's original
33-20 written statement and charges, which may not be amended.
33-21 (c) The commission may deliberate the decision in closed
33-22 session but may not consider evidence that was not presented at the
33-23 hearing. The commission shall vote in open session.
33-24 (d) In its decision, the commission shall state whether the
33-25 suspended employee is:
33-26 (1) permanently dismissed from the department;
33-27 (2) temporarily suspended from the department; or
34-1 (3) restored to the person's former position or status
34-2 in the department's classified service.
34-3 (e) If the commission finds that the period of disciplinary
34-4 suspension should be reduced, the commission may order a reduction
34-5 in the period of suspension. If the suspended employee is restored
34-6 to the position or class of service from which the person was
34-7 suspended, the employee is entitled to full compensation for the
34-8 actual time lost as a result of the suspension at the rate of pay
34-9 provided for the position or class of service from which the person
34-10 was suspended.
34-11 (f) The commission may suspend or dismiss an employee only
34-12 for violation of civil service rules and only after a finding by
34-13 the commission of the truth of specific charges against the
34-14 employee.
34-15 Sec. 145.054. DEMOTIONS. (a) If the head of a department
34-16 wants an employee under the department head's supervision or
34-17 jurisdiction to be involuntarily demoted, the department head may
34-18 recommend in writing to the commission that the commission demote
34-19 the employee.
34-20 (b) The department head must include in the recommendation
34-21 for demotion the reasons the department head recommends the
34-22 demotion and a request that the commission order the demotion. The
34-23 department head must immediately furnish a copy of the
34-24 recommendation in person to the affected employee.
34-25 (c) The commission may refuse to grant the request for
34-26 demotion. If the commission believes that probable cause exists
34-27 for ordering the demotion, the commission shall give the employee
35-1 written notice to appear before the commission for a public
35-2 hearing at a time and place specified in the notice. The
35-3 commission shall give the notice before the 10th day before the
35-4 date the hearing will be held.
35-5 (d) The employee is entitled to a full and complete public
35-6 hearing, and the commission may not demote an employee without that
35-7 public hearing.
35-8 (e) A voluntary demotion in which the employee has accepted
35-9 the terms of the demotion in writing is not subject to this
35-10 section.
35-11 Sec. 145.055. UNCOMPENSATED DUTY. (a) In this section,
35-12 "uncompensated duty" means days of work without pay that are in
35-13 addition to regular or normal workdays.
35-14 (b) The head of a department may assign an employee to
35-15 uncompensated duty. The department head may not impose
35-16 uncompensated duty unless the employee agrees to accept the duty.
35-17 If the employee agrees to accept uncompensated duty, the department
35-18 head shall give the person a written statement that specifies the
35-19 date or dates on which the person will perform uncompensated duty.
35-20 (c) Uncompensated duty may be in place of or in combination
35-21 with a period of disciplinary suspension without pay. If
35-22 uncompensated duty is combined with a disciplinary suspension, the
35-23 total number of uncompensated days may not exceed 15.
35-24 (d) An employee may not earn or accrue any wage, salary, or
35-25 benefit arising from length of service while the person is
35-26 suspended or performing uncompensated duty. The days on which an
35-27 employee performs assigned uncompensated duty may not be taken into
36-1 consideration in determining eligibility for a promotional
36-2 examination. A disciplinary suspension does not constitute a break
36-3 in a continuous position or in service in the department in
36-4 determining eligibility for a promotional examination.
36-5 (e) Except as provided by this section, an employee who
36-6 performs assigned uncompensated duty retains all rights and
36-7 privileges of the person's position in the department and of the
36-8 person's employment by the municipality.
36-9 Sec. 145.056. PROCEDURES AFTER FELONY INDICTMENT OR
36-10 MISDEMEANOR COMPLAINT. (a) If an employee is indicted for a
36-11 felony or officially charged with the commission of a Class A or B
36-12 misdemeanor, the department head may temporarily suspend the person
36-13 with or without pay for a period not to exceed 30 days after the
36-14 date of final disposition of the specified felony indictment or
36-15 misdemeanor complaint.
36-16 (b) The department head shall notify the employee in writing
36-17 that the person is being temporarily suspended for a specific
36-18 period with or without pay and that the temporary suspension is not
36-19 intended to reflect an opinion on the merits of the indictment or
36-20 complaint.
36-21 (c) If the action directly related to the felony indictment
36-22 or misdemeanor complaint occurred or was discovered on or after the
36-23 180th day before the date of the indictment or complaint, the
36-24 department head may, within 30 days after the date of final
36-25 disposition of the indictment or complaint, bring a charge against
36-26 the employee for a violation of civil service rules.
36-27 (d) An employee indicted for a felony or officially charged
37-1 with the commission of a Class A or B misdemeanor who has also been
37-2 charged by the department head with civil service violations
37-3 directly related to the indictment or complaint may delay the civil
37-4 service hearing for not more than 30 days after the date of the
37-5 final disposition of the indictment or complaint.
37-6 (e) If the department head temporarily suspends an employee
37-7 under this section and the employee is not found guilty of the
37-8 indictment or complaint in a court of competent jurisdiction, the
37-9 employee may appeal to the commission or to a hearing examiner for
37-10 recovery of back pay. The commission or hearing examiner may award
37-11 all or part of the back pay or reject the appeal.
37-12 (f) Acquittal or dismissal of an indictment or a complaint
37-13 does not mean that an employee has not violated civil service
37-14 rules and does not negate the charges that may have been or may be
37-15 brought against the employee by the department head.
37-16 (g) Conviction of a felony is cause for dismissal, and
37-17 conviction of a Class A or B misdemeanor may be cause for
37-18 disciplinary action or indefinite suspension.
37-19 (h) The department head may order an indefinite suspension
37-20 based on an act classified as a felony or a Class A or B
37-21 misdemeanor after the 180-day period following the date of the
37-22 discovery of the act by the department if the department head
37-23 considers delay to be necessary to protect a criminal investigation
37-24 of the person's conduct. If the department head intends to order
37-25 an indefinite suspension after the 180-day period, the department
37-26 head must file with the attorney general a statement describing the
37-27 criminal investigation and its objectives within 180 days after the
38-1 date the act complained of occurred.
38-2 Sec. 145.057. HEARING EXAMINERS. (a) In addition to the
38-3 other notice requirements prescribed by this chapter, the letter of
38-4 disciplinary action issued to an employee must state that in an
38-5 appeal of an indefinite suspension, a suspension, a promotional
38-6 passover, or a recommended demotion, the appealing employee may
38-7 elect to appeal to an independent third-party hearing examiner
38-8 instead of to the commission. The letter must also state that if
38-9 the employee elects to appeal to a hearing examiner, the person
38-10 waives all rights to appeal to a district court except as provided
38-11 by Subsection (j).
38-12 (b) To exercise the choice of appealing to a hearing
38-13 examiner, the appealing employee must submit to the director a
38-14 written request as part of the original notice of appeal required
38-15 under this chapter stating the person's decision to appeal to an
38-16 independent third-party hearing examiner.
38-17 (c) The hearing examiner's decision is final and binding on
38-18 all parties. If the employee decides to appeal to an independent
38-19 third-party hearing examiner, the person automatically waives all
38-20 rights to appeal to a district court except as provided by
38-21 Subsection (j).
38-22 (d) If the appealing employee chooses to appeal to a hearing
38-23 examiner, the employee and the department head, or their designees,
38-24 shall first attempt to agree on the selection of an impartial
38-25 hearing examiner. If the parties do not agree on the selection of
38-26 a hearing examiner on or within 10 days after the date the appeal
38-27 is filed, the director shall immediately request a list of seven
39-1 qualified neutral arbitrators from the American Arbitration
39-2 Association or the Federal Mediation and Conciliation Service, or
39-3 their successors in function. The employee and the department
39-4 head, or their designees, may agree on one of the seven neutral
39-5 arbitrators on the list. If they do not agree within five working
39-6 days after the date they received the list, each party or the
39-7 party's designee shall alternate striking a name from the list and
39-8 the name remaining is the hearing examiner. The parties or their
39-9 designees shall agree on a date for the hearing.
39-10 (e) The appeal hearing shall begin as soon as the hearing
39-11 examiner can be scheduled. If the hearing examiner cannot begin
39-12 the hearing within 45 calendar days after the date of selection,
39-13 the employee may, within two days after learning of that fact, call
39-14 for the selection of a new hearing examiner using the procedure
39-15 prescribed by Subsection (d).
39-16 (f) In each hearing conducted under this section, the
39-17 hearing examiner has the same duties and powers as the commission,
39-18 including the right to issue subpoenas.
39-19 (g) In a hearing conducted under this section, the parties
39-20 may agree to an expedited hearing procedure. Unless otherwise
39-21 agreed by the parties, in an expedited procedure the hearing
39-22 examiner shall render a decision on the appeal within 10 days after
39-23 the date the hearing ended.
39-24 (h) In an appeal that does not involve an expedited hearing
39-25 procedure, the hearing examiner shall make a reasonable effort to
39-26 render a decision on the appeal within 30 days after the date the
39-27 hearing ends or the briefs are filed. The hearing examiner's
40-1 inability to meet the time requirements imposed by this section
40-2 does not affect the hearing examiner's jurisdiction, the validity
40-3 of the disciplinary action, or the hearing examiner's final
40-4 decision.
40-5 (i) The hearing examiner's fees and expenses are shared
40-6 equally by the appealing employee and by the department. The costs
40-7 of a witness are paid by the party who calls the witness.
40-8 (j) A district court may hear an appeal of a hearing
40-9 examiner's award only on the grounds that the arbitration panel was
40-10 without jurisdiction or exceeded its jurisdiction or that the order
40-11 was procured by fraud, collusion, or other unlawful means. An
40-12 appeal must be brought in the district court having jurisdiction in
40-13 the municipality in which the department is located.
40-14 (Sections 145.058-145.070 reserved for expansion
40-15 SUBCHAPTER E. LEAVES
40-16 Sec. 145.071. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
40-17 (a) If a sufficient number of employees are available to carry out
40-18 the normal functions of the department, an employee may not be
40-19 refused a reasonable leave of absence without pay to attend a
40-20 school, convention, or meeting if the purpose of the school,
40-21 convention, or meeting is to secure a more efficient department and
40-22 better working conditions for department personnel.
40-23 (b) A rule that affects an employee's constitutional right
40-24 to appear before or to petition the legislature may not be adopted.
40-25 Sec. 145.072. MILITARY LEAVE OF ABSENCE. (a) On written
40-26 application of an employee, the commission shall grant the person a
40-27 military leave of absence without pay to enable the person to enter
41-1 a branch of the United States military service. The leave of
41-2 absence may not exceed the period of compulsory military service or
41-3 the basic minimum enlistment period for the branch of service the
41-4 employee enters.
41-5 (b) The commission shall grant to an employee a leave of
41-6 absence for initial training or annual duty in the military
41-7 reserves or the national guard.
41-8 (c) While an employee who received a military leave of
41-9 absence serves in the military, the commission shall fill the
41-10 person's position in the department in accordance with this
41-11 chapter. The employee who fills the position is subject to
41-12 replacement by the person who received the military leave at the
41-13 time the person returns to active duty in the department.
41-14 (d) On termination of active military service, an employee
41-15 who received a military leave of absence under this section is
41-16 entitled to be reinstated to the position that the person held in
41-17 the department at the time the leave of absence was granted if the
41-18 person:
41-19 (1) receives an honorable discharge;
41-20 (2) remains physically and mentally fit to discharge
41-21 the duties of that position; and
41-22 (3) makes an application for reinstatement within 90
41-23 days after the date the person is discharged from military service.
41-24 (e) On reinstatement, the employee shall receive full
41-25 seniority credit for the time spent in the military service.
41-26 (f) If the reinstatement of an employee who received a
41-27 military leave of absence causes that person's replacement to be
42-1 returned to a lower position in grade or compensation, the replaced
42-2 person has a preferential right to a subsequent appointment or
42-3 promotion to the same or a similar position from which the person
42-4 was demoted. This preferential right has priority over an
42-5 eligibility list and is subject to the replaced person remaining
42-6 physically and mentally fit to discharge the duties of that
42-7 position.
42-8 Sec. 145.073. LINE-OF-DUTY ILLNESS OR INJURY LEAVE OF
42-9 ABSENCE. (a) A municipality shall provide to an employee a leave
42-10 of absence for an illness or injury related to the person's line of
42-11 duty. The leave is with full pay for a period commensurate with
42-12 the nature of the line-of-duty illness or injury. If necessary,
42-13 the leave shall continue for at least one year.
42-14 (b) At the end of the one-year period, the municipality's
42-15 governing body may extend the line-of-duty illness or injury leave
42-16 at full or reduced pay. If the employee's salary is reduced below
42-17 60 percent of the person's regular monthly salary and the
42-18 municipality has an employee's pension fund, the person may retire
42-19 on pension until able to return to duty.
42-20 (c) If pension benefits are not available to an employee who
42-21 is temporarily disabled by a line-of-duty injury or illness and if
42-22 the year at full pay and any extensions granted by the governing
42-23 body have expired, the employee may use accumulated sick leave,
42-24 vacation time, and other accrued benefits before the person is
42-25 placed on temporary leave.
42-26 (d) If an employee is temporarily disabled by an injury or
42-27 illness that is not related to the person's line of duty, the
43-1 person may use all sick leave, vacation time, and other accumulated
43-2 time before the person is placed on temporary leave.
43-3 (e) After recovery from a temporary disability, an employee
43-4 shall be reinstated at the same rank and with the same seniority
43-5 the person had before going on temporary leave. Another employee
43-6 may voluntarily do the work of an injured employee until the person
43-7 returns to duty.
43-8 Sec. 145.074. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.
43-9 With the commission's approval and if otherwise qualified, an
43-10 employee who has been certified by a physician selected by an
43-11 employees' relief or retirement fund as having recovered from a
43-12 disability for which the person has been receiving a monthly
43-13 disability pension is eligible for reappointment to the classified
43-14 position that the person held on the date the person qualified for
43-15 the monthly disability pension.
43-16 (Sections 145.075-145.080 reserved for expansion
43-17 SUBCHAPTER F. MISCELLANEOUS PROVISIONS
43-18 Sec. 145.081. DETERMINATION OF PHYSICAL AND MENTAL FITNESS.
43-19 (a) If a question arises as to whether an employee is sufficiently
43-20 physically or mentally fit to continue the person's duties, the
43-21 employee shall submit to the commission a report from the person's
43-22 personal physician, psychiatrist, or psychologist, as appropriate.
43-23 (b) If the commission, the department head, or the employee
43-24 questions the report, the commission shall appoint a physician,
43-25 psychiatrist, or psychologist, as appropriate, to examine the
43-26 employee and to submit a report to the commission, the department
43-27 head, and the person.
44-1 (c) If the report of the appointed physician, psychiatrist,
44-2 or psychologist, as appropriate, disagrees with the report of the
44-3 employee's personal physician, psychiatrist, or psychologist, as
44-4 appropriate, the commission shall appoint a three-member board
44-5 composed of a physician, a psychiatrist, and a psychologist, or any
44-6 combination, as appropriate, to examine the employee. The board's
44-7 findings as to the person's fitness for duty shall determine the
44-8 issue.
44-9 (d) The employee shall pay the cost of the services of the
44-10 person's personal physician, psychiatrist, or psychologist, as
44-11 appropriate. The municipality shall pay all other costs.
44-12 Sec. 145.082. EFFICIENCY REPORTS. (a) The commission may
44-13 develop proper procedures and rules for semiannual efficiency
44-14 reports and grades for each employee.
44-15 (b) If the commission collects efficiency reports on
44-16 employees, the commission shall provide each person with a copy of
44-17 that person's report.
44-18 (c) Within 10 calendar days after the date an employee
44-19 receives the copy of the person's efficiency report, the person may
44-20 make a statement in writing concerning the efficiency report. The
44-21 statement shall be placed in the person's personnel file with the
44-22 efficiency report.
44-23 Sec. 145.083. FORCE REDUCTION AND REINSTATEMENT LIST. (a)
44-24 If a municipality's governing body adopts an ordinance that vacates
44-25 or abolishes a department position, the employee who holds that
44-26 position shall be demoted to the position immediately below the
44-27 vacated or abolished position. If one or more positions of equal
45-1 rank are vacated or abolished, the employees who have the least
45-2 seniority in a position shall be demoted to the position
45-3 immediately below the vacated or abolished position. If an
45-4 employee is demoted under this subsection without charges being
45-5 filed against the person for violation of civil service rules, the
45-6 employee shall be placed on a position reinstatement list in order
45-7 of seniority. If the vacated or abolished position is filled or
45-8 re-created within one year after the date it was vacated or
45-9 abolished, the position must be filled from the reinstatement list.
45-10 Appointments from the reinstatement list shall be made in order of
45-11 seniority. A person who is not on the list may not be appointed to
45-12 the position during the one-year period until the reinstatement
45-13 list is exhausted.
45-14 (b) If a position in the lowest classification is abolished
45-15 or vacated and an employee must be dismissed from the department,
45-16 the employee with the least seniority shall be dismissed. If an
45-17 employee is dismissed under this subsection without charges being
45-18 filed against the person for violation of civil service rules, the
45-19 employee shall be placed on a reinstatement list in order of
45-20 seniority. Appointments from the reinstatement list shall be made
45-21 in order of seniority. Until the reinstatement list is exhausted,
45-22 a person may not be appointed from an eligibility list. When a
45-23 person has been on a reinstatement list for three years, the person
45-24 shall be dropped from the list but shall be restored to the list at
45-25 the request of the commission.
45-26 Sec. 145.084. POLITICAL ACTIVITIES. (a) While in uniform
45-27 or on active duty, an employee may not take an active part in
46-1 another person's political campaign for an elective position of the
46-2 municipality.
46-3 (b) For the purposes of this section, a person takes an
46-4 active part in a political campaign if the person:
46-5 (1) makes a political speech;
46-6 (2) distributes a card or other political literature;
46-7 (3) writes a letter;
46-8 (4) signs a petition;
46-9 (5) actively and openly solicits votes; or
46-10 (6) makes public derogatory remarks about a candidate
46-11 for an elective position of the municipality.
46-12 (c) An employee may not be required to contribute to a
46-13 political fund or to render a political service to a person or
46-14 party. An employee may not be removed, reduced in classification
46-15 or salary, or otherwise prejudiced for refusing to contribute to a
46-16 political fund or to render a political service.
46-17 (d) A municipal official who attempts to violate Subsection
46-18 (c) violates this chapter.
46-19 (e) Except as expressly provided by this section, the
46-20 commission or the municipality's governing body may not restrict an
46-21 employee's right to engage in a political activity.
46-22 Sec. 145.085. STRIKE PROHIBITION. (a) An employee may not
46-23 engage in a strike against the governmental agency that employs the
46-24 employee.
46-25 (b) In addition to the penalty prescribed by Section
46-26 145.015, if an employee is convicted of an offense for violating
46-27 this section, the person shall be automatically released and
47-1 discharged from the department. After the person is discharged
47-2 from the department, the person may not receive any pay or
47-3 compensation from public funds used to support the department.
47-4 Sec. 145.086. UNLAWFUL RESIGNATION OR RETIREMENT. (a) A
47-5 person commits an offense if the person accepts money or anything
47-6 of value from another person in return for retiring or resigning
47-7 from the person's civil service position.
47-8 (b) A person commits an offense if the person gives money or
47-9 anything of value to another person in return for the other
47-10 person's retirement or resignation from the person's civil service
47-11 position.
47-12 (c) An offense under this section is a Class A misdemeanor.
47-13 Sec. 145.087. PERSONNEL FILE. (a) The director or the
47-14 director's designee shall maintain a personnel file on each
47-15 employee. The personnel file must contain any letter, memorandum,
47-16 or document relating to:
47-17 (1) a commendation, congratulation, or honor bestowed
47-18 on the employee by a member of the public or by the employing
47-19 department for an action, duty, or activity that relates to the
47-20 person's official duties;
47-21 (2) any misconduct by the employee if the letter,
47-22 memorandum, or document is from the employing department and if the
47-23 misconduct resulted in disciplinary action by the employing
47-24 department in accordance with this chapter; and
47-25 (3) the periodic evaluation of the employee by a
47-26 supervisor.
47-27 (b) A letter, memorandum, or document relating to alleged
48-1 misconduct by the employee may not be placed in the person's
48-2 personnel file if the employing department determines that there is
48-3 insufficient evidence to sustain the charge of misconduct.
48-4 (c) A letter, memorandum, or document relating to
48-5 disciplinary action taken against the employee or to alleged
48-6 misconduct by the employee that is placed in the person's
48-7 personnel file as provided by Subsection (a)(2) shall be removed
48-8 from the employee's file if the commission finds that:
48-9 (1) the disciplinary action was taken without just
48-10 cause; or
48-11 (2) the charge of misconduct was not supported by
48-12 sufficient evidence.
48-13 (d) If a negative letter, memorandum, document, or other
48-14 notation of negative impact is included in an employee's personnel
48-15 file, the director or the director's designee shall, within 30 days
48-16 after the date of the inclusion, notify the employee. The employee
48-17 may, on or before the 15th day after the date of receipt of the
48-18 notification, file a written response to the negative letter,
48-19 memorandum, document, or other notation.
48-20 (e) The employee is entitled, on request, to a copy of any
48-21 letter, memorandum, or document placed in the person's personnel
48-22 file. The municipality may charge the employee a reasonable fee
48-23 not to exceed actual cost for any copies provided under this
48-24 subsection.
48-25 (f) The director or the director's designee may not release
48-26 any information contained in an employee's personnel file without
48-27 first obtaining the person's written permission, unless the release
49-1 of the information is required by law.
49-2 (g) A department may maintain a personnel file on an
49-3 employee employed by the department for the department's use, but
49-4 the department may not release any information contained in the
49-5 department file to any agency or person requesting information
49-6 relating to an employee. The department shall refer to the
49-7 director or the director's designee a person or agency that
49-8 requests information that is maintained in the employee's personnel
49-9 file.
49-10 SECTION 3. The chapter heading to Chapter 143, Local
49-11 Government Code, is amended to read as follows:
49-12 CHAPTER 143. MUNICIPAL CIVIL SERVICE:
49-13 FIRE AND POLICE DEPARTMENT EMPLOYEES
49-14 SECTION 4. Subchapter G, Chapter 143, Local Government Code,
49-15 is repealed.
49-16 SECTION 5. (a) The changes in law made by this Act relating
49-17 to a criminal or civil penalty that may be imposed apply only to a
49-18 violation of Chapter 145, Local Government Code, or a rule adopted
49-19 by the Municipal Employees Civil Service Commission that occurs on
49-20 or after the effective date of this Act. A violation occurs on or
49-21 after the effective date of this Act only if each element of the
49-22 violation occurs on or after that date. A violation that occurs
49-23 before the effective date of this Act is governed by the law in
49-24 effect on the date the violation occurred, and the former law is
49-25 continued in effect for this purpose.
49-26 (b) The changes in law made by this Act relating to
49-27 disciplinary proceedings apply only to a proceeding instituted on
50-1 or after the effective date of this Act. A disciplinary
50-2 proceeding instituted before the effective date of this Act is
50-3 governed by the law in effect on the date the proceeding was
50-4 instituted, and the former law is continued in effect for this
50-5 purpose.
50-6 (c) Sick leave, vacation leave, or other benefits received
50-7 by an employee in another civil service system or in employment
50-8 with a municipality is transferred as a benefit to the Municipal
50-9 Employees Civil Service Commission.
50-10 SECTION 6. This Act takes effect September 1, 1993.
50-11 SECTION 7. The importance of this legislation and the
50-12 crowded condition of the calendars in both houses create an
50-13 emergency and an imperative public necessity that the
50-14 constitutional rule requiring bills to be read on three several
50-15 days in each house be suspended, and this rule is hereby suspended.