BILL ANALYSIS
H.B. 2779
By: Talton
5-2-95
Committee Report (Unamended)
BACKGROUND
This bill applies only to the Harris County Sheriff's Department
Civil Service Commission. Because the commission cannot keep up
with the case load, there is an 18 month back-load for civil
service hearings. As a result, when a terminated employee
prevails, the county is forced to pay back-wages for the period the
employee provided no service to the agency. Often needed witnesses
fail to report to give testimony when requested because the Civil
Service Commission lacks subpoena power. Likewise, neither side can
subpoena the documents needed for hearings. There is no limitation
on the amount of time the Sheriff can suspend an employee and he is
not required to notify the Commission of any action. Though the
Sheriff must give the employee notice of suspension, the notice is
often so broad and ambiguous that the employee does have sufficient
notice of the alleged offense. In civil service hearings, since
the commission is not bound to rules of evidence, both sides often
offer unrelated evidence. Finally, there is no statute of
limitation for appeals and the Sheriff has no duty to notify the
civil service commission of any action taken.
PURPOSE
This bill will guarantee effected employees of fair treatment,
subject to the civil service rules, adequate notice of disciplinary
actions, timely hearings, a 180 day statute of limitations, and a
hearing before the final disposition of disciplinary action. It
shall provide an alternative disciplinary action of 16 - 90 days
and a fair appeal to the commission. Further, this bill will give
both sides the opportunity to subpoena witnesses, subject to the
discretion of the civil service commission.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 158, Local Government Code, to add
Sections 158.061, 158.062, 158.063, 158.064, 158.065, and 158.066,
as follows:
Section 158.061. Makes this bill applicable to the Harris
County Sheriff's Department.
Section 158.062. (a) Provides for disciplinary suspensions
for reasonable periods of up to 15 days, and allows the employee to
elect to begin the disciplinary period immediately or, when the
commission renders judgement.
(b) Provides for a 180 day statute of limitation
after the department discovers the violation(s) which gives rise to
the suspension.
(c) Requires notification to the commission
within 120 hours of the notification of the employee.
(d) Provides reinstatement and back-pay for the
employee if the Sheriff violates sub-section (b) or (c) above.
Section 158.063. (a) Provides for indefinite suspension for
civil service rules to begin immediately upon the employee failing
to file an appeal or, if an appeal is filed, upon the final
disposition by the commission.
(b) Provides for 120 hour notice to the
commission.
(c) Provides for written notice of the right to
appeal to the employee.
(d) Provides for adequate notice to the employee.
(e) Provides for reinstatement of the employee if
the notice of termination fails to give adequate notice of the
right to appeal.
(f) Provides for an extended suspension of 16 to
90 days without appeal in lieu of termination.
(g) Provides for a six-month statute of
limitation for extended suspension.
(h) Limits the consideration of previous offenses
to those which have been adjudicated.
(i) Prohibits the revocation, suspension or
denial of extra employment prior to adjudication of the offense.
Section 158.064. (a) Provides for a 10 day limitation for
the employee to file an appeal.
(b) Limits the appeal to denial of allegations,
sufficiency of a charge, and disproportionate discipline as cause
for appeal.
(c) Provides for representation by counsel and
public hearings.
(d) Gives the commission the authority to issue
subpoenas and subpoenas duces tecum.
(e) Provides a format for the employee and
Sheriff to request subpoenas.
(f) Provides for witnesses to be placed under the
rule.
(g) Provides for a fair hearing and a limitation
to evidence submitted at the hearing.
(h) Provides for public record availability at
cost.
Section 158.065. (a) Provides for the commission to make a
determination of just cause.
(b) Provides for the commission to reduce or
reverse a period of suspension, and restore the employee with lost
back wages.
(c) Provides for a penalty for disobeying the
order of the commission.
(d) Limits relevant evidence to the confines of
the notice given to the employee, and restoration of the prevailing
employee.
Section 158.066. (a) Provides for a hearing within 30 days
after the date the employee receives notice of the suspension.
(b) Restricts the Sheriff to his original
statement and prohibits amendment.
(c) Gives the commission the authority to uphold,
amend, or reverse the termination.
(d) Provides for restoration of the employee and
back pay, if applicable.
(e) Limits upholding the suspension or dismissal
to violations of civil service rules and findings of truth.
(f) Gives the commission the authority to hold
the sheriff in contempt.
SECTION 2. This act takes effective September 1, 1995 and applies
only to the suspension of a sheriff's department employee on or
after that date.
SECTION 3. Emergency Clause.
SUMMARY OF COMMITTEE ACTION
HB 2779 was considered by the County Affairs Committee in a public
hearing on 4/5/95. Representative Talton opened. The following
person testified for HB 2779: Lynwood Moreau. Representative Talton
closed. HB 2779 was left pending. HB 2779 was considered by the
County Affairs Committee in a formal meeting on 5/2/95. HB 2779 was
reported favorably with the recommendation that it do pass and be
printed, by the record vote of 7 ayes, 2 nays, 0 pnv, 0 absent.