By Ellis S.B. No. 895 74R5763 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to establishing employee grievance procedures for certain 1-3 municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-6 amended by adding Chapter 145 to read as follows: 1-7 CHAPTER 145. EMPLOYEE GRIEVANCE PROCEDURES IN CERTAIN 1-8 MUNICIPALITIES 1-9 Sec. 145.001. APPLICABILITY. This chapter applies only to 1-10 a municipality with a population of 100,000 or more. 1-11 Sec. 145.002. DEFINITIONS. In this chapter: 1-12 (1) "Employee" means an employee of a municipality who 1-13 is not a police officer or firefighter covered by Chapter 143 or 1-14 174. 1-15 (2) "Disciplinary action" means a reprimand, 1-16 suspension, termination, denial of promotion, or similar action 1-17 taken by a municipality against an employee for a violation of a 1-18 municipal rule or procedure. 1-19 (3) "Grievance" means: 1-20 (A) a written complaint by an employee alleging 1-21 a violation, misinterpretation, misapplication, or disparity in the 1-22 application of a specific law, ordinance, resolution, policy, rule, 1-23 or procedure that applies to a municipality or its employees; or 1-24 (B) a written appeal by an employee who is the 2-1 subject of a disciplinary action. 2-2 Sec. 145.003. WRITTEN EMPLOYEE POLICY REQUIRED. (a) A 2-3 municipality shall adopt written rules and procedures that define 2-4 the standards of conduct for employees. 2-5 (b) A municipality may not take disciplinary action against 2-6 an employee unless the action relates to the employee's violation 2-7 of a written rule or procedure adopted under Subsection (a). 2-8 (c) Before taking disciplinary action against an employee, a 2-9 municipality must send the employee written notice of the rule or 2-10 procedure the employee allegedly violated. 2-11 Sec. 145.004. GRIEVANCE PROCEDURE REQUIRED. (a) A 2-12 municipality shall adopt a written grievance procedure to consider 2-13 employee grievances. 2-14 (b) The procedure must: 2-15 (1) establish reasonable time limits for filing a 2-16 grievance; 2-17 (2) provide that the municipality will consider a 2-18 grievance not later than the 90th day after the date an employee 2-19 files the grievance; and 2-20 (3) provide a public hearing before a hearing board 2-21 and allow the employee or the employee's representative to present 2-22 evidence relating to a grievance that involves an appeal of a 2-23 disciplinary action. 2-24 Sec. 145.005. GRIEVANCE HEARING BOARD. (a) A municipality 2-25 shall establish a hearing board to consider employee grievances. 2-26 The board must consist of an even number of members, with half of 2-27 the members chosen by the governing body of the municipality and 3-1 half by the municipality's employees. 3-2 (b) The governing body of the municipality shall appoint 3-3 members to the board. The employees shall elect members to the 3-4 board by a majority vote of the employees who vote on the matter. 3-5 (c) The members of the hearing board shall elect a person as 3-6 a member to serve as presiding officer of the board. The members 3-7 may not elect an employee of the municipality to serve as the 3-8 presiding officer. 3-9 (d) The board may issue a decision by a majority vote of the 3-10 full membership of the hearing board members. The hearing board 3-11 may base its decision only on the evidence presented in a hearing. 3-12 SECTION 2. This Act takes effect September 1, 1995. 3-13 SECTION 3. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.