By: Whitmire S.B. No. 720
A BILL TO BE ENTITLED
AN ACT
1-1 relating to fire and police grievance procedures in certain
1-2 municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 143.128, Local Government
1-5 Code, is amended to read as follows:
1-6 (d) Regardless of the outcome of the meeting, the fire
1-7 fighter's or police officer's immediate supervisor or other
1-8 appropriate supervisor, or both, shall provide a written response
1-9 to the fire fighter or police officer, with a copy to the grievance
1-10 counselor, within 15 calendar <five of the supervisor's working>
1-11 days after the date the meeting occurs. The response must include
1-12 the supervisor's evaluation and proposed solution. The response
1-13 shall either be personally delivered to the fire fighter or police
1-14 officer or be mailed by certified mail, return receipt requested,
1-15 to the last home address provided by that person.
1-16 SECTION 2. Subsections (a), (b), and (c), Section 143.129,
1-17 Local Government Code, are amended to read as follows:
1-18 (a) To continue the grievance procedure, the fire fighter or
1-19 police officer must complete a step II grievance form and file it
1-20 with the department head or the departmental grievance counselor
1-21 within 15 <five> calendar days after the date the fire fighter or
1-22 police officer receives the supervisor's response under Section
1-23 143.128.
1-24 (b) The departmental grievance counselor shall arrange a
2-1 meeting of the fire fighter or police officer, that person's
2-2 immediate supervisor or other appropriate supervisor or both, and
2-3 the department head or the department head's representative who
2-4 must have a rank of at least assistant chief or the equivalent.
2-5 The meeting shall be held within 15 calender <five of the aggrieved
2-6 fire fighter's or police officer's working> days after the date the
2-7 step II grievance form is filed under Subsection (a).
2-8 (c) Regardless of the outcome of the meeting, the department
2-9 head or the department head's representative shall provide a
2-10 written response to the fire fighter or police officer within 15
2-11 calendar <10 of the department head's or department head's
2-12 representative's working> days after the date the meeting occurs.
2-13 The response shall either be personally delivered to the fire
2-14 fighter or police officer or be mailed by certified mail, return
2-15 receipt requested, to the last home address provided by that
2-16 person.
2-17 SECTION 3. Subsections (a) and (d), Section 143.130, Local
2-18 Government Code, are amended to read as follows:
2-19 (a) To continue the grievance procedure, the fire fighter or
2-20 police officer must complete a step III grievance form and file it
2-21 with the director within 15 <10> calendar days after the date the
2-22 fire fighter or police officer receives the department head's
2-23 response under Section 143.129.
2-24 (d) The grievance examiner shall make written findings and a
2-25 recommendation for solution of the grievance within 15 calendar <10
2-26 of the aggrieved fire fighter's or police officer's working> days
2-27 after the date the hearing ends. The findings and recommendation
3-1 shall be given to the commission and copies mailed to the fire
3-2 fighter or police officer by certified mail, return receipt
3-3 requested, at the last home address provided by that person, and to
3-4 the department head.
3-5 SECTION 4. Subsection (a), Section 143.131, Local Government
3-6 Code, is amended to read as follows:
3-7 (a) If the department head or the fire fighter or police
3-8 officer rejects the proposed solution under Section 143.130, the
3-9 department head, the department head's designated representative,
3-10 or the fire fighter or police officer must complete a step IV
3-11 grievance form and file it with the director within 15 <10>
3-12 calendar days after the date the person receives the grievance
3-13 examiner's recommendation.
3-14 SECTION 5. (a) This Act takes effect September 1, 1993, and
3-15 applies only to an action taken under the grievance procedures of
3-16 Sections 143.128 through 143.131, Local Government Code, as amended
3-17 by this Act, on or after that date.
3-18 (b) An action taken under the grievance procedures of
3-19 Sections 143.128 through 143.131, Local Government Code, before the
3-20 effective date of this Act is governed by the law relating to the
3-21 action in effect on the date the action was taken, and the former
3-22 law is continued in effect for that purpose.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.