By Turner of Harris H.B. No. 2684 74R5434 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the removal of a member of the board of a police 1-3 officers' pension system in certain cities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 76, Acts of the 50th Legislature, Regular 1-6 Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), is 1-7 amended by adding Section 4A to read as follows: 1-8 Sec. 4A. REMOVAL OF MEMBER OF BOARD. (a) An elected member 1-9 of the Board may be removed from the Board by a vote of the 1-10 membership of the Pension System at a removal election initiated 1-11 and held as provided by this section or by a vote of five members 1-12 of the Board together with a decision to remove the member made by 1-13 a hearing examiner as provided by this section. 1-14 (b) An appointed member of the Board, other than an 1-15 authorized representative appointed by the administrative head of 1-16 the city, may be removed from the Board by a vote of five members 1-17 of the Board together with a decision to remove the member made by 1-18 a hearing examiner as provided by this section. 1-19 (c) To initiate an election for removal of an elected member 1-20 of the Board under Subsection (a) of this section, a petition for 1-21 removal signed by at least one-third of the members and retired 1-22 members of the Pension System must be filed with the Board not 1-23 later than the 45th day after the date the first signature on the 1-24 petition is obtained. Each signature must be legible and 2-1 accompanied by the signer's home address and telephone number. A 2-2 removal election must be held not later than the 30th day after the 2-3 date the Board certifies that a petition for removal satisfies the 2-4 requirements for a petition under this subsection. The results of 2-5 a removal election are binding only if a majority of the members 2-6 and retired members participate in the election. A member's 2-7 service on the Board ends on the entry of an order by the Board 2-8 declaring that a majority of those voting in the removal election 2-9 voted in favor of removal. 2-10 (d) On the date the Board enters an order under Subsection 2-11 (c) of this section, the Board shall call a special election to be 2-12 held not earlier than the 20th day or later than the 30th day after 2-13 that date to fill the vacancy for the unexpired term of the person 2-14 who was removed. The person who was removed is not eligible to run 2-15 in the special election but is eligible to run in all subsequent 2-16 Board elections. 2-17 (e) Except as otherwise provided by Subsections (a) and (c) 2-18 of this section, a member of the Board must be removed as provided 2-19 by this subsection and Subsections (f) and (g) of this section. 2-20 After an affirmative vote of the Board to remove a member under 2-21 Subsection (a) or (b) of this section, the Board or its designee 2-22 and the member whose removal is proposed shall attempt to agree on 2-23 the selection of an impartial hearing examiner. If the parties do 2-24 not agree on the selection of a hearing examiner not later than the 2-25 10th day after the date the Board votes to remove the member, on 2-26 the next work day the parties involved must request a list of seven 2-27 qualified neutral arbitrators from the American Arbitration 3-1 Association or the Federal Mediation and Conciliation Service or 3-2 another arbitration organization with equally stringent standards. 3-3 The member whose removal is proposed and the Board or their 3-4 designees may agree on one of the seven neutral arbitrators on the 3-5 list. If not later than the 25th day after the date the Board 3-6 first voted to remove the member the parties fail to agree, each 3-7 party or the party's designee shall alternate striking a name from 3-8 the list, and the name remaining is the hearing examiner. The 3-9 member whose removal is proposed or the member's designee is 3-10 entitled to strike the first name. If the 25th day falls on a 3-11 Saturday, Sunday, or a legal holiday, the parties must strike names 3-12 from the list on the next work day. The parties or their designees 3-13 must agree on a date for the hearing that is within the period 3-14 prescribed by Subsection (f). 3-15 (f) The hearing must begin as soon as the hearing examiner 3-16 can be scheduled but not later than the 60th day after the date the 3-17 Board votes to remove the member. In a hearing conducted under 3-18 this subsection, the hearing examiner may issue subpoenas. The 3-19 parties may agree to an expedited hearing procedure. Unless 3-20 otherwise agreed by the parties, in an expedited procedure, the 3-21 hearing examiner must issue a decision not later than the 10th day 3-22 after the date the hearing ends. Unless operating under an 3-23 expedited hearing procedure, the hearing examiner shall make a 3-24 reasonable effort to issue a decision not later than the 30th day 3-25 after the date the hearing ends. The hearing examiner's inability 3-26 to meet the time requirements imposed by this subsection does not 3-27 affect the hearing examiner's jurisdiction or final decision. The 4-1 final decision of the hearing examiner may be either to remove the 4-2 member from the Board or not to remove the member from the Board. 4-3 A decision may be made to remove the member from the Board only if 4-4 it is determined that the member violated Subchapter A, Chapter 4-5 121, Property Code. The hearing examiner's fees and expenses shall 4-6 be paid by the Pension System. The costs of a witness shall be 4-7 paid by the party who calls the witness. 4-8 (g) If the hearing examiner's decision is to remove a 4-9 member, the person removed is entitled to an opportunity to have 4-10 the hearing examiner's decision reviewed. To have the decision 4-11 reviewed, not later than the 30th day after the date of a decision 4-12 under Subsection (f), the person removed must obtain signatures of 4-13 at least one-third of the members and retired members of the 4-14 Pension System requesting an election to overrule the removal 4-15 decision under Subsection (f). If the 30th day is a Saturday, 4-16 Sunday, or legal holiday, the following work day is considered the 4-17 30th day. Each signature must indicate the signing date beside the 4-18 signature, be legible, and be accompanied by the signer's home 4-19 address and telephone number. The Board shall verify the list not 4-20 later than the 10th day after the date the Board receives it. Not 4-21 later than the 30th day after the date the Board has verified the 4-22 signatures, an election among the members and retired members shall 4-23 be held. If a majority of the votes cast at an election in which a 4-24 majority of the members and retired members of the Pension System 4-25 participate favor overruling the hearing examiner's decision, the 4-26 Board member shall be reinstated. If a majority do not vote to 4-27 overrule the decision to remove a member, a replacement election 5-1 must be held not later than the 30th day after the date of the 5-2 preceding election. 5-3 (h) During the period beginning on the date of the Board 5-4 vote to remove a member and ending on the date the member is 5-5 reinstated under this section, the person's privileges as a member 5-6 of the Board, including voting privileges, are suspended. 5-7 SECTION 2. This Act takes effect September 1, 1995. 5-8 SECTION 3. The importance of this legislation and the 5-9 crowded condition of the calendars in both houses create an 5-10 emergency and an imperative public necessity that the 5-11 constitutional rule requiring bills to be read on three several 5-12 days in each house be suspended, and this rule is hereby suspended.