By: Whitmire S.B. No. 720
73R5085 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fire and police grievance procedures in certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.128(d), Local Government Code, is
1-6 amended to read as follows:
1-7 (d) Regardless of the outcome of the meeting, the fire
1-8 fighter's or police officer's immediate supervisor or other
1-9 appropriate supervisor, or both, shall provide a written response
1-10 to the fire fighter or police officer, with a copy to the grievance
1-11 counselor, within 15 <five> of the supervisor's working days after
1-12 the date the meeting occurs. The response must include the
1-13 supervisor's evaluation and proposed solution. The response shall
1-14 either be personally delivered to the fire fighter or police
1-15 officer or be mailed by certified mail, return receipt requested,
1-16 to the last home address provided by that person.
1-17 SECTION 2. Sections 143.129(a), (b), and (c), Local
1-18 Government Code, are amended to read as follows:
1-19 (a) To continue the grievance procedure, the fire fighter or
1-20 police officer must complete a step II grievance form and file it
1-21 with the department head or the departmental grievance counselor
1-22 within 15 <five> calendar days after the date the fire fighter or
1-23 police officer receives the supervisor's response under Section
1-24 143.128.
2-1 (b) The departmental grievance counselor shall arrange a
2-2 meeting of the fire fighter or police officer, that person's
2-3 immediate supervisor or other appropriate supervisor or both, and
2-4 the department head or the department head's representative who
2-5 must have a rank of at least assistant chief or the equivalent.
2-6 The meeting shall be held within 15 <five> of the aggrieved fire
2-7 fighter's or police officer's working days after the date the step
2-8 II grievance form is filed under Subsection (a).
2-9 (c) Regardless of the outcome of the meeting, the department
2-10 head or the department head's representative shall provide a
2-11 written response to the fire fighter or police officer within 15
2-12 <10> of the department head's or department head's representative's
2-13 working days after the date the meeting occurs. The response shall
2-14 either be personally delivered to the fire fighter or police
2-15 officer or be mailed by certified mail, return receipt requested,
2-16 to the last home address provided by that person.
2-17 SECTION 3. Sections 143.130(a) and (d), Local Government
2-18 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 <10> of the
2-26 aggrieved fire fighter's or police officer's working days after the
2-27 date the hearing ends. The findings and recommendation shall be
3-1 given to the commission and copies mailed to the fire fighter or
3-2 police officer by certified mail, return receipt requested, at the
3-3 last home address provided by that person, and to the department
3-4 head.
3-5 SECTION 4. Section 143.131(a), Local Government Code, is
3-6 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 143.128-143.131, Local Government Code, as amended by this
3-17 Act, on or after that date.
3-18 (b) An action taken under the grievance procedures of
3-19 Sections 143.128-143.131, 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.