BILL ANALYSIS
S.B. 270
By: Gallegos
Jurisprudence
2-23-95
Committee Report (Unamended)
BACKGROUND
Harris County deputy sheriffs have had civil service protection for
more than a decade. Harris County deputy constables, who perform
primarily the same job function and are paid from the same
treasury, are "at-will" employees and do not have the same basic
due process rights or career opportunities.
PURPOSE
As proposed, S.B. 270 authorizes the creation and dissolution of a
civil service system by the employees of a constable's offices in
certain counties. Sets forth the procedural guidelines of a civil
service system.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to an office's of the constable civil service commission in SECTION
1 (Sec. 158.065(a), Local Government Code).
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 158, Local Government Code, by adding
Subchapter C, as follows:
SUBCHAPTER C. CONSTABLE'S OFFICE CIVIL SERVICE SYSTEM
Sec. 158.061. APPLICABILITY. Authorizes the employees of a
constable's office in a county with a population of 2.8
million or more, to create a civil service system for that
individual constable's office.
Sec. 158.062. DEFINITIONS. Defines "commission," "employee,"
and "office."
Sec. 158.063. PETITION AND ELECTION. (a) Requires a judge
to order an office election to approve the creation of a civil
service system for the office, if at least 20 percent of the
employees of an eligible office sign and present to the county
judge of the employing county a petition requesting an
election.
(b) Requires the county judge to hold the election after
the 15th day but on or before the 45th day after the date of
petition submission. Requires the election to be by secret
ballot and to entitle each employee to vote at the election.
(c) Sets forth the required language for the ballot.
(d) Requires the county judge to canvass the votes and
declare the result.
Sec. 158.064. APPOINTMENT OF COMMISSION. (a) Requires the
constable, commissioners court, and district attorney, if a
majority of the employees vote to create a civil service
system, to appoint one person to serve as a member of the
civil service commission (commission) that administers the
system. Requires the constable to designate one of the
members as presiding officer of the commission.
(b) Provides that each member of the commission is
appointed for a term of two years and requires one of the
initial members to serve an initial term of one year.
(c) Requires the appointing authority to appoint a person
to serve the unexpired part of the member's term upon a
vacancy.
(d) Sets forth eligibility requirements for appointment to
the commission.
Sec. 158.065. POWERS OF COMMISSION. (a) Requires the
commission to adopt, publish, and enforce rules regarding
certain matters relating to employees.
(b) Requires the commission to adopt or use as a guide any
federal, state, or local civil service law or rule that
promotes the purposes of and is consistent with this
subchapter. Requires the commission's rules to authorize an
affected employee to appeal to the commission and be
notified of a disciplinary action, promotional passover, or
dismissal from office.
Sec. 158.066. COMPENSATION AND STAFF. Requires the members
of the commission to serve without compensation. Requires the
commissioners court to reimburse each member for actual and
necessary expenses incurred in performing the member's duties
and provide the commission with adequate office space and
funds to employ staff and purchase supplies and equipment.
Sec. 158.067. APPEALS TO CONSTABLE. (a) Provides that an
employee who is the subject of a disciplinary action has the
right to appeal that decision to the constable no later than
the 10th day after the date the disciplinary action occurred.
(b) Requires the appeal to the constable to be written and
state the basis for the appeal.
(c) Requires the constable to conduct any investigation or
hearing and issue a written decision on the employee's
appeal during the 10-day period after the date the constable
receives the employee's written appeal.
(d) Grants the employee certain rights, if a hearing is
held.
(e) Authorizes the constable to modify the disciplinary
action if the constable finds that the charges are not
supported by the facts.
Sec. 158.068. COMMISSION APPEAL PROCEDURE. (a) Provides
that the employee need only file a written appeal with the
commission not later than the 10th day after the date of the
constable's written decision.
(b) Requires the appeal to include a description of the
grounds for the appeal and a request for a commission
hearing. Requires the appeal to contain certain
information.
(c) Requires the commission to conduct any investigation
and commence a hearing during the 15-day period after the
date the commission receives the employee's written appeal
and authorizes an extension of the period.
(d) Provides that the affected employee in each proceeding
before the commission is entitled to be represented by
counsel or by another person the employee chooses. Requires
each commission proceeding to be held in public.
(e) Authorizes the commission to administer oaths and issue
subpoenas for the attendance of witnesses and for the
production of documentary material.
(f) Authorizes the affected employee to request the
commission to subpoena any information or witnesses
pertinent to the case. Requires the employee to make the
request before the 10th day before the date the commission
hearing will be held. Requires the commission to make a
written report to the employee stating the reason it will
not subpoena the requested material. Requires this report
to be read into the public record of the commission hearing.
(g) Authorizes witnesses to be placed under the rule at the
commission hearing.
(h) Requires the commission to conduct the hearing fairly
and impartially as prescribed by this subchapter and to
render a just and fair decision in writing not later than
the fifth day after the date the hearing ends. Authorizes
the commission to consider only the evidence submitted at
the hearing.
(i) Authorizes the commission in its decision to affirm or
modify the constable's disciplinary action or grant the
relief and reinstate the employee in the job assignment held
prior to the disciplinary action without loss of
compensation or benefits.
(j) Requires the commission to maintain a public record of
each proceeding with copies available at cost.
Sec. 158.069. APPEAL OF COMMISSION DECISION. (a) Authorizes
an employee who is demoted, suspended, or removed from a
position to appeal the decision by filing a petition in a
district court in the county not later than the 30th day after
the date of the decision.
(b) Provides that an appeal under this section is by trial
de novo, and the judgment of the district court is
appealable as in other civil cases.
(c) Authorizes the district court to order reinstatement of
the employee, back pay, or other appropriate relief if the
court renders judgment for the petitioner.
Sec. 158.070. EX PARTE COMMUNICATIONS. (a) Prohibits a
person from communicating with the commission regarding the
facts of the matter under consideration and pending in a
hearing, unless the other party or the party's representative
is present.
(b) Requires the appeal or review to be dismissed if the
commission or a court determines that a person has violated
Subsection (a) on behalf of and with the knowledge of the
employee who filed the appeal or review request. Requires
the position of the employee who filed the request for a
review to be upheld if the commission or a court determines
that a person violated Subsection (a) on behalf of or in
favor of the constable or the constable's representative.
Sec. 158.071. PROCEDURES AFTER FELONY INDICTMENT OR
MISDEMEANOR COMPLAINT. (a) Authorizes the constable to
temporarily suspend the person with or without pay for a
period not to exceed 30 days after the date of final
disposition of the specified felony indictment or misdemeanor
complaint.
(b) Requires the constable to notify the suspended employee
in writing that the person is being temporarily suspended
for a specific period with or without pay.
(c) Authorizes an employee indicted for a felony or charged
with the commission of a Class A or B misdemeanor to delay
the civil service hearing for no more than 30 days after the
final disposition of the indictment or complaint.
(d) Authorizes an employee whom the constable temporarily
suspends and is found not guilty to appeal to the commission
for recovery of back pay. Authorizes the commission to
award all or part of the back pay or affirm or modify the
decision of the constable.
(e) Provides that acquittal or dismissal of an indictment
or a complaint does not mean that an employee has not
violated a civil service rule and does not negate the
charges brought against the employee by the constable.
(f) Provides that conviction of a felony is cause for
dismissal and conviction of a Class A or B misdemeanor may
be cause for disciplinary action or dismissal.
Sec. 158.072. EXEMPTIONS. (a) Provides that a person who is
an employee of an office on the date that a civil service
system is adopted may not be required to take a competitive
examination or perform any other act to maintain employment.
(b) Authorizes the constable to designate certain positions
as exempt from the civil service system, with an exception.
(c) Authorizes an employee holding an exempt position under
Subsection (b) to be transferred to the nonexempt position
held by the employee immediately before being promoted to an
exempt position, at the time a new constable takes office.
Authorizes a person who was not a deputy constable in the
office when appointed to an exempt position to be
transferred only to an entry level position.
Sec. 158.073. DISSOLUTION OF SYSTEM. (a) Requires the
county judge, after a civil service system has been effect in
an office for at least one year and 20 percent of the
employees of the office petition the county judge to dissolve
the system, to order an election in the office on the question
of dissolution of the civil service system.
(b) Requires the county judge to hold the election after
the 15th day but on or before the 45th day after the
petition submission date. Sets forth required procedures
for the election.
(c) Sets forth the required language for the ballot.
(d) Requires the county judge to canvass the votes and
declare the result.
(e) Requires the county judge to declare the office's civil
service system dissolved if the proposition is approved by
a majority of the employees voting at the election.
Sec. 158.074. EXCLUSIVITY. Provides that a civil service
system created under this subchapter and in effect applies to
the office to the exclusion of a civil service system in that
county created under Subchapter A or another law.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.