By: Brown S.B. No. 1425
A BILL TO BE ENTITLED
AN ACT
1-1 relating to municipal civil service in certain cities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 143.002, Local Government Code, is
1-4 amended to read as follows:
1-5 Sec. 143.002. MUNICIPALITIES COVERED BY CHAPTER. (a) This
1-6 chapter applies only to a municipality:
1-7 (1) that:
1-8 (A) has a population of 10,000 or more;
1-9 (B) has a paid fire department and police
1-10 department; and
1-11 (C) has voted to adopt this chapter and whose
1-12 acts subsequent to that election were validated by the law enacted
1-13 by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1-14 1993.
1-15 (b) This chapter does not apply to a police department in a
1-16 municipality with a population of 1.5 million or more.
1-17 SECTION 2. Sub Title A of Title 5, Local Government Code, is
1-18 amended by adding Chapter 145 to read as follows:
1-19 CHAPTER 145. POLICE DEPARTMENT CIVIL SERVICE IN A
1-20 MUNICIPALITY WITH A POPULATION OF 1.5 MILLION OR MORE.
1-21 SUBCHAPTER A. GENERAL PROVISIONS
1-22 Sec. 145.001. PURPOSE. (a) The purpose of this chapter is
1-23 to secure efficient police departments composed of capable
2-1 personnel who are free from political influence and who have
2-2 permanent employment tenure as public servants.
2-3 (b) The members of the Police Officers' Civil Service
2-4 Commission shall administer this chapter in accordance with this
2-5 purpose.
2-6 Sec. 145.002. APPLICABILITY. This chapter applies to a
2-7 municipality that has:
2-8 (1) a paid police department; and
2-9 (2) a population of 1.5 million or more.
2-10 Sec. 145.003. DEFINITIONS. In this chapter:
2-11 (1) "Commission" means the Police Officers' Civil
2-12 Service Commission.
2-13 (2) "Department head" means the chief or head of the
2-14 police department or that person's equivalent, regardless or the
2-15 name or title used.
2-16 (3) "Director" means the director of police officers'
2-17 civil service.
2-18 (4) "Police officer" means a member of police
2-19 department or other peace officer who was appointed in substantial
2-20 compliance with this chapter or who is entitled to civil service
2-21 status under another provision of this chapter.
2-22 Sec. 145.004. STATUS OF EMPLOYEES WHEN CHAPTER TAKES EFFECT.
2-23 Each police officer serving in a municipality when this chapter
2-24 takes effect and who is entitled to civil service classification
2-25 has the status of a civil service employee and is not required to
3-1 take a competitive examination to remain in the position the person
3-2 occupies.
3-3 Sec. 145.005. IMPLEMENTATION: COMMISSION. (a) When this
3-4 chapter takes effect, the Police Officers' Civil Service Commission
3-5 is established in the municipality. The chief executive of the
3-6 municipality shall appoint the members of the commission within 30
3-7 days after the date this chapter takes effect.
3-8 (b) The commission consists of three members appointed by
3-9 the municipality's chief executive and confirmed by the governing
3-10 body of the municipality. Members serve staggered three-year terms
3-11 with the term of one member expiring each year. If a vacancy
3-12 occurs or if an appointee fails to qualify within 10 days after the
3-13 date of appointment, the chief executive shall appoint a person to
3-14 serve for the remainder of the unexpired term in the same manner as
3-15 the original appointment.
3-16 (c) A person appointed to the commission must:
3-17 (1) be of good moral character;
3-18 (2) be a United States citizen;
3-19 (3) be a resident of the municipality who has resided
3-20 in the municipality for more than three years;
3-21 (4) be over 25 years of age; and
3-22 (5) not have held a public office within the preceding
3-23 three years.
3-24 (d) In making initial appointments, the chief executive
3-25 shall designate one member to serve a one-year term, one member to
4-1 serve a two-year term, and one member to serve a three-year term.
4-2 If a municipality has a civil service commission appointed under
4-3 Section 143.006 immediately before this chapter takes effect in
4-4 that municipality, that civil service commission shall continue as
4-5 the commission established by this section and shall administer the
4-6 civil service system as prescribed by this chapter. As the terms
4-7 of the members of the previously existing commission expire, the
4-8 chief executive shall appoint members as prescribed by this
4-9 section. If necessary to create staggered terms as prescribed by
4-10 this section, the chief executive shall appoint the initial
4-11 members, required to be appointed under this chapter, to serve
4-12 terms of less than three years. If the municipality has a civil
4-13 service commission appointed to administer the fire fighters civil
4-14 service system under Chapter 143, the governing body may elect to
4-15 (e) Initial members shall elect a chairman and a
4-16 vice-chairman within 10 days after the date all members have
4-17 qualified. Each January, the members shall elect a chairman and a
4-18 vice-chairman.
4-19 (f) The governing body of the municipality shall provide to
4-20 the commission adequate and suitable office space in which to
4-21 conduct business.
4-22 (g) The chief executive of a municipality commits an offense
4-23 if the chief executive knowingly or intentionally fails to appoint
4-24 the initial members of the commission within the 30-day period
4-25 prescribed by Subsection (a). An offense under this subsection is
5-1 a misdemeanor punishable by a fine of not less than $100 or more
5-2 than $200. Each day after the 30-day period that the chief
5-3 executive knowingly or intentionally fails to make a required
5-4 appointment constitutes a separate offense.
5-5 (h) The chief executive of a municipality or a municipal
5-6 official commits an offense if the person knowingly or
5-7 intentionally refuses to implement this chapter or attempts to
5-8 obstruct the enforcement of this chapter. An offense under this
5-9 subsection is a misdemeanor punishable by a fine of not less than
5-10 $100 or more than $200.
5-11 Sec. 145.006. REMOVAL OF COMMISSION MEMBER. (a) If at a
5-12 meeting held for that purpose the governing body of the
5-13 municipality finds that a commission member is guilty of misconduct
5-14 in office, the governing body may remove the member. The member
5-15 may request that the meeting be held as an open hearing in
5-16 accordance with the open meetings law, Chapter 271, Acts of the
5-17 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
5-18 Texas Civil Statutes).
5-19 (b) If a commission member is indicted or charged by
5-20 information with a criminal offense involving moral turpitude, the
5-21 member shall be automatically suspended from office until the
5-22 disposition of the charge. Unless the member pleads guilty or is
5-23 found to be guilty, the member shall resume office at the time of
5-24 disposition of the charge.
5-25 (c) The governing body may appoint a substitute commission
6-1 member during a period of suspension. If a member pleads guilty to
6-2 or is found to be guilty of a criminal offense involving moral
6-3 turpitude, the governing body shall appoint a replacement
6-4 commission member to serve the remainder of the disqualified
6-5 member's term of office.
6-6 Sec. 145.007. ADOPTION AND PUBLICATION OF RULES. (a) A
6-7 commission shall adopt rules necessary for the proper conduct of
6-8 commission business.
6-9 (b) The commission may not adopt a rule permitting the
6-10 appointment or employment of a person who is:
6-11 (1) without good moral character;
6-12 (2) physically or mentally unfit; or
6-13 (3) incompetent to discharge the duties of the
6-14 appointment or employment.
6-15 (c) The commission shall adopt rules that prescribe cause
6-16 for removal or suspension of a police officer. The rules must
6-17 comply with the grounds for removal prescribed by Section 145.060.
6-18 (d) The commission shall publish each rule it adopts and
6-19 each classification and seniority list for the police department.
6-20 The rules and lists shall be made available on demand. A rule is
6-21 considered to be adopted and sufficiently published if the
6-22 commission adopts the rule by majority vote and causes the rule to
6-23 be written, typewritten, or printed. Publication in a newspaper is
6-24 not required and the governing body of the municipality is not
6-25 required to act on the rule.
7-1 (e) A rule is not valid and binding on the commission until
7-2 the commission:
7-3 (1) mails a copy of the rule to the commissioner, if
7-4 the municipality has an elected commissioner, and to the department
7-5 head of the police department;
7-6 (2) posts a copy of the rule for a seven-day period at
7-7 a conspicuous place in the central police station; and
7-8 (3) mails a copy of the rule to each branch police
7-9 station.
7-10 (f) The director shall keep copies of all rules for free
7-11 distribution to a member of the police department who request
7-12 copies and for inspection by any interested person.
7-13 Sec. 145.008. COMMISSION INVESTIGATIONS AND INSPECTIONS.
7-14 (a) The commission or a commission member designated by the
7-15 commission may investigate and report on all matters relating to
7-16 the enforcement and effect of this chapter and any rules adopted
7-17 under this chapter and shall determine if the chapter and rules are
7-18 being obeyed.
7-19 (b) During an investigation, the commission or the
7-20 commission member may:
7-21 (1) administer oaths;
7-22 (2) issue subpoenas to compel the attendance of
7-23 witnesses and the production of books, papers, documents, and
7-24 accounts relating to the investigation; and
7-25 (3) cause the deposition of witnesses residing inside
8-1 or outside the state.
8-2 (c) A deposition taken in connection with an investigation
8-3 under this section must be taken in the manner prescribed by law
8-4 for taking a similar deposition in a civil action in federal
8-5 district court.
8-6 (d) An oath administered or a subpoena issued under this
8-7 section has the same force and effect as an oath administered by a
8-8 magistrate in the magistrate's judicial capacity.
8-9 (e) A person who fails to respond to a subpoena issued under
8-10 this section commits an offense punishable as prescribed by Section
8-11 145.015.
8-12 Sec. 145.009. COMMISSION APPEAL PROCEDURE. (a) Except as
8-13 otherwise provided by this chapter, if a police officer wants to
8-14 appeal to the commission from an action for which an appeal or
8-15 review is provided by this chapter, the police officer need only
8-16 file an appeal with the commission within 15 days after the date
8-17 the action occurred.
8-18 (b) The appeal must include the basis for the appeal and a
8-19 request for a commission hearing. The appeal must also contain a
8-20 statement denying the truth of the charge as made, a statement
8-21 taking exception to the legal sufficiency of the charge, a
8-22 statement alleging that the recommended action does not fit the
8-23 offense or alleged offense, or a combination of these statements.
8-24 (c) In an appeal provided by this chapter the commission
8-25 shall render a decision in writing within 60 days after it received
9-1 the notice of appeal, unless the provisions of Section 145.062(d)
9-2 have been invoked by the police officer. If the commission does
9-3 not render a decision in writing within 60 days after the date it
9-4 receives notice of the appeal, the commission shall sustain the
9-5 police officer's appeal.
9-6 (d) On or before the 15th day before the date the appeal
9-7 hearing will be held, the commission shall notify the police
9-8 officer of the date on which the commission will hold the hearing.
9-9 (e) In each hearing, appeal, or review of any kind in which
9-10 the commission performs an adjudicatory function, the affected
9-11 police officer is entitled to be represented by counsel or a person
9-12 the police officer chooses. Each commission proceeding shall be
9-13 held in public.
9-14 (f) The commission may issue subpoenas and subpoenas duces
9-15 tecum for the attendance of witnesses and for the production of
9-16 documentary material.
9-17 (g) The commission may not restrict the police officer's
9-18 ability to subpoena relevant witnesses.
9-19 (h) The affected police officer may request the commission
9-20 to subpoena any books, records, documents, papers, accounts, or
9-21 witnesses that the police officer considers pertinent to the case.
9-22 The police officer must make the request before the 10th day before
9-23 the date the commission hearing will be held. If the commission
9-24 does not subpoena the material, the commission shall, before the
9-25 third day before the date the hearing will be held, make a written
10-1 report to the police officer stating the reason it will not
10-2 subpoena the requested material. This report shall be read into
10-3 the public record of the commission hearing.
10-4 (i) Within three days after the date the police officer
10-5 receives the commission's written refusal to subpoena materials,
10-6 the police officer may request in writing that the commission hold
10-7 a hearing relating to the reasons for that person's subpoena
10-8 request.
10-9 (j) The hearing relating to the reasons for the police
10-10 officer's subpoena request shall be held on the date set for the
10-11 original appeal hearing. If the commission overrules the subpoena
10-12 request at the hearing:
10-13 (1) the commission may hear the police officer's
10-14 appeal on that date; or
10-15 (2) if the commission finds that justice is served by
10-16 a continuance, the commission shall:
10-17 (A) reschedule the hearing to the commission's
10-18 next regularly scheduled meeting; and
10-19 (B) give the police officer 15 days notice of
10-20 that date.
10-21 (k) If the commission sustains the police officer's subpoena
10-22 request at the hearing, the commission shall:
10-23 (1) reschedule the appeal hearing date to the
10-24 commission's next regularly scheduled meeting; and
10-25 (2) give the police officer 15 days notice of that
11-1 date.
11-2 (l) If the commission reschedules a hearing under this
11-3 section in an appeal relating to an indefinite suspension, the
11-4 commission shall render a decision in writing within 60 days after
11-5 the date it receives notice of appeal.
11-6 (m) If the commission does not hold a hearing on the police
11-7 officer's subpoena request as prescribed by this section, the
11-8 commission shall sustain the police officer's appeal.
11-9 (n) Witnesses may be placed under the rule at commission
11-10 hearings.
11-11 (o) The commission shall conduct the hearing fairly and
11-12 impartially as prescribed by this chapter and shall render a just
11-13 and fair decision. The commission may consider only the evidence
11-14 submitted at the hearing.
11-15 (p) The commission shall maintain a public record of each
11-16 proceeding with copies available at cost.
11-17 (q) In any hearing relating to the appeal or review of an
11-18 action of the department head that affects a police officer, the
11-19 department head shall have the burden of proof. The department
11-20 head is required to prove the allegations contained in the written
11-21 statement, and the department head is restricted to the written
11-22 statement and charges, which may not be amended.
11-23 (r) A municipal employee who is subpoenaed to appear in any
11-24 appeal of a disciplinary decision is entitled to applicable pay for
11-25 the time the employee is required to be present at the hearing.
12-1 Witnesses whose testimony relates primarily to the character or
12-2 reputation of the employee shall be limited by the commission if
12-3 the testimony is repetitious or unduly prolongs the hearing. If
12-4 the commission limits the number of character or reputation
12-5 witnesses, additional witness statements may be presented by
12-6 affidavit. The character witnesses are not entitled to applicable
12-7 pay for the time they are required to be present at the hearing.
12-8 Sec. 145.010. DECISIONS AND RECORDS. (a) Each concurring
12-9 commission member shall sign a decision issued by the commission.
12-10 (b) The commission shall keep records of each hearing or
12-11 case that comes before the commission.
12-12 (c) Each rule, opinion, directive, decision, or order issued
12-13 by the commission must be written and constitutes a public record
12-14 that the commission shall retain on file.
12-15 Sec. 145.011. DIRECTOR. (a) On adoption of this chapter,
12-16 the office of Director of Police Officers' Civil Service is
12-17 established in the municipality. The commission shall appoint the
12-18 director. The director shall serve as secretary to the commission
12-19 and perform work incidental to the civil service system as required
12-20 by the commission. The commission may remove the director at any
12-21 time.
12-22 (b) A person appointed as director must meet each
12-23 requirement for appointment to the commission prescribed by Section
12-24 145.005(c).
12-25 (c) A person appointed as director may be a commission
13-1 member, a municipal employee, or some other person.
13-2 (d) The municipality's governing body shall determine the
13-3 salary, if any, to be paid to the director.
13-4 (e) If, immediately before this chapter takes effect in a
13-5 municipality, the municipality has a duly and legally constituted
13-6 director of civil service, regardless of title, that director shall
13-7 continue in office as the director established by this section and
13-8 shall administer the civil service system as prescribed by this
13-9 chapter.
13-10 (f) If, immediately before this chapter takes effect in a
13-11 municipality, the municipality has a duly and legal constituted
13-12 director of civil service, appointed under Chapter 143 of this
13-13 Code, then that director shall continue in office as the director
13-14 established by this section and shall administer the civil service
13-15 system as prescribed by this chapter.
13-16 Sec. 145.012. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.
13-17 (a) Unless elected, each department head is:
13-18 (1) appointed by the municipality's chief executive
13-19 and confirmed by the municipality's governing body; or
13-20 (2) in a municipality having an elected police
13-21 commissioner, appointed by the police commissioner and confirmed by
13-22 the municipality's governing body.
13-23 (b) A person appointed as head of a police department must
13-24 be eligible for certification by the Commission on Law Enforcement
13-25 Officer Standards and Education at the intermediate level or its
14-1 equivalent as determined by that commission and must have served as
14-2 a bona fide law enforcement officer for at least five years.
14-3 (c) Except as provided by Subsection (d), if a person is
14-4 removed from the position of department head, the person shall be
14-5 reinstated in the department and placed in a position with a rank
14-6 not lower than that held by the person immediately before
14-7 appointment as department head. The person retains all rights of
14-8 seniority in the department.
14-9 (d) If a person serving as department head is charged with
14-10 an offense in violation of civil service rules and is dismissed
14-11 from the civil service or discharged from his position as
14-12 department head, the person has the same rights and privileges of a
14-13 hearing before the commission and in the same manner and under the
14-14 same conditions as a classified employee. If the commission finds
14-15 that the charges are untrue or unfounded, the person shall
14-16 immediately be restored to the same classification that the person
14-17 held before appointment as department head. The person has all the
14-18 rights and privileges of the prior position according to seniority
14-19 and shall be paid his full salary for the time of suspension.
14-20 Sec. 145.013. APPOINTMENT OF ASSISTANT CHIEF. (a) The head
14-21 of the police department may appoint a person to a command staff
14-22 position at the rank of assistant chief as prescribed by this
14-23 section.
14-24 (b) The head of the police departments shall establish
14-25 required qualifying criteria for persons appointed to command staff
15-1 positions at the rank of assistance chief. The required qualifying
15-2 criteria must be approved by a vote of two-thirds of the
15-3 municipality's governing body present and voting. The head of the
15-4 police department may not make an appointment until the required
15-5 qualifying criteria are established and approved as prescribed by
15-6 this subsection.
15-7 (c) To be eligible for appointment to a position at the rank
15-8 of assistant chief of a police department, a person must:
15-9 (1) be a member of the classified service;
15-10 (2) have served for at least five years in the
15-11 department as a sworn police officer; and
15-12 (3) meet the additional qualifying criteria
15-13 established and approved as prescribed by Subsection (b).
15-14 (d) If a person appointed under this section is temporarily
15-15 or indefinitely suspended for cause from the appointed position,
15-16 the suspension is subject to the procedures for disciplinary action
15-17 prescribed by this chapter. If a person is indefinitely suspended
15-18 for cause, the person does not have a right to reinstatement to the
15-19 highest rank earned by competitive examination except to the extent
15-20 that the indefinite suspension is reversed or modified by order of
15-21 the commission or a hearing examiner.
15-22 (e) A person occupying a position in the rank of assistant
15-23 chief of the police department on September 1, 1985, may not be
15-24 removed except for cause in accordance with the procedures for
15-25 disciplinary action or demotion prescribed by this chapter.
16-1 (f) A person occupying a position in the rank of assistant
16-2 chief of a police department may voluntarily demote himself to the
16-3 highest rank the person earned by competitive examination.
16-4 (g) A person may remove himself from consideration for
16-5 appointment under this section.
16-6 (h) A person appointed under this section may take any
16-7 promotional examination for which the person would have been
16-8 eligible under this chapter.
16-9 (i) A person appointed under this section is subject to
16-10 confirmation by the municipality's governing body.
16-11 Sec. 145.014. APPEAL OF COMMISSION DECISION TO DISTRICT
16-12 COURT. (a) If a police officer is dissatisfied with any
16-13 commission decision, the police officer may file a petition in
16-14 district court asking that the decision be set aside. The petition
16-15 must be filed within 10 days after the date the final commission
16-16 decision:
16-17 (1) is sent to the police officer by certified mail;
16-18 or
16-19 (2) is personally received by the police officer or by
16-20 that person's designee.
16-21 (b) An appeal under this section is by trial de novo. The
16-22 district court may grant the appropriate legal or equitable relief
16-23 necessary to carry out the purposes of this chapter. The relief
16-24 may include reinstatement or promotion with back pay if an order of
16-25 suspension, dismissal, or demotion is set aside.
17-1 (c) The court may award reasonable attorney's fees to the
17-2 prevailing party and assess court costs against the nonprevailing
17-3 party.
17-4 (d) If the court finds for the police officer, the court
17-5 shall order the municipality to pay lost wages to the police
17-6 officer.
17-7 (e) Each appeal of an indefinite suspension to a district
17-8 court shall be advanced on the district court docket and given a
17-9 preference setting over all other cases.
17-10 Sec. 145.015. PENALTY FOR VIOLATION OF CHAPTER. (a) A
17-11 person commits an offense if they violate this chapter.
17-12 (b) An offense under this section or Section 145.008 is a
17-13 misdemeanor punishable by a fine of not less than $10 or more than
17-14 $100, confinement in the county jail for not more than 30 days, or
17-15 both fine and confinement.
17-16 SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
17-17 Sec. 145.025. CLASSIFICATION; EXAMINATION REQUIREMENT.
17-18 (a) The commission shall provide for the classification of all
17-19 police officers. The municipality's governing body shall establish
17-20 the classifications by ordinance. The governing body by ordinance
17-21 shall prescribe the number of positions in each classification.
17-22 (b) Except for the department head and a person the
17-23 department head appoints in accordance with Section 145.013, each
17-24 police officer is classified as prescribed by this subchapter and
17-25 has civil service protection. The failure of the governing body to
18-1 establish a position by ordinance does not result in the loss of
18-2 civil service benefits by a person entitled to civil service
18-3 protection or appointed to the position in substantial compliance
18-4 with this chapter.
18-5 (c) Except as provided by Sections 145.012 and 145.013, an
18-6 existing position or classification or a position or classification
18-7 created in the future either by name or by increase in salary may
18-8 be filled only from an eligibility list that results from an
18-9 examination held in accordance with this chapter.
18-10 Sec. 145.026. PHYSICAL REQUIREMENTS AND EXAMINATIONS.
18-11 (a) The commission shall set the age and physical requirements for
18-12 applicants for beginning and promotional positions in accordance
18-13 with this chapter. The requirements must be the same for all
18-14 applicants.
18-15 (b) The commission shall require each applicant for a
18-16 beginning or a promotional position to take an appropriate physical
18-17 examination. The commission may require each applicant for a
18-18 beginning position to take a mental examination. The examination
18-19 shall be administered by a physician, psychiatrist, or
18-20 psychologist, as appropriate, appointed by the commission. The
18-21 municipality shall pay for each examination.
18-22 (c) If an applicant is rejected by the physician,
18-23 psychiatrist, or psychologist, as appropriate, the applicant may
18-24 request another examination by a board of three physicians,
18-25 psychiatrists, or psychologists, as appropriate, appointed by the
19-1 commission. The applicant must pay for the board examination. The
19-2 board's decision is final.
19-3 Sec. 143.027. ELIGIBILITY FOR BEGINNING POSITION. (a) A
19-4 person may not take an entrance examination for a beginning
19-5 position in the police department unless the person:
19-6 (1) is able to read and write English;
19-7 (2) will be at least 21 years of age at the end of the
19-8 probationary period;
19-9 (3) has served in the United States armed forces and
19-10 received an honorable discharge or has earned at least 60 hours'
19-11 credit in any area of study at an accredited college or university.
19-12 (b) A person who is 45 years of age or older may not be
19-13 certified for a beginning position in a police department. A
19-14 person who is 36 years of age or older and under 45 may not be
19-15 certified as eligible for a beginning position in a police
19-16 department unless the person has at least five years' experience as
19-17 a peace officer or at least five years of military experience.
19-18 (c) An applicant may not be certified as eligible for a
19-19 beginning position with a police department unless the applicant
19-20 meets all legal requirements necessary to become eligible for
19-21 future licensing by the Commission on Law Enforcement Officer
19-22 Standards and Education.
19-23 Sec. 145.028. ENTRANCE EXAMINATION NOTICE. (a) Before the
19-24 10th day before the date an entrance examination is held, the
19-25 commission shall cause a notice of the examination to be posted in
20-1 plain view on a bulletin board located in the main lobby of the
20-2 city hall and in the commission's office. The notice must show the
20-3 position to be filled or for which the examination is to be held,
20-4 and the date, time, and place of the examination.
20-5 (b) The notice required by Subsection (a) must also state
20-6 the period during which the eligibility list created as a result of
20-7 the examination will be effective.
20-8 Sec. 145.029. ENTRANCE EXAMINATIONS. (a) The commission
20-9 shall provide for open, competitive, and free entrance examinations
20-10 to provide eligibility lists for beginning positions in the police
20-11 department. The examinations are open to each person who makes a
20-12 proper application and meets the requirements prescribed by this
20-13 chapter.
20-14 (b) An eligibility list for a beginning position in the
20-15 police department may be created only as a result of a competitive
20-16 examination held in the presence of each applicant for the
20-17 position. The examination must be based on the person's knowledge
20-18 of and qualifications for police work and work in the police
20-19 department and must inquire into the applicant's general education
20-20 and mental ability. A person may not be appointed to the police
20-21 department except as a result of the examination.
20-22 (c) An applicant may not take an examination unless at least
20-23 one other applicant taking the examination is present.
20-24 (d) An additional five points shall be added to the
20-25 examination grade of an applicant who served in the United States
21-1 armed forces, received an honorable discharge, and made a passing
21-2 grade on the examination.
21-3 (e) An applicant may not take the examination for a
21-4 particular eligibility list more than once.
21-5 (f) The commission shall keep each eligibility list for a
21-6 beginning position in effect for a period of not less than six
21-7 months or more than 12 months, unless the names of all applicants
21-8 on the list have been referred to the police department. The
21-9 commission shall determine the length of the period. The
21-10 commission shall give new examinations at times the commission
21-11 considers necessary to provide required staffing for scheduled
21-12 police training academies.
21-13 (g) The grade to be placed on the eligibility list for each
21-14 applicant shall be computed by adding an applicant's points under
21-15 Subsection (e), if any, to the applicant's grade on the written
21-16 examination. Each applicant's grade on the written examination is
21-17 based on a maximum grade of 100 percent and is determined entirely
21-18 by the correctness of the applicant's answers to the questions.
21-19 The minimum passing grade on the examination is 70 percent. An
21-20 applicant must pass the examination to be placed on an eligibility
21-21 list.
21-22 Sec. 145.030. PROCEDURE FOR FILLING BEGINNING POSITIONS.
21-23 (a) When a vacancy occurs in a beginning position in a police
21-24 department, the department head shall request in writing from the
21-25 commission the names of suitable person from the eligibility list.
22-1 The director shall certify to the municipality's chief executive
22-2 the names of the three persons having the highest grades on the
22-3 eligibility list.
22-4 (b) From the three names certified, the chief executive
22-5 shall appoint the person having the highest grade unless there is a
22-6 valid reason why the person having the second or third highest
22-7 grade should be appointed.
22-8 (c) If the chief executive does not appoint the person
22-9 having the highest grade, the chief executive shall clearly set
22-10 forth in writing the good and sufficient reason why the person
22-11 having the highest grade was not appointed.
22-12 (d) The reason required by Subsection (c) shall be filed
22-13 with the commission and a copy provided to the person having the
22-14 highest grade. If the chief executive appoints the person having
22-15 the third highest grade, a copy of the report shall also be
22-16 furnished to the person having the second highest grade.
22-17 Sec. 145.031. PROBATIONARY PERIOD. (a) A person appointed
22-18 to a beginning position in the police department must serve a
22-19 probationary period of one year beginning on that person's date of
22-20 employment as a police officer or academy trainee.
22-21 (b) During a police officer's probationary period, the
22-22 department head shall discharge the person and remove the person
22-23 from the payroll if the person's appointment was not regular or was
22-24 not made in accordance with this chapter or the commission rules.
22-25 (c) During a police officer's probationary period, the
23-1 person may not be prohibited from joining or required to join an
23-2 employee organization. Joining or not joining an employee
23-3 organization is not a ground for retaining or not retaining a
23-4 police officer serving a probationary period.
23-5 (d) A police officer who was appointed in substantial
23-6 compliance with this chapter and who serves the entire probationary
23-7 period automatically becomes a full-fledged civil service employee
23-8 and has full civil service protection.
23-9 Sec. 143.032. ELIGIBILITY FOR PROMOTION. (a) Except as
23-10 provided by Section 145.013, a police officer is not eligible for
23-11 promotion unless the person has served in the police department in
23-12 the next lower position or other positions specified by the
23-13 commission for at least two years immediately before the date the
23-14 promotional examination is held. A police officer is not eligible
23-15 for promotion to the rank of captain or its equivalent unless the
23-16 person has at least four years' actual service in the police
23-17 department. Each promotional examination is open to each police
23-18 officer who for at least two years immediately before the
23-19 examination date has continuously held a position in the
23-20 classification that is immediately below, in salary, the
23-21 classification for which the examination is to be held.
23-22 (c) If a person is recalled on active military duty for not
23-23 more than 24 months, the two-year service requirements prescribed
23-24 by Subsections (a) and (b) do not apply and the person is entitled
23-25 to have time spent on active military duty considered as duty in
24-1 the police department. If the active military duty exceeds 12
24-2 months, the person on return must serve in the department for 90
24-3 days before the person is eligible to participate in a promotional
24-4 examination. This time is considered necessary to bring the person
24-5 up to date on equipment and techniques.
24-6 (d) If the department has adopted a classification plan that
24-7 classifies positions on the basis of similarity in duties and
24-8 responsibilities, each promotional examination is open to each
24-9 police officer who has continuously held for at least two years
24-10 immediately before the examination date a position at the next
24-11 lower pay grade, if it exists, in the classification for which the
24-12 examination is to be held.
24-13 (e) If there are not sufficient police officers in the next
24-14 lower position with two years' service in that position to provide
24-15 an adequate number of persons to take the examination, the
24-16 commission shall open the examination to persons in that position
24-17 with less than two years' service. If there is still an
24-18 insufficient number, the commission may open the examination to
24-19 persons in the second lower position, in salary, to the position
24-20 for which the examination is to be held.
24-21 Sec. 145.033. PROMOTIONAL EXAMINATION NOTICE. (a) Before
24-22 the 90th day before the date a promotional examination is held, the
24-23 commission shall post a notice that lists the sources from which
24-24 the examination questions will be taken.
24-25 (b) Before the 30th day before the date a promotional
25-1 examination is held, the commission shall post a notice of the
25-2 examination plain view on a bulletin board located in the main
25-3 lobby of the city hall and in the commission's office. The notice
25-4 must show the position to be filled or for which the examination is
25-5 to be held, the number of newly created positions in that position,
25-6 and the date, time, and place of the examination. The commission
25-7 shall also furnish sufficient copies of the notice for posting in
25-8 the stations or subdepartments in which the position will be
25-9 filled.
25-10 (c) The notice required by Subsection (b) may also include
25-11 the name of each source used for the examination, the number of
25-12 questions taken from each source, and the chapter used in each
25-13 source.
25-14 Sec. 145.034. PROMOTIONAL EXAMINATION PROCEDURE. (a) The
25-15 commission shall adopt rules governing promotions and shall hold
25-16 promotional examinations to provide eligibility lists for each
25-17 classification in the police department. Unless a different
25-18 procedure is adopted under an alternate promotional system as
25-19 provided by Section 145.037, the examinations shall be held
25-20 substantially as prescribed by this section.
25-21 (b) Each eligible promotional candidate shall be given an
25-22 identical examination in the presence of the other eligible
25-23 promotional candidates.
25-24 (c) The examination must be entirely in writing and may not
25-25 in any part consist of an oral interview.
26-1 (d) The examination questions must test the knowledge of the
26-2 eligible promotional candidates about information and facts and
26-3 must be based on:
26-4 (1) the duties of the position for which the
26-5 examination is held;
26-6 (2) material that is of reasonably current publication
26-7 and that has been made reasonably available to each member of the
26-8 fire or police department involved in the examination; and
26-9 (3) any study course given by the departmental schools
26-10 of instruction.
26-11 (e) The examination questions must be taken from the sources
26-12 posted as prescribed by Section 145.033(a). Police officers may
26-13 suggest source materials for the examinations.
26-14 (f) The examination questions must be prepared and composed
26-15 so that the grading of the examination can be promptly completed
26-16 immediately after the examination is over.
26-17 (g) The director is responsible for the preparation and
26-18 security of each promotional examination. The fairness of the
26-19 competitive promotional examination is the responsibility of the
26-20 commission, the director, and each municipal employee involved in
26-21 the preparation or administration of the examination.
26-22 (h) A person commits an offense if the person knowingly or
26-23 intentionally:
26-24 (1) reveals a part of a promotional examination to an
26-25 unauthorized person; or
27-1 (2) receives from an authorized or unauthorized person
27-2 a part of a promotional examination for unfair personal gain or
27-3 advantage.
27-4 (i) An offense under Subsection (h) is a misdemeanor
27-5 punishable by a fine of not less than $1,000, confinement in the
27-6 county jail for not more than one year, or both the fine and the
27-7 confinement.
27-8 Sec. 145.035. PROMOTIONAL EXAMINATION GRADES. (a) The
27-9 grading of each promotional examination shall begin when one
27-10 eligible promotional candidate completes the examination. As the
27-11 eligible promotional candidates finish the examination, the
27-12 examinations shall be graded at the examination location and in the
27-13 presence of any candidate who wants to remain during the grading.
27-14 (b) Each police officer is entitled to receive one point for
27-15 each year of seniority as a classified police officer in the
27-16 department, with a maximum of 10 points.
27-17 (c) Unless a different procedure is adopted under an
27-18 alternate promotional system as provided by Section 145.037, the
27-19 grade that must be placed on the eligibility list for each police
27-20 officer shall be computed by adding the applicant's points for
27-21 seniority to the applicant's grade on the written examination.
27-22 Each applicant's grade on the written examination is based on a
27-23 maximum grade of 100 points and is determined entirely by the
27-24 correctness of the applicant's answers to the questions. Each
27-25 eligible promotional candidate from the police department who
28-1 receives a grade of at least 70 points on a promotional examination
28-2 is considered to have passed that examination.
28-3 (d) Within 24 hours after a promotional examination is held,
28-4 the commission shall post the individual raw test scores on a
28-5 bulletin board located in the main lobby of the city hall.
28-6 Sec. 145.036. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
28-7 (a) On request, each eligible promotional candidate from the
28-8 police department is entitled to examine the person's promotional
28-9 examination and answers, the examination grading, and the source
28-10 material for the examination. If dissatisfied, the candidate may
28-11 appeal, within five business days, to the commission for review in
28-12 accordance with this chapter. In computing this period, a
28-13 Saturday, Sunday, or legal holiday is not considered a business
28-14 day.
28-15 (b) The eligible promotional candidate may not remove the
28-16 examination or copy a question used in the examination.
28-17 Sec. 145.037. ALTERNATE PROMOTIONAL SYSTEM. (a) This
28-18 section does not apply to a municipality that has adopted The Fire
28-19 and Police Employee Relations Act (Article 5154c-1, Vernon's Texas
28-20 Civil Statutes).
28-21 (b) On the recommendation of the head of the police
28-22 department and a majority vote of the sworn police officers in the
28-23 department, the commission may adopt an alternate promotional
28-24 system to select persons to occupy nonentry level positions other
28-25 than positions that are filled by appointment by the department
29-1 head. The promotional system must comply with the requirements
29-2 prescribed by this section.
29-3 (c) The commission shall order the director to conduct an
29-4 election and to submit the revised promotional system either to all
29-5 sworn police officers within the rank immediately below the
29-6 classification for which the promotional examination is to be
29-7 administered or to all sworn police officers in the department.
29-8 (d) The director shall hold the election on or after the
29-9 30th day after the date notice of the election is posted at the
29-10 department. The election shall be conducted throughout each
29-11 regular work shift at an accessible location within the department
29-12 during a 24-hour period.
29-13 (e) The ballot shall contain the specific amendment to the
29-14 promotional procedure. Each sworn police officer shall be given
29-15 the opportunity to vote by secret ballot "for" or "against" the
29-16 amendment.
29-17 (f) The revised promotional system must be approved by a
29-18 majority vote of the sworn police officers voting. A defeated
29-19 promotional system amendment may not be placed on a ballot for a
29-20 vote by the sworn police officers for at least 12 months after the
29-21 date the prior election was held, but this provision does not apply
29-22 if the head of the department recommends a different proposal to
29-23 the commission.
29-24 (g) The commission shall canvass the votes within 30 days
29-25 after the date the election is held. An appeal alleging election
30-1 irregularity must be filed with the commission within five working
30-2 days after the date the election closes. If approved by the sworn
30-3 police officers, the promotional system amendment becomes effective
30-4 after all election disputes have been ruled on and the election
30-5 votes have been canvassed by the commission.
30-6 (h) At any time after an alternate promotional system has
30-7 been adopted under this section and has been in effect for at least
30-8 180 days, the department head may petition the commission to
30-9 terminate the alternate system, and the commission shall terminate
30-10 the alternate system.
30-11 (i) At any time after an alternate promotional system has
30-12 been adopted under this section and has been in effect for at least
30-13 180 days, a petition signed by at least 35 percent of the sworn
30-14 police officers may be submitted to the commission asking that the
30-15 alternate promotional system be reconsidered. If a petition is
30-16 submitted, the commission shall, within 60 days after the date the
30-17 petition is filed, hold an election as prescribed by this section.
30-18 If a majority of those voting vote to terminate, the commission
30-19 shall terminate the alternate promotional system.
30-20 (j) If the alternate system is terminated, an additional
30-21 list may not be created under the alternate system.
30-22 (k) A promotional list may not be created if an election
30-23 under this section is pending. An existing eligibility list,
30-24 whether created under the system prescribed by this chapter or
30-25 created under an alternate system adopted under this section, may
31-1 not be terminated before or extended beyond its expiration date. A
31-2 person promoted under an alternate system has the same rights and
31-3 the same status as a person promoted under this chapter even if the
31-4 alternate system is later terminated.
31-5 Sec. 143.038. PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS.
31-6 (a) When a vacancy occurs in a nonentry position that is not
31-7 appointed by the department head as provided by Section 145.013,
31-8 the vacancy shall be filled as prescribed by this section.
31-9 (b) If an eligibility list for the position to be filled
31-10 exists on the date the vacancy occurs, the director, on request by
31-11 the department head, shall certify to the department head the names
31-12 of the three persons having the highest grades on that eligibility
31-13 list. The commission shall certify the names within 10 days after
31-14 the date the commission is notified of the vacancy. If fewer than
31-15 three names remain on the eligibility list or if only one or two
31-16 eligible promotional candidates passed the promotional examination,
31-17 each name on the list must be submitted to the department head.
31-18 (d) If an eligibility list does not exist on the date a
31-19 vacancy occurs or a new position is created, the commission shall
31-20 hold an examination to create a new eligibility list within 90 days
31-21 after the date the vacancy occurs or a new position is created.
31-22 (e) If an eligibility list exists on the date a vacancy
31-23 occurs, the vacancy shall be filled by permanent appointment from
31-24 the eligibility list furnished by the commission within 60 days
31-25 after the date the vacancy occurs. If an eligibility list does not
32-1 exist, the vacancy shall be filled within 95 days after the date
32-2 the vacancy occurs from an eligibility list that the commission
32-3 shall provide within 90 days after the date the vacancy occurs.
32-4 (f) Unless the department head has a valid reason for not
32-5 appointing the person, the department head shall appoint the
32-6 eligible promotional candidate having the highest grade on the
32-7 eligibility list. If the department head has a valid reason for
32-8 not appointing the eligible promotional candidate having the
32-9 highest grade, the department head shall personally discuss the
32-10 reason with the person being bypassed before appointing another
32-11 person. The department head shall also file the reason in writing
32-12 with the commission. On application of the bypassed eligible
32-13 promotional candidate, the reason the department head did not
32-14 appoint that person is subject to review by the commission.
32-15 (g) If a person is bypassed, the person's name is returned
32-16 to its place on the eligibility list and shall be resubmitted to
32-17 the department head if a vacancy occurs. If the department head
32-18 refuses three times to appoint a person, files the reasons for the
32-19 refusals in writing with the commission, and the commission does
32-20 not set aside the refusals, the person's name shall be removed from
32-21 the eligibility list.
32-22 (h) Each promotional eligibility list remains in existence
32-23 for one year after the date on which the written examination is
32-24 given, unless exhausted. At the expiration of the one-year period,
32-25 the eligibility list expires and a new examination may be held.
33-1 Sec. 145.039. RECORD OF CERTIFICATION AND APPOINTMENT.
33-2 (a) When a person is certified and appointed to a position in the
33-3 police department, the director shall forward the appointed
33-4 person's record to the proper department head. The director shall
33-5 also forward a copy of the record to the chief executive and shall
33-6 retain a copy in the civil service files.
33-7 (b) The record must contain:
33-8 (1) the date notice of examination for the position
33-9 was posted;
33-10 (2) the date on which the appointed person took the
33-11 examination;
33-12 (3) the name of each person who conducted the
33-13 examination;
33-14 (4) the relative position of the appointed person on
33-15 the eligibility list;
33-16 (5) the date the appointed person took the physical
33-17 examination, the name of the examining physician, and whether the
33-18 person was accepted or rejected;
33-19 (6) the date the request to fill the vacancy was made;
33-20 (7) the date the appointed person was notified to
33-21 report for duty; and
33-22 (8) the date the appointed person's pay is to start.
33-23 (c) If the director intentionally fails to comply with this
33-24 section, the commission shall immediately remove the director from
33-25 office.
34-1 (d) The director's failure to comply with this section does
34-2 not affect the civil service status of an employee.
34-3 Sec. 145.040. EXAMINATION PROCEDURE. The commission shall
34-4 adopt rules to standardize the procedures for entrance and
34-5 promotional examinations. The rules must provide:
34-6 (1) that each applicant have adequate space in which
34-7 to take the examination;
34-8 (2) that each applicant be provided with a desk;
34-9 (3) that the room in which the examination is held
34-10 have a public address system; and
34-11 (4) the maximum number of times an applicant may leave
34-12 the room during the examination and the procedure each applicant
34-13 must follow when leaving or entering the room during the
34-14 examination.
34-15 Sec. 145.041. DETERMINATION OF PHYSICAL AND MENTAL FITNESS.
34-16 (a) This section provides the exclusive procedure for determining
34-17 whether a police officer is sufficiently physically or mentally fit
34-18 to continue the person's duties or assignment.
34-19 (b) On receiving a written order by the department head, a
34-20 police officer shall submit to the commission a report from the
34-21 person's personal physician, psychiatrist, or psychologist, as
34-22 appropriate.
34-23 (c) If the commission, the department head, or the police
34-24 officer questions the report, the commission shall appoint a
34-25 physician, psychiatrist, or psychologist, as appropriate, to
35-1 examine the police officer and to submit a report to the
35-2 commission, the department head, and the person.
35-3 (d) If the report of the appointed physician, psychiatrist,
35-4 or psychologist, as appropriate, disagrees with the report of the
35-5 police officer's personal physician, psychiatrist, or psychologist,
35-6 as appropriate, the commission shall appoint an independent
35-7 three-member board composed of a physician, a psychiatrist, and a
35-8 psychologist or any combination, as appropriate, to examine the
35-9 police officer. The board shall submit to the commission a written
35-10 report of its finding regarding whether the police officer is
35-11 sufficiently physically or mentally fit to continue the person's
35-12 duties or assignment. The commission, at its next regularly
35-13 scheduled meeting after the date it receives the report of the
35-14 board, shall determine whether the police officer is sufficiently
35-15 physically or mentally fit to continue the person's duties or
35-16 assignment. The commission shall base its determination
35-17 exclusively on the report of the board.
35-18 (e) The police officer shall pay the cost of the services of
35-19 the person's personal physician, psychiatrist, or psychologist, as
35-20 appropriate. The municipality shall pay all other costs.
35-21 (f) The commission may not appoint a person to serve on a
35-22 board appointed under Subsection (d) if the person receives any
35-23 compensation from the municipality, other than compensation for the
35-24 person's services as a board member.
35-25 Sec. 145.042. SPECIALIZED POLICE DIVISIONS. (a) A peace
36-1 officer employed by a municipal department in which the peace
36-2 officer performs duties in a specialized police division, including
36-3 a person employed as a park police officer, airport police officer,
36-4 or municipal marshal, is entitled to civil service status under
36-5 this chapter. The governing body of the municipality employing a
36-6 peace officer in a specialized police division shall classify the
36-7 officer in accordance with Section 145.025 and the duties performed
36-8 by the peace officer.
36-9 (b) A peace officer who is employed in a specialized police
36-10 division is eligible for promotion within the officer's respective
36-11 class. A member of a particular class is not eligible for
36-12 promotion to a position outside that class, and lateral crossover
36-13 by promotion by a member of one class to another class is
36-14 prohibited. If a member of one class wants to change classes, the
36-15 member must qualify and enter the new class at the lowest entry
36-16 level of that class. The head of the police department, assistant
36-17 chiefs of police, and deputy chiefs of police, or their equivalent,
36-18 regardless of name or title, may exercise the full sanctions,
36-19 powers, and duties of their respective offices in the supervision,
36-20 management, and control of the members of those classes.
36-21 (c) Each applicable provision of this chapter, including the
36-22 provisions relating to eligibility lists, examinations, promotions,
36-23 appointments, educational incentive pay, longevity or seniority
36-24 pay, certification pay, assignment pay, salary, vacation leave, and
36-25 disciplinary appeals, applies to a peace officer employed by the
37-1 municipality in a specialized police division as provided by this
37-2 section.
37-3 Sec. 145.043. CROSSOVER PROMOTIONS. (a) In this section:
37-4 (1) "Communications class" includes each person who
37-5 performs the technical operation of police radio communications.
37-6 (2) "Technical class" includes each person who
37-7 performs criminal laboratory analysis and interpretations or the
37-8 technical aspects of criminal identification and photography.
37-9 (b) Each person employed by the police department who is a
37-10 member of the technical or communications class is eligible for a
37-11 promotion within that class.
37-12 (c) A member of the technical, communications, or uniformed
37-13 and detective class is not eligible for promotion to a position
37-14 outside that class, and lateral crossover by promotion is
37-15 prohibited. A person may change classes only by qualifying for and
37-16 entering the new class at the lowest entry level of that class.
37-17 (d) The department head, assistant chiefs, and deputy
37-18 chiefs, or their equivalent, regardless of name or title, may
37-19 exercise the full sanctions, powers, and duties of their respective
37-20 offices in the supervision, management, and control of the members
37-21 of the technical, communications, and uniformed and detective
37-22 classes.
37-23 (e) Each provision of this chapter relating to eligibility
37-24 lists, examinations, appointments, and promotions applies to the
37-25 appointment or promotion of members of the technical,
38-1 communications, and uniformed and detective classes within the
38-2 members' respective class.
38-3 Sec. 145.044. PROBATIONARY PERIOD AFTER REAPPOINTMENT.
38-4 (a) A person who ends service with the police department for any
38-5 reason and is later reappointed to the department must serve a
38-6 probationary period of six months from the date of reappointment.
38-7 (b) The reappointed officer is not entitled to full civil
38-8 service protection until the officer has served the full
38-9 probationary period.
38-10 (d) In determining classification, pay status, and
38-11 eligibility for promotion, the probationary period is counted as if
38-12 the reappointed officer were not on probation.
38-13 SUBCHAPTER C. COMPENSATION
38-14 Sec. 145.050. SALARY. (a) Except as provided by Section
38-15 145.046, all police officers in the same classification are
38-16 entitled to the same base salary.
38-17 (b) In addition to the base salary, each police officer is
38-18 entitled to each of the following types of pay, if applicable:
38-19 (1) longevity pay;
38-20 (2) seniority pay;
38-21 (3) educational incentive pay as authorized by Section
38-22 145.049;
38-23 (4) assignment pay as authorized by Section 145.050;
38-24 and
38-25 (5) shift differential pay as authorized by Section
39-1 145.048.
39-2 Sec. 145.051. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
39-3 (a) The department head may designate a person from the next lower
39-4 classification to temporarily fill a position in a higher
39-5 classification. The designated person is entitled to the base
39-6 salary of the higher position plus the person's own longevity pay
39-7 during the time the person performs the duties. Any person who is
39-8 required to act in a position of higher classification in an
39-9 emergency situation shall be paid the base salary of the higher
39-10 position plus the person's own longevity pay for the entire shift
39-11 without respect to whether an emergency occurs on any particular
39-12 shift of duty.
39-13 (b) The temporary performance of the duties of a higher
39-14 position by a person who has not been promoted as prescribed by
39-15 this chapter may not be construed as a promotion of the person.
39-16 Sec. 145.052. FIELD TRAINING OFFICER ASSIGNMENT PAY.
39-17 (a) In this section, "field training officer" means a member of
39-18 the police department who is assigned to and performs the duties
39-19 and responsibilities of the field training officers program.
39-20 (b) The governing body of a municipality may authorize
39-21 assignment pay for field training officers. The assignment pay is
39-22 in an amount and is payable under conditions set by ordinance and
39-23 is in addition to the regular pay received by members of the police
39-24 department.
39-25 (c) The department head is not eligible for the assignment
40-1 pay authorized by this section.
40-2 Sec. 145.053. SHIFT DIFFERENTIAL PAY. (a) The governing
40-3 body of a municipality may authorize shift differential pay for
40-4 police officers who work a shift in which more than 50 percent of
40-5 the time worked is after 6 p.m. and before 6 a.m.
40-6 (b) The shift differential pay is in an amount and is
40-7 payable under conditions set by ordinance and is in addition to the
40-8 regular pay received by members of the police department.
40-9 Sec. 145.054. EDUCATIONAL INCENTIVE PAY. (a) In this
40-10 section:
40-11 (1) "Accredited college or university" means a college
40-12 or university that is:
40-13 (A) accredited by a nationally recognized
40-14 accrediting agency and by the state board of education in the state
40-15 in which the college or university is located; and
40-16 (B) approved or certified by the Texas
40-17 Commission on Law Enforcement Officer Standards and Education as
40-18 teaching the core curriculum or its equivalent in law enforcement.
40-19 (2) "Core curriculum in law enforcement" means those
40-20 courses in law enforcement education approved by the Coordinating
40-21 Board, Texas College and University System, and the Texas
40-22 Commission on Law Enforcement Officer Standards and Education.
40-23 (b) The governing body of a municipality may authorize
40-24 educational incentive pay for each police officer within each
40-25 classification who has successfully completed courses at an
41-1 accredited college or university that are applicable toward a
41-2 degree in law enforcement--police science and include the core
41-3 curriculum in law enforcement.
41-4 (c) The educational incentive pay is in addition to the
41-5 regular pay received by a police officer.
41-6 Sec. 145.055. ASSIGNMENT PAY. (a) In this section:
41-7 (1) "Bilingual personnel" means a member of the police
41-8 department who in the performance of the member's duties is capable
41-9 of effectively translating orally a language other than English
41-10 into English, and when necessary, effectively translating the
41-11 language into written English.
41-12 (2) "Bomb squad personnel" means a member of the
41-13 police department who is assigned to the bomb squad and
41-14 participates in the detection, handling, or disarming of explosive
41-15 devices or materials.
41-16 (3) "Helicopter personnel" means a member of the
41-17 police department who pilots a helicopter or rides as an observer
41-18 in a helicopter.
41-19 (4) "Special weapons and tactics personnel" means a
41-20 member of the police department who is assigned to and performs the
41-21 duties and responsibilities of the special weapons and tactics
41-22 squad.
41-23 (5) "Motorcycle personnel" means a member of the
41-24 police department who is assigned to and performs the duties of the
41-25 motorcycle patrol detail.
42-1 (6) "Dive team personnel" means a member of the police
42-2 department who is assigned to and performs underwater search and
42-3 rescue work.
42-4 (b) The municipality's governing body may authorize
42-5 assignment pay for bilingual personnel performing specialized
42-6 functions as interpreters or translators in the police department.
42-7 The assignment pay is in an amount and is payable under conditions
42-8 set by ordinance and is in addition to the regular pay received by
42-9 members of the police department. If the ordinance applies equally
42-10 to each person who meets the criteria established by the ordinance,
42-11 the ordinance may provide for payment to each police officer who
42-12 meets testing or other certification criteria for an assignment, or
42-13 the ordinance may set criteria that will determine the foreign
42-14 languages in which a person must be fluent or other criteria for
42-15 eligibility. The ordinance may provide for different rates of pay
42-16 according to a person's capability and may allow more pay to those
42-17 persons who are capable of translating orally and into written
42-18 English. The head of the police departments is not eligible for
42-19 the assignment pay authorized by this subsection.
42-20 (c) The municipality's governing body may authorize
42-21 assignment pay for helicopter personnel, bomb squad personnel,
42-22 special weapons and tactics personnel, motorcycle personnel, and
42-23 dive team personnel. The assignment pay is in an amount and is
42-24 payable under conditions set by ordinance and is in addition to the
42-25 regular pay received by members of the police department. The head
43-1 of the police department is not eligible for the assignment pay
43-2 authorized by this section.
43-3 Sec. 145.056. ACCUMULATION AND PAYMENT OF SICK LEAVE.
43-4 (a) A permanent or temporary police officer is allowed sick leave
43-5 with pay accumulated at the rate of 1 1/4 full working days for
43-6 each full month employed in a calendar year, so as to total 15
43-7 working days to a person's credit each 12 months.
43-8 (b) A police officer may accumulate sick leave without limit
43-9 and may use the leave if unable to work because of a bona fide
43-10 illness. If an ill police officer exhausts the sick leave and can
43-11 conclusively prove that the illness was incurred in the performance
43-12 of duties, an extension of sick leave shall be granted.
43-13 (c) A police officer who leaves the classified service for
43-14 any reason or the beneficiaries of a police officer who dies as a
43-15 result of a line of duty injury or illness are entitled to receive
43-16 in a lump-sum payment the full amount of the police officer's
43-17 accumulated sick leave as provided by Subsections (d)-(h).
43-18 (d) A police officer hired before September 1, 1985, is
43-19 entitled to have sick leave accumulated without limit. Sick leave
43-20 accumulated before September 1, 1985, is valued at the amount of
43-21 the police officer's salary on August 31, 1985. Sick leave
43-22 accumulated after September 1, 1985, is valued at the police
43-23 officer's average salary in the fiscal year in which the sick leave
43-24 was accumulated.
43-25 (f) Each day or part of a day of sick leave used by a police
44-1 officer is charged to that person's earliest acquired unused
44-2 accumulated day of sick leave, in the same manner as is used in the
44-3 "first in, first out" accounting principle.
44-4 (g) Each police officer hired before September 1, 1985, may
44-5 select coverage under the municipal ordinance governing sick leave
44-6 benefits and policy for the municipal employees who are not subject
44-7 to this chapter. This option is a onetime only option that expires
44-8 on December 31 of the year in which this section takes effect in
44-9 that municipality.
44-10 (h) The sick leave of a police officer who becomes a member
44-11 of the police department on or after September 1, 1985, is covered
44-12 by the municipal ordinance governing sick leave benefits and policy
44-13 for the municipal employees who are not subject to this chapter.
44-14 (i) The municipality shall provide in its annual budget a
44-15 sum reasonably calculated to provide funding for sick leave
44-16 benefits for the fiscal year covered by that budget.
44-17 (j) To facilitate the settlement of the accounts of deceased
44-18 police officers, all unpaid compensation, including all accumulated
44-19 sick leave, due at the time of death to an active police officer
44-20 who dies as a result of a line-of-duty injury or illness, shall be
44-21 paid to the persons in the first applicable category of the
44-22 following prioritized list:
44-23 (1) to the beneficiary or beneficiaries the police
44-24 officer designated in writing to receive the compensation and filed
44-25 with the commission before the person's death;
45-1 (2) to the police officer's widow or widower;
45-2 (3) to the police officer's child or children and to
45-3 the descendants of a deceased child, by representation;
45-4 (4) to the police officer's parents or to their
45-5 survivors; or
45-6 (5) to the properly appointed legal representative of
45-7 the police officer's estate, or in the absence of a representative,
45-8 to the person determined to be entitled to the payment under the
45-9 state law of descent and distribution.
45-10 (k) Payment of compensation to a person in accordance with
45-11 Subsection (j) is a bar to recovery by another person.
45-12 Sec. 145.057. VACATIONS. (a) Each police officer is
45-13 entitled to earn a minimum of 15 working days' vacation leave with
45-14 pay in each year.
45-15 (b) In computing the length of time a police officer may be
45-16 absent from work on vacation leave, only those calendar days during
45-17 which the person would be required to work if not on vacation may
45-18 be counted as vacation days.
45-19 (c) Unless approved by the municipality's governing body, a
45-20 police officer may not accumulate vacation leave from year to year.
45-21 Sec. 145.058. PAYMENT OF ACCUMULATED VACATION LEAVE. (a) A
45-22 police officer who leaves the classified service for any reason is
45-23 entitled to receive in a lump-sum payment the full amount of the
45-24 person's salary for the period of the person's accumulated vacation
45-25 leave up to a maximum of 60 working days.
46-1 (b) A police officer who leaves the classified service or
46-2 dies as the result of a line of duty injury or illness or the
46-3 beneficiaries of that police officer are entitled to the full
46-4 amount of the police officer's salary for the total accumulated
46-5 vacation leave.
46-6 Sec. 145.059. ACCUMULATED VACATION AND HOLIDAY LEAVE. A
46-7 police officer who leaves the classified service due to disability
46-8 or the beneficiary of a police officer who dies is entitled to
46-9 receive a lump-sum payment of the full amount of the police
46-10 officer's accumulated vacation and holiday leave.
46-11 SUBCHAPTER D. DISCIPLINARY ACTIONS
46-12 Sec. 145.065. CAUSE FOR REMOVAL OR SUSPENSION. A commission
46-13 rule prescribing cause for removal or suspension of a police
46-14 officer is not valid unless it involves one or more of the
46-15 following grounds:
46-16 (1) conviction of a felony or other crime involving
46-17 moral turpitude;
46-18 (2) violations of a municipal charter provision;
46-19 (3) acts of incompetency;
46-20 (4) neglect of duty;
46-21 (5) discourtesy to the public or to a fellow employee
46-22 while the police officer is in the line of duty;
46-23 (6) acts showing lack of good moral character;
46-24 (7) drinking intoxicants while on duty or intoxication
46-25 while off duty;
47-1 (8) conduct prejudicial to good order;
47-2 (9) refusal or neglect to pay just debts;
47-3 (10) absence without leave; or
47-4 (11) violation of an applicable police department rule
47-5 or special order.
47-6 Sec. 143.066. DEMOTIONS. (a) If the head of the police
47-7 department wants a police officer under his supervision or
47-8 jurisdiction to be involuntarily demoted, the department head may
47-9 recommend in writing to the commission that the commission demote
47-10 the police officer.
47-11 (b) The department head must include in the recommendation
47-12 for demotion the reasons the department head recommends the
47-13 demotion and a request that the commission order the demotion. The
47-14 department head must immediately furnish a copy of the
47-15 recommendation in person to the affected police officer.
47-16 (c) The commission may refuse to grant the request for
47-17 demotion. If the commission believes that probable cause exists
47-18 for ordering the demotion, the commission shall give the police
47-19 officer written notice to appear before the commission for a public
47-20 hearing at a time and place specified in the notice. The
47-21 commission shall give the notice before the 10th day before the
47-22 date the hearing will be held.
47-23 (d) The police officer is entitled to a full and complete
47-24 public hearing, and the commission may not demote a police officer
47-25 without that public hearing.
48-1 (e) A voluntary demotion in which the police officer has
48-2 accepted the terms of the demotion in writing is not subject to
48-3 this section.
48-4 Sec. 145.067. PROCEDURES AFTER FELONY INDICTMENT OR OTHER
48-5 CRIME OF MORAL TURPITUDE. (a) If a police officer is indicted for
48-6 a felony or officially charged with the commission of any other
48-7 crime involving moral turpitude, the department head may
48-8 temporarily suspend the person with or without pay for a period not
48-9 to exceed 30 days after the date the police officer gives notice of
48-10 final disposition of the specified felony indictment or any other
48-11 crime involving moral turpitude.
48-12 (b) The department head shall notify the suspended police
48-13 officer in writing that the person is being temporarily suspended
48-14 for a specific period with or without pay and that the temporary
48-15 suspension is not intended to reflect an opinion on the merits of
48-16 the indictment or complaint.
48-17 (c) If the action directly related to the felony indictment
48-18 or misdemeanor complaint occurred or was discovered on or after the
48-19 180th day before the date of the indictment or complaint, the
48-20 department head may, within 60 days after the date of final
48-21 disposition of the indictment or complaint, bring a charge against
48-22 the police officer for a violation of civil service rules.
48-23 (d) A police officer indicted for a felony or officially
48-24 charged with the commission of any other crime involving moral
48-25 turpitude who has also been charged by the department head with
49-1 civil service violations directly related to the indictment or
49-2 complaint may delay the civil service hearing for not more than 30
49-3 days after the date of the final disposition of the indictment or
49-4 complaint.
49-5 (e) If the department head temporarily suspends a police
49-6 officer under this section and the police officer is not found
49-7 guilty of the indictment or complaint in a court of competent
49-8 jurisdiction, the police officer may appeal to the commission or to
49-9 a hearing examiner for recovery of back pay. The commission or
49-10 hearing examiner may award all or part of the back pay or reject
49-11 the appeal.
49-12 (f) Acquittal or dismissal of an indictment or a complaint
49-13 does not mean that a police officer has not violated civil service
49-14 rules and does not negate the charges that may have been or may be
49-15 brought against the police officer by the department head.
49-16 (g) Final conviction of a felony shall be the basis for
49-17 dismissal without notice or further proceedings under this Act, and
49-18 conviction of any other crime involving moral turpitude may be
49-19 cause for disciplinary action or indefinite suspension.
49-20 (h) The department head may order an indefinite suspension
49-21 based on an act classified as a felony or any other crime involving
49-22 moral turpitude after the 180-day period following the date of the
49-23 discovery of the act by the department if the department head
49-24 considers delay to be necessary to protect a criminal investigation
49-25 of the person's conduct. If the department head intends to order
50-1 an indefinite suspension after the 180-day period, the department
50-2 head must file with the attorney general a statement describing the
50-3 criminal investigation and its objectives within 180 days after the
50-4 date the act complained of occurred.
50-5 Sec. 145.068. NOTICE REQUIREMENT FOR CERTAIN MEETINGS OR
50-6 HEARINGS. (a) The department shall provide to a police officer
50-7 notice of the time and location of a meeting or hearing not later
50-8 than the 48th hour before the hour on which the meeting or hearing
50-9 is held if the meeting or hearing is:
50-10 (1) related to an internal departmental or other
50-11 municipal investigation of the police officer at which the police
50-12 officer is required or entitled to be present, including an
50-13 interrogation;
50-14 (2) related to a grievance filed by the police officer
50-15 under Subchapter E; or
50-16 (3) an opportunity to respond to charges against the
50-17 police officer before the department terminates the police
50-18 officer's employment.
50-19 (b) A police officer may waive the notice prescribed by this
50-20 section.
50-21 Sec. 145.069. INVESTIGATION OF POLICE OFFICERS. (a) In
50-22 this section:
50-23 (1) "Complainant" means a person claiming to be the
50-24 victim of misconduct by a police officer.
50-25 (2) "Investigation" means an administrative
51-1 investigation, conducted by the municipality, of alleged misconduct
51-2 by a police officer that could result in punitive action against
51-3 that person.
51-4 (3) "Investigator" means an agent or employee of the
51-5 municipality who is assigned to conduct an investigation.
51-6 (4) "Punitive action" means a disciplinary suspension,
51-7 indefinite suspension, demotion in rank, reprimand, or any
51-8 combination of those actions.
51-9 (5) "Normally assigned working hours" includes those
51-10 hours during which a police officer is actually at work or at the
51-11 person's assigned place of work, but does not include any time when
51-12 the person is off duty on authorized leave, including sick leave.
51-13 (b) An investigator may interrogate a police officer who is
51-14 the subject of an investigation only during the police officer's
51-15 normally assigned working hours unless:
51-16 (1) the seriousness of the investigation, as
51-17 determined by the police officer's department head or the
51-18 department head's designee, requires interrogation at another time;
51-19 and
51-20 (2) the police officer is compensated for the
51-21 interrogation time on an overtime basis.
51-22 (c) The department head may not consider work time missed
51-23 from regular duties by a police officer due to participation in the
51-24 conduct of an investigation in determining whether to impose a
51-25 punitive action or in determining the severity of a punitive
52-1 action.
52-2 (d) An investigator may not interrogate a police officer who
52-3 is the subject of an investigation or conduct any part of the
52-4 investigation at that person's home without that person's
52-5 permission.
52-6 (e) A person may not be assigned to conduct an investigation
52-7 if the person is the complainant, the ultimate decision maker
52-8 regarding disciplinary action, or a person who has any personal
52-9 involvement regarding the alleged misconduct. A police officer who
52-10 is the subject of an investigation has the right to inquire and, on
52-11 inquiry, to be informed of the identities of each investigator
52-12 participating in an interrogation of the police officer.
52-13 (f) Before an investigator may interrogate a police officer
52-14 who is the subject of an investigation, the investigator must
52-15 inform the police officer in writing of the nature of the
52-16 investigation and the name of each person who complained about the
52-17 police officer concerning the matters under investigation. An
52-18 investigator may not conduct an interrogation of a police officer
52-19 based on a complaint by a complainant who is not a peace officer
52-20 unless the complainant verifies the complaint in writing before a
52-21 public officer who is authorized by law to take statements under
52-22 oath. In an investigation authorized under this subsection, an
52-23 investigator may interrogate a police officer about events or
52-24 conduct reported by a witness who is not a complainant without
52-25 disclosing the name of the witness. Not later than the 48th hour
53-1 before the hour on which an investigator begins to interrogate a
53-2 police officer regarding an allegation based on a complaint,
53-3 affidavit, or statement, the investigator shall give the police
53-4 officer a copy of the affidavit, complaint, or statement. An
53-5 interrogation may be based on a complaint from an anonymous
53-6 complainant if the departmental employee receiving the anonymous
53-7 complaint certifies in writing, under oath, that the complaint was
53-8 anonymous. This subsection does not apply to an on-the-scene
53-9 investigation that occurs immediately after an incident being
53-10 investigated if the limitations of this subsection would
53-11 unreasonably hinder the essential purpose of the investigation or
53-12 interrogation. If the limitation would hinder the investigation or
53-13 interrogation, the police officer under investigation must be
53-14 furnished, as soon as practicable, a written statement of the
53-15 nature of the investigation, the name of each complaining party,
53-16 and the complaint, affidavit, or statement.
53-17 (g) An interrogation session of a police officer who is the
53-18 subject of an investigation may not be unreasonably long. In
53-19 determining reasonableness, the gravity and complexity of the
53-20 investigation must be considered. The investigators shall allow
53-21 reasonable interruptions to permit the police officer to attend to
53-22 personal physical necessities.
53-23 (h) An investigator may not threaten a police officer who is
53-24 the subject of an investigation with punitive action during an
53-25 interrogation. However, an investigator may inform a police
54-1 officer that failure to truthfully answer reasonable questions
54-2 directly related to the investigation or to fully cooperate in the
54-3 conduct of the investigation may result in punitive action.
54-4 (i) If prior notification of intent to record an
54-5 interrogation is given to the other party, either the investigator
54-6 or the police officer who is the subject of an interrogation may
54-7 record the interrogation.
54-8 (j) If an investigation does not result in punitive action
54-9 against a police officer but does result in a reprimand recorded in
54-10 writing or an adverse finding or determination regarding that
54-11 person, the reprimand, finding, or determination may not be placed
54-12 in that person's personnel file unless the police officer is first
54-13 given an opportunity to read and sign the document. If the police
54-14 officer refuses to sign the reprimand, finding, or determination,
54-15 it may be placed in the personnel file with a notation that the
54-16 person refused to sign it. A police officer may respond in writing
54-17 to a reprimand, finding, or determination that is placed in the
54-18 person's personnel file under this subsection by submitting a
54-19 written response to the department head within 10 days after the
54-20 date the police officer is asked to sign the document. The
54-21 response shall be placed in the personnel file. A police officer
54-22 who receives a punitive action and who elects not to appeal the
54-23 action may file a written response as prescribed by this subsection
54-24 within 10 days after the date the person is given written notice of
54-25 the punitive action from the department head.
55-1 (k) If the department head or any investigator violates any
55-2 of the provisions of this section while conducting an
55-3 investigation, the municipality shall reverse any punitive action
55-4 taken pursuant to the investigation including a reprimand, and any
55-5 information obtained during the investigation shall be specifically
55-6 excluded from introduction into evidence in any proceeding against
55-7 the police officer.
55-8 Sec. 145.070. POLYGRAPH EXAMINATIONS. (a) A police officer
55-9 employed by the municipality may not be required to submit to a
55-10 polygraph examination as part of an internal investigation
55-11 regarding the conduct of the police officer unless:
55-12 (1) the complainant submits to and passes a polygraph
55-13 examination and, if applicable, the department has complied with
55-14 Subsection (c); or
55-15 (2) the police officer is ordered to take an
55-16 examination under Subsection (f).
55-17 (b) Subsection (a)(1) does not apply if the complainant is
55-18 physically or mentally incapable of being polygraphed.
55-19 (c) The department shall, on the written request of a police
55-20 officer, provide to the police officer the complainant's polygraph
55-21 examination results within 48 hours after the request.
55-22 (d) For the purposes of this section, a person passes a
55-23 polygraph examination if, in the opinion of the polygraph examiner,
55-24 no deception is indicated regarding matters critical to the subject
55-25 matter under investigation.
56-1 (e) The results of a polygraph examination that relate to
56-2 the complaint under investigation are not admissible in a
56-3 proceeding before the commission or a hearing examiner.
56-4 (f) The department head may order a police officer to submit
56-5 to a polygraph examination if the department head considers the
56-6 circumstances to be extraordinary and the department head believes
56-7 that the integrity of a police officer or the department is in
56-8 question.
56-9 Sec. 145.071. DISCIPLINARY SUSPENSIONS. (a) The head of
56-10 the police department may suspend a police officer under the
56-11 department head's supervision or jurisdiction for disciplinary
56-12 reasons for a reasonable period not to exceed 15 days.
56-13 (b) The department head may suspend a police officer under
56-14 this section only if the person violates a civil service rule.
56-15 However, the department head may not suspend a police officer later
56-16 than the 180th day after the date the department discovers or
56-17 becomes aware of the civil service rule violation. If, during an
56-18 investigation of an alleged civil service rule violation, it is
56-19 alleged that the police officer under investigation committed
56-20 another violation of a civil service rule connected with the first
56-21 alleged violation, the 180-day period prescribed by this subsection
56-22 does not begin again for purposes of a suspension of the police
56-23 officer if the second violation in question does not involve
56-24 untruthfulness or refusal to obey a valid order to make a
56-25 statement, and therefore the department head may not suspend a
57-1 police officer for the second violation later than the 180th day
57-2 after the date the department discovers or becomes aware of the
57-3 original violation.
57-4 (c) If the department head suspends a police officer, the
57-5 department head shall, within 120 hours after the police officer is
57-6 notified of the suspension, file a written statement of action with
57-7 the commission.
57-8 (d) The suspension is void and the police officer is
57-9 entitled to the person's full pay if:
57-10 (1) the department head fails to file the statement
57-11 during the required time; or
57-12 (2) the suspension is imposed later than the 180th day
57-13 after the date the department discovers or becomes aware of the
57-14 violation that resulted in the suspension.
57-15 (e) A police officer may appeal a disciplinary suspension as
57-16 prescribed by Section 145.009.
57-17 (f) The written statement filed by the department head with
57-18 the commission must point out the civil service rule alleged to
57-19 have been violated by the suspended police officer and must
57-20 describe the alleged acts of the person that the department head
57-21 contends are in violation of the civil service rules. It is not
57-22 sufficient for the department head merely to refer to the
57-23 provisions of the rules alleged to have been violated.
57-24 (e) If the department head does not specifically point out
57-25 in the written statement the act or acts of the police officer that
58-1 allegedly violated civil service rules, the commission shall
58-2 promptly reinstate the person.
58-3 Sec. 145.072. APPEAL OF DISCIPLINARY SUSPENSION. (a) If a
58-4 suspended police officer appeals a disciplinary suspension to the
58-5 commission, the commission shall determine if just cause exists for
58-6 the suspension.
58-7 (b) If the commission finds that the period of disciplinary
58-8 suspension should be reduced, the commission may order a reduction
58-9 in the period of suspension. The commission may reverse the
58-10 department head's decision and instruct the department head to
58-11 immediately restore the police officer to the person's prior
58-12 position and to repay the person for any lost wages.
58-13 (c) If the department head refuses to obey a commission
58-14 order, the provisions of Section 145.074 relating to the department
58-15 head's refusal apply.
58-16 (d) In a hearing conducted under this section, the
58-17 department head is restricted to the department head's original
58-18 written statement and charges, which may not be amended.
58-19 (e) The commission may suspend or dismiss a police officer
58-20 only for violation of civil service rules and only after a finding
58-21 by the commission of the truth of specific charges against the
58-22 police officer.
58-23 Sec. 145.073. INDEFINITE SUSPENSIONS. (a) The head of the
58-24 police department may indefinitely suspend a police officer under
58-25 the department head's supervision or jurisdiction for the violation
59-1 of a civil service rule.
59-2 (b) If the department head suspends a police officer, the
59-3 department head shall, within 120 hours after the hour of
59-4 suspension, file a written statement with the commission giving the
59-5 reasons for the suspension. The department head shall immediately
59-6 deliver a copy of the statement in person to the suspended police
59-7 officer.
59-8 (c) The copy of the written statement must inform the
59-9 suspended police officer that if the person wants to appeal to the
59-10 commission, the person must file a written appeal with the
59-11 commission within 10 days after the date the person receives the
59-12 copy of the statement.
59-13 (d) The written statement filed by the department head with
59-14 the commission must point out the civil service rule alleged to
59-15 have been violated by the suspended police officer and must
59-16 describe the alleged acts of the person that the department head
59-17 contends are in violation of the civil service rules. It is not
59-18 sufficient for the department head merely to refer to the
59-19 provisions of the rules alleged to have been violated.
59-20 (e) If the department head does not specifically point out
59-21 in the written statement the act or acts of the police officer that
59-22 allegedly violated civil service rules, the commission shall
59-23 promptly reinstate the person.
59-24 (f) If the department head offers a suspension of 16 to 90
59-25 calendar days for violation of civil service rules, the police
60-1 officer may agree in writing to voluntarily accept the suspension,
60-2 with no right of appeal. The police officer must accept the offer
60-3 within five working days after the date the offer is made. If the
60-4 person refuses the offer and wants to appeal to the commission, the
60-5 person must file a written appeal with the commission within 15
60-6 days after the date the person receives the copy of the written
60-7 statement of suspension.
60-8 (g) In the original written statement and charges and in any
60-9 hearing conducted under this chapter, the department head may not
60-10 complain of an act that did not occur within the six-month period
60-11 preceding the date on which the department head suspends the police
60-12 officer.
60-13 Sec. 145.074. APPEAL OF INDEFINITE SUSPENSION. (a) Except
60-14 as provided by Section 145.009(g), if a suspended police officer
60-15 appeals an indefinite suspension to the commission, the commission
60-16 shall hold a hearing and render a decision in writing within 30
60-17 days after the date it receives notice of appeal.
60-18 (b) In a hearing conducted under this section, the
60-19 department head is restricted to the department head's original
60-20 written statement and charges, which may not be amended.
60-21 (c) In its decision, the commission shall state whether the
60-22 suspended police officer is:
60-23 (1) permanently dismissed from the police department;
60-24 (2) temporarily suspended from the department; or
60-25 (3) restored to the person's former position or status
61-1 in the department's classified service.
61-2 (d) If the suspended police officer is restored to the
61-3 position or class of service from which the person was suspended,
61-4 the department head shall immediately reinstate the person as
61-5 ordered, and the person is entitled to full compensation at the
61-6 rate of pay provided for the position or class of service from
61-7 which the person was suspended for the actual time lost as a result
61-8 of the suspension, as provided by Section 145.077. If the
61-9 department head fails to reinstate the police officer, the person
61-10 is entitled to the person's salary as if the person had been
61-11 regularly reinstated.
61-12 (e) The commission may suspend or dismiss a police officer
61-13 only for violation of civil service rules and only after a finding
61-14 by the commission of the truth of specific charges against the
61-15 police officer.
61-16 (f) If the department head intentionally refuses, for at
61-17 least 10 days, to obey an order to reinstate a police officer, the
61-18 municipality's chief executive or governing body shall discharge
61-19 the department head from employment with the municipality.
61-20 (g) If a department head intentionally refuses to obey a
61-21 lawful commission order of reinstatement, the commission may punish
61-22 the department head for contempt. The commission has the same
61-23 authority to punish for contempt as has a justice of the peace.
61-24 Sec. 145.075. HEARING EXAMINERS. (a) In addition to the
61-25 other notice requirements prescribed by this chapter, the letter of
62-1 disciplinary action issued to a police officer must state that in
62-2 an appeal of an indefinite suspension, a suspension, a promotional
62-3 pass over, or a recommended demotion, the appealing police officer
62-4 may elect to appeal to an independent third party hearing examiner
62-5 instead of to the commission. The letter must also state that if
62-6 the police officer elects to appeal to a hearing examiner, the
62-7 person waives all rights to appeal to a district court except as
62-8 provided by Subsection (j).
62-9 (b) To exercise the choice of appealing to a hearing
62-10 examiner, the appealing police officer must submit to the director
62-11 a written request as part of the original notice of appeal required
62-12 under this chapter stating the person's decision to appeal to an
62-13 independent third party hearing examiner.
62-14 (c) The hearing examiner's decision is final and binding on
62-15 all parties. If the police officer decides to appeal to an
62-16 independent third party hearing examiner, the person automatically
62-17 waives all rights to appeal to a district court except as provided
62-18 by Subsection (j).
62-19 (d) If the appealing police officer chooses to appeal to a
62-20 hearing examiner the police officer and the department head or
62-21 their designees shall first attempt to agree on the selection of an
62-22 impartial hearing examiner. If the parties do not agree on the
62-23 selection of a hearing examiner on or within 10 days after the date
62-24 the appeal is filed and no motion to consolidate is filed under
62-25 Subsection (k) of this section, the director shall on the next work
63-1 day following notice that the parties have failed to agree on a
63-2 selection of a hearing examiner request a list of seven qualified
63-3 neutral arbitrators from the American Arbitration Association or
63-4 the Federal Mediation and Conciliation Service or their successors
63-5 in function. The police officer and the department head or their
63-6 designees may agree on one of the seven neutral arbitrators on the
63-7 list. If they do not agree within 25 days after the date the
63-8 appeal was filed, each party or the party's designee shall on the
63-9 25th day after the appeal was filed alternate striking a name from
63-10 the list and the name remaining is the hearing examiner. In the
63-11 event that the 25th day falls on a Saturday, Sunday, or a legal
63-12 holiday, then the parties shall strike the list the next work day.
63-13 The parties or their designees shall agree on a date for the
63-14 hearing that is within the time period prescribed by Subsection
63-15 (e). In the event that the director does not request the list of
63-16 seven qualified neutral arbitrators within the time prescribed by
63-17 this subsection or the department head or his designee fails to
63-18 strike the list within the time prescribed by this subsection, the
63-19 police officer or his designee shall select the arbitrator from the
63-20 list provided. In the event that the police officer or his
63-21 designee fails to strike the list within the time prescribed by
63-22 this subsection, the department head or his designee shall select
63-23 the arbitrator from the list provided.
63-24 (e) The appeal hearing must begin within 60 days after the
63-25 date the appeal is filed and shall begin as soon as the hearing
64-1 examiner can be scheduled. If the hearing examiner cannot begin
64-2 the hearing within 45 calendar days after the date of selection,
64-3 the fire fighter or police officer may, within two days after
64-4 learning of that fact, call for the selection of a new hearing
64-5 examiner using the procedure prescribed by Subsection (d). If the
64-6 appeal hearing is not begun within 60 days after the date the
64-7 appeal is filed, the indefinite suspension, suspension, promotional
64-8 pass over, or recommended demotion is upheld and the appeal is
64-9 withdrawn if the police officer is not ready to proceed, and the
64-10 appeal is sustained if the department head is not ready to proceed.
64-11 In computing the 60-day period, a period of delay not to exceed 30
64-12 calendar days because of a continuance granted at the request of
64-13 the department head or his representative or the police officer or
64-14 his representative on good cause being shown, or because of the
64-15 unavoidable unavailability of the hearing examiner on the date of
64-16 the hearing, or because of the pendency of a motion to consolidate
64-17 with another hearing as provided in Subsection (k) of this section
64-18 is excluded. In no event may a hearing examiner grant a
64-19 continuance beyond 30 days in an indefinite suspension. A hearing
64-20 examiner may grant a continuance beyond the 30-day period upon good
64-21 cause being shown in a disciplinary suspension unless the police
64-22 officer has another disciplinary action pending.
64-23 (f) In each hearing conducted under this section, the
64-24 hearing examiner has the same duties and powers as the commission,
64-25 including the right to issue subpoenas.
65-1 (g) In a hearing conducted under this section, the parties
65-2 may agree to an expedited hearing procedure. Unless otherwise
65-3 agreed by the parties, in an expedited procedure the hearing
65-4 examiner shall render a decision on the appeal within 10 days after
65-5 the date the hearing closed.
65-6 (h) In an appeal that does not involve an expedited hearing
65-7 procedure, the hearing examiner shall make a reasonable effort to
65-8 render a decision on the appeal within 30 days after the date the
65-9 hearing ends or the briefs are filed. The hearing examiner's
65-10 inability to meet the time requirements imposed by this section
65-11 does not affect the hearing examiner's jurisdiction, the validity
65-12 of the disciplinary action, or the hearing examiner's final
65-13 decision.
65-14 (i) The hearing examiner's fees and expenses are shared
65-15 equally by the appealing police officer and by the department. The
65-16 costs of a witness are paid by the party who calls the witness.
65-17 (j) A district court may hear an appeal of a hearing
65-18 examiner's award only on the grounds that the arbitration panel was
65-19 without jurisdiction or exceeded its jurisdiction or that the order
65-20 was procured by fraud, collusion, or other unlawful means. If the
65-21 basis for the appeal of the hearing examiner's award is based on
65-22 the grounds that the arbitration panel was without jurisdiction or
65-23 exceeded its jurisdiction, the petition must be filed in district
65-24 court within 10 days of the hearing examiner's decision. An appeal
65-25 must be brought in the district court having jurisdiction in the
66-1 municipality in which the fire or police department is located. In
66-2 the event the municipality is located in more than one county then
66-3 the suit must be brought in the county having the majority of the
66-4 population of the municipality.
66-5 (k) In an appeal of an indefinite suspension, a suspension,
66-6 a promotional pass over, or a recommended demotion, each appealing
66-7 police officer or the appealing police officer's representative
66-8 shall be entitled to the selection of a hearing examiner pursuant
66-9 to Subsection (d) of this section to hear the case. The police
66-10 officer, department head, or a representative of any of those may,
66-11 within 10 days of the date they received notice of the appeal, file
66-12 a motion with a copy to the opposing side to consolidate the case
66-13 with that of one or more other police officers where the charges
66-14 arise out of the same incident. The motion to consolidate may be
66-15 agreed to in writing and filed with the director. If a motion to
66-16 consolidate the cases is filed and not agreed to, a hearing
66-17 examiner shall be chosen pursuant to the provisions of Subsection
66-18 (d) of this section to hear the motion. The decision of the
66-19 hearing examiner shall be final and binding as to the issue of
66-20 consolidation. The hearing examiner chosen to hear the motion to
66-21 consolidate shall not hear the case, and the provisions of
66-22 Subsection (d) of this section shall be used to choose the hearing
66-23 examiner with the day the decision is rendered being the equivalent
66-24 of the date the appeal was filed.
66-25 (l) In an appeal to a hearing examiner, the director may,
67-1 within five working days after the date the hearing examiner is
67-2 chosen, send to the hearing examiner the following:
67-3 (1) the name of the police officer who is appealing;
67-4 (2) the written reasons filed by the department head
67-5 with the commission in the case of a promotional pass over or a
67-6 recommended demotion;
67-7 (3) the specific provisions of the rules alleged to
67-8 have been violated in the case of a suspension; and
67-9 (4) the date and place of the alleged civil service
67-10 violation.
67-11 (m) The director may not send the hearing examiner the
67-12 department head's original written statement. The department head
67-13 shall submit the written statement and charges to the hearing
67-14 examiner at the hearing.
67-15 Sec. 145.076. RECORDS OF OVERTURNED DISCIPLINARY ACTION OR
67-16 UNSUSTAINED COMPLAINT. (a) The department head promptly shall
67-17 order that the records of a disciplinary action that was taken
67-18 against a police officer be expunged from each file maintained on
67-19 the police officer by the department if the disciplinary action was
67-20 overturned on appeal by the commission, an independent third-party
67-21 hearing examiner, or a court of competent jurisdiction. Documents
67-22 that must be expunged under this subsection include all documents
67-23 that indicate disciplinary action was recommended or taken against
67-24 the police officer, such as the recommendations of a disciplinary
67-25 committee or a letter of suspension. This subsection does not
68-1 apply if the disciplinary action was only reduced and not
68-2 overturned nor shall this subsection apply if the police officer is
68-3 charged with excessive force that results in a death or injury and
68-4 the charge is being investigated by a law enforcement or criminal
68-5 justice agency other than the department.
68-6 (b) The department shall maintain an investigatory document
68-7 that relates to a disciplinary action against a police officer that
68-8 was overturned on appeal, or any document in the possession of the
68-9 department that relates to a charge of misconduct against a police
68-10 officer that the department did not sustain, only in a file created
68-11 by the department for the department's use. The department may not
68-12 release those documents to any agency or other person except
68-13 another law enforcement agency.
68-14 Sec. 145.077. REINSTATEMENT. (a) If the commission, a
68-15 hearing examiner, or a district court orders that a police officer
68-16 suspended without pay be reinstated, the municipality shall, before
68-17 the end of the second full pay period after the date the person is
68-18 reinstated, repay to the person all wages lost as a result of the
68-19 suspension.
68-20 (b) If the municipality does not fully repay all lost wages
68-21 to the police officer as provided by this section, the municipality
68-22 shall pay the person an amount equal to the lost wages plus accrued
68-23 interest.
68-24 (c) Interest under Subsection (b) accrues beginning on the
68-25 date of the police officer's reinstatement at a rate equal to three
69-1 percent plus the rate for court judgments under Article 1.05, Title
69-2 79, Revised Statutes (Article 5069-1.05, Vernon's Texas Civil
69-3 Statutes), that is in effect on the date of the person's
69-4 reinstatement.
69-5 Sec. 145.078. UNCOMPENSATED DUTY. (a) In this section,
69-6 "uncompensated duty" means days of work without pay in a police
69-7 department and does not include a regular or normal work day.
69-8 (b) The head of the police department may assign a police
69-9 officer under the department head's jurisdiction or supervision to
69-10 uncompensated duty. The department head may not impose
69-11 uncompensated duty unless the police officer agrees to the duty.
69-12 (c) If the police officer agrees in writing to accept
69-13 uncompensated duty, the department head shall give the person a
69-14 written statement that specifies the date or dates on which the
69-15 person will perform the duty. A police officer who agrees to
69-16 accept the duty does not have a right to an administrative or
69-17 judicial review.
69-18 (d) The uncompensated duty may be in place of or in
69-19 combination with a period of disciplinary suspension without pay.
69-20 If uncompensated duty is combined with a disciplinary suspension,
69-21 the total number of uncompensated duty days may not exceed 15.
69-22 (e) A police officer may not earn or accrue a benefit
69-23 arising from length of service or any wage or salary while the
69-24 person is suspended or performing uncompensated duty.
69-25 (f) A disciplinary suspension does not constitute a break in
70-1 a continuous position or in service in the department in
70-2 determining eligibility for a promotional examination.
70-3 (g) Except as provided by this section, a police officer
70-4 performing assigned uncompensated duty retains all rights and
70-5 privileges of the person's position in the department and of the
70-6 person's employment by the municipality.
70-7 SUBCHAPTER E. GRIEVANCE PROCEDURE
70-8 Sec. 145.080. GRIEVANCES IN GENERAL. (a) A police officer
70-9 may file a grievance as provided by this subchapter. The police
70-10 officer may file a grievance that relates to the same aspects of
70-11 the person's employment over which the civil service commission for
70-12 the employees of the municipality who are not subject to this
70-13 chapter would have lawful jurisdiction, including but not limited
70-14 to a written or oral reprimand, transfers, job performance reviews,
70-15 and job assignments. The police officer may not file a grievance
70-16 relating to:
70-17 (1) a disciplinary suspension, indefinite suspension,
70-18 promotional pass over, or demotion or other action or decision for
70-19 which a hearing, review, or appeal is otherwise provided by this
70-20 chapter; or
70-21 (2) an allegation of discrimination based, in whole or
70-22 in part, on race, color, religion, sex, or national origin.
70-23 (b) The director shall monitor and assist the operation of
70-24 the grievance procedure. The director's duties include:
70-25 (1) aiding the departments and departmental grievance
71-1 counselors;
71-2 (2) notifying the parties of meetings;
71-3 (3) docketing cases before the grievance examiner; and
71-4 (4) ensuring that the grievance procedure operates
71-5 timely and effectively.
71-6 (c) The department head shall appoint from among the members
71-7 of the department a grievance counselor whose duties include:
71-8 (1) providing appropriate grievance forms to a police
71-9 officer;
71-10 (2) accepting, on behalf of the department head, a
71-11 step I or II grievance;
71-12 (3) assisting the police officer in handling the
71-13 grievance;
71-14 (4) forwarding a copy of a step I or II grievance form
71-15 to the director and notifying the department head;
71-16 (5) arranging a meeting between the police officer and
71-17 that person's immediate supervisor as prescribed by Section
71-18 145.081(b);
71-19 (6) arranging the meeting of the police officer and
71-20 that person's department head or the department head's designated
71-21 representative as prescribed by Section 143.129(b); and
71-22 (7) performing duties that the department head may
71-23 assign.
71-24 (d) The grievance procedure consists of four steps. In any
71-25 step of the grievance process in which the aggrieved or police
72-1 officer's immediate supervisor is included, the department head or
72-2 the departmental grievance counselor may add an appropriate
72-3 supervisor who is not the police officer's immediate supervisor or
72-4 may designate that supervisor to replace the person's immediate
72-5 supervisor, if the department head or grievance counselor
72-6 determines that the other supervisor has the authority to resolve
72-7 the person's grievance.
72-8 Sec. 145.081. STEP I GRIEVANCE PROCEDURE. (a) To begin a
72-9 grievance action, a police officer must file a completed written
72-10 step I grievance form with the person's department head or
72-11 departmental grievance counselor within 30 days after the date the
72-12 action or inaction for which the person feels aggrieved occurred.
72-13 A step I grievance form may be obtained from the departmental
72-14 grievance counselor. If the form is not timely filed, the
72-15 grievance is waived.
72-16 (b) If the form is filed, the departmental grievance
72-17 counselor shall arrange a meeting of the police officer, that
72-18 person's immediate supervisor or other appropriate supervisor or
72-19 both, and the person or persons against whom the grievance is
72-20 lodged. The departmental grievance counselor shall schedule the
72-21 step I meeting within 30 calendar days after the date the grievance
72-22 is filed. If the grievance is lodged against the department head,
72-23 the department head may send a representative.
72-24 (c) The police officer's immediate supervisor or other
72-25 appropriate supervisor, or both, shall fully, candidly, and openly
73-1 discuss the grievance with the police officer in a sincere attempt
73-2 to resolve it.
73-3 (d) Regardless of the outcome of the meeting, the police
73-4 officer's immediate supervisor or other appropriate supervisor, or
73-5 both, shall provide a written response to the police officer, with
73-6 a copy to the grievance counselor, within five of the supervisor's
73-7 working days after the date the meeting occurs. The response must
73-8 include the supervisor's evaluation and proposed solution. The
73-9 response shall either be personally delivered to the police officer
73-10 or be mailed by certified mail, return receipt requested, to the
73-11 last home address provided by that person.
73-12 (e) If the proposed solution is not acceptable, the police
73-13 officer may file a step II grievance form with the department head
73-14 or the departmental grievance counselor in accordance with Section
73-15 145.082. If the aggrieved fire fighter or police officer fails to
73-16 timely file a step II grievance form, the solution is considered
73-17 accepted.
73-18 Sec. 145.082. STEP II GRIEVANCE PROCEDURE. (a) To continue
73-19 the grievance procedure, the police officer must complete a step II
73-20 grievance form and file it with the department head or the
73-21 departmental grievance counselor within five calendar days after
73-22 the date the police officer receives the supervisor's response
73-23 under Section 145.081.
73-24 (b) The departmental grievance counselor shall arrange a
73-25 meeting of the police officer, that person's immediate supervisor
74-1 or other appropriate supervisor or both, and the department head or
74-2 the department head's representative who must have a rank of at
74-3 least assistant chief or the equivalent. The meeting shall be held
74-4 within five of the aggrieved police officer's working days after
74-5 the date the step II grievance form is filed under Subsection (a).
74-6 (c) Regardless of the outcome of the meeting, the department
74-7 head or the department head's representative shall provide a
74-8 written response to the police officer within 10 of the department
74-9 head's or department head's representative's working days after the
74-10 date the meeting occurs. The response shall either be personally
74-11 delivered to the police officer or be mailed by certified mail,
74-12 return receipt requested, to the last home address provided by that
74-13 person.
74-14 (d) If the proposed solution is not acceptable, the police
74-15 officer may either submit a written request stating the person's
74-16 decision to appeal to an independent third party hearing examiner
74-17 pursuant to the provisions of Section 145.075 or file a step III
74-18 grievance form with the director in accordance with Section
74-19 145.083. If the police officer fails to timely file a step III
74-20 grievance form or a written request to appeal to a hearing
74-21 examiner, the solution is considered accepted. Notwithstanding
74-22 Section 145.075(i), if the police officer prevails and the hearing
74-23 examiner upholds the grievance in its entirety, the department
74-24 shall bear the cost of the appeal to the hearing examiner. If the
74-25 police officer fails to prevail and the hearing examiner denies the
75-1 grievance in its entirety, the police officer shall bear the cost
75-2 of the appeal to the hearing examiner. If neither party entirely
75-3 prevails and the hearing examiner upholds part of the grievance and
75-4 denies part of it, the hearing examiner's fees and expenses shall
75-5 be shared equally by the police officer and the department.
75-6 Sec. 145.083. STEP III GRIEVANCE PROCEDURE. (a) To
75-7 continue the grievance procedure, the police officer must complete
75-8 a step III grievance form and file it with the director within 10
75-9 calendar days after the date the police officer receives the
75-10 department head's response under Section 145.082.
75-11 (b) The director shall arrange a hearing of the police
75-12 officer and a grievance examiner to be appointed by the commission
75-13 under Section 145.085. The hearing shall be held within 15 of the
75-14 aggrieved police officer's working days after the date the step III
75-15 grievance form is filed under Subsection (a).
75-16 (c) A hearing shall be conducted as an informal
75-17 administrative procedure. Grievances arising out of the same or
75-18 similar fact situations may be heard at the same hearing. A court
75-19 reporter shall record the hearing. All witnesses shall be examined
75-20 under oath. The police officer, that person's immediate supervisor
75-21 or other appropriate supervisor or both, the department head or the
75-22 department head's designated representative or both, and each
75-23 person specifically named in the grievance are parties to the
75-24 hearing. The burden of proof is on the aggrieved police officer.
75-25 (d) The grievance examiner shall make written findings and a
76-1 recommendation for solution of the grievance within 10 of the
76-2 aggrieved police officer's working days after the date the hearing
76-3 ends. The findings and recommendation shall be given to the
76-4 commission and copies mailed to the police officer by certified
76-5 mail, return receipt requested, at the last home address provided
76-6 by that person, and to the department head.
76-7 (e) If the proposed solution is not acceptable to either the
76-8 police officer or the department head, either party may file a step
76-9 IV grievance form with the director in accordance with Section
76-10 145.084. If the police officer or the department head fails to
76-11 timely file a step IV grievance form, the solution is considered
76-12 accepted by that person.
76-13 Sec. 145.084. STEP IV GRIEVANCE PROCEDURE. (a) If the
76-14 department head or the police officer rejects the proposed solution
76-15 under Section 145.083, the department head, the department head's
76-16 designated representative, or the police officer must complete a
76-17 step IV grievance form and file it with the director within 10
76-18 calendar days after the date the person receives the grievance
76-19 examiner's recommendation.
76-20 (b) The commission shall review the grievance examiner's
76-21 findings and recommendation and consider the transcript of the step
76-22 III hearing at the commission's next regularly scheduled meeting or
76-23 as soon as practicable. The transcript shall be filed within 30
76-24 days of the step IV grievance being filed. The commission may for
76-25 good cause shown grant a reasonable delay not to exceed 30 days to
77-1 file the transcript. In no event may the commission render a
77-2 decision later than 30 days after the transcript is filed. If the
77-3 commission does not render a decision within 30 days after the date
77-4 the transcript is filed, the commission shall sustain the police
77-5 officer's grievance.
77-6 (c) The commission shall base its decision solely on the
77-7 transcript and demonstrative evidence offered and accepted at the
77-8 step III hearing. The commission shall furnish a written copy of
77-9 the order containing its decision to the police officer, the
77-10 department head, and the grievance examiner. The copy to the
77-11 police officer shall be mailed by certified mail, return receipt
77-12 requested, to the last home address provided by that person. The
77-13 commission decision is final.
77-14 Sec. 145.085. GRIEVANCE EXAMINER. (a) The commission shall
77-15 appoint a grievance examiner by a majority vote. The commission
77-16 may appoint more than one grievance examiner if necessary. The
77-17 commission may appoint a different grievance examiner for each
77-18 grievance. An examiner may not be affiliated with any other
77-19 municipal department and is responsible only to the commission.
77-20 The commission shall pay an examiner from a special budget
77-21 established for this purpose, and the director shall provide an
77-22 examiner sufficient office space and clerical support.
77-23 (b) The grievance examiner may:
77-24 (1) impose a reasonable limit on the time allowed each
77-25 party and the number of witnesses to be heard;
78-1 (2) administer oaths;
78-2 (3) examine a witness under oath;
78-3 (4) subpoena and require the attendance or production
78-4 of witnesses, documents, books, or other pertinent material; and
78-5 (5) accept affidavits instead of or in addition to
78-6 live testimony.
78-7 Sec. 145.086. SPECIAL PROVISIONS FOR STEPS I AND II.
78-8 (a) If the aggrieved police officer's immediate supervisor is the
78-9 department head, the steps prescribed by Sections 145.081 and
78-10 145.082 are combined. The department head shall meet with the
78-11 aggrieved police officer and may not appoint a representative.
78-12 (b) A department head, with the approval of the commission,
78-13 may change the procedure prescribed by Sections 145.081 and 145.082
78-14 to reflect a change in a department's chain of command.
78-15 Sec. 145.087. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) A
78-16 police officer may represent himself or obtain a representative at
78-17 any time during the grievance procedure. The municipality is not
78-18 obligated to provide or pay the costs of providing representation.
78-19 The representative:
78-20 (1) is not required to be an attorney;
78-21 (2) is entitled to be present to advise the police
78-22 officer;
78-23 (3) is entitled to present any evidence or information
78-24 for the police officer; and
78-25 (4) may not be prevented from fully participating in
79-1 any of the grievance proceedings.
79-2 (b) A police officer may take reasonable time off from a job
79-3 assignment to file a grievance and attend a meeting or hearing.
79-4 Time taken to pursue a grievance may not be charged against that
79-5 person. The police office shall be compensated on an overtime
79-6 basis for the time that person spends at a grievance meeting or
79-7 hearing if:
79-8 (1) the meeting or hearing is scheduled at a time
79-9 other than that person's normally assigned working hours; and
79-10 (2) that person prevails in the grievance.
79-11 (c) If notice that a grievance meeting or hearing is to be
79-12 recorded is provided to all persons present at the meeting or
79-13 hearing, the police officer, the department head, or the department
79-14 head's designee may record the meeting or hearing.
79-15 (d) The director shall provide a suitable notice explaining
79-16 the grievance procedure prescribed by this subchapter and furnish
79-17 copies to each department. Each department head shall cause the
79-18 notices to be posted in a prominent place or places within the
79-19 department work areas to give reasonable notice of the grievance
79-20 procedure to each member of the department.
79-21 (e) At the request of the department head of a police
79-22 officer who has filed a grievance under this subchapter, the
79-23 municipality's legal department or the director shall assist in
79-24 resolving the grievance.
79-25 (f) The director is the official final custodian of all
80-1 records involving grievances. A depository for closed files
80-2 regarding grievances shall be maintained in the civil service
80-3 department.
80-4 (g) A police officer who files a grievance pursuant to
80-5 Sections 145.080 through and including Section 145.084 is entitled
80-6 to 48 hours notice of any meeting or hearing scheduled under
80-7 Section 145.081(b), 145.082(b), 145.083(b), or 145.084(b). In the
80-8 event that the police officer is not given 48 hours advance notice,
80-9 the police officer's grievance shall be automatically sustained and
80-10 no further action may be had on the grievance.
80-11 SUBCHAPTER F. LEAVES
80-12 Sec. 143.090. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
80-13 (a) If a sufficient number of police officers are available to
80-14 carry out the normal functions of the police department, a fire
80-15 police officer may not be refused a reasonable leave of absence
80-16 without pay to attend a police school, convention, or meeting if
80-17 the purpose of the school, convention, or meeting is to secure a
80-18 more efficient department and better working conditions for
80-19 department personnel.
80-20 (b) A rule that affects a police officer's constitutional
80-21 right to appear before or to petition the legislature may not be
80-22 adopted.
80-23 Sec. 145.091. MILITARY LEAVE OF ABSENCE. (a) On written
80-24 application of a police officer, the commission shall grant the
80-25 person a military leave of absence without pay to enable the person
81-1 to enter a branch of the United States military service. The leave
81-2 of absence may not exceed the period of compulsory military service
81-3 or the basic minimum enlistment period for the branch of service
81-4 the police officer enters.
81-5 (b) The commission shall grant to a police officer a leave
81-6 of absence for initial training or annual duty in the military
81-7 reserves or the national guard.
81-8 (c) While a police officer who received a military leave of
81-9 absence serves in the military, the commission shall fill the
81-10 person's position in the department in accordance with this
81-11 chapter. The police officer who fills the position is subject to
81-12 replacement by the person who received the military leave at the
81-13 time the person returns to active duty in the department.
81-14 (d) On termination of active military service, a police
81-15 officer who received a military leave of absence under this section
81-16 is entitled to be reinstated to the position that the person held
81-17 in the department at the time the leave of absence was granted if
81-18 the person:
81-19 (1) receives an honorable discharge;
81-20 (2) remains physically and mentally fit to discharge
81-21 the duties of that position; and
81-22 (3) makes an application for reinstatement within 90
81-23 days after the date the person is discharged from military service.
81-24 (e) On reinstatement, the police officer shall receive full
81-25 seniority credit for the time spent in the military service.
82-1 (f) If the reinstatement of a police officer who received a
82-2 military leave of absence causes that person's replacement to be
82-3 returned to a lower position in grade or compensation, the replaced
82-4 person has a preferential right to a subsequent appointment or
82-5 promotion to the same or a similar position from which the person
82-6 was demoted. This preferential right has priority over an
82-7 eligibility list and is subject to the replaced person remaining
82-8 physically and mentally fit to discharge the duties of that
82-9 position.
82-10 Sec. 145.093. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
82-11 ABSENCE. (a) A municipality shall provide to a police officer a
82-12 leave of absence for an illness or injury related to the person's
82-13 line of duty. The leave is with full pay for a period commensurate
82-14 with the nature of the line of duty illness or injury. If
82-15 necessary, the leave shall continue for at least one year.
82-16 (b) At the end of the one-year period, the municipality's
82-17 governing body may extend the line of duty illness or injury leave
82-18 at full or reduced pay. If the police officer's salary is reduced
82-19 below 60 percent of the person's regular monthly salary and the
82-20 municipality has a police officer's pension fund, the person may
82-21 retire on pension until able to return to duty.
82-22 (c) If pension benefits are not available to a police
82-23 officer who is temporarily disabled by a line of duty injury or
82-24 illness and if the year at full pay and any extensions granted by
82-25 the governing body have expired, the police officer may use
83-1 accumulated sick leave, vacation time, and other accrued benefits
83-2 before the person is placed on temporary leave.
83-3 (d) If a police officer is temporarily disabled by an injury
83-4 or illness that is not related to the person's line of duty, the
83-5 person may use all sick leave, vacation time, and other accumulated
83-6 time before the person is placed on temporary leave.
83-7 (e) After recovery from a temporary disability, a police
83-8 officer shall be reinstated at the same rank and with the same
83-9 seniority the person had before going on temporary leave. Another
83-10 police officer may voluntarily do the work of an injured police
83-11 officer until the person returns to duty.
83-12 Sec. 145.094. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.
83-13 With the commission's approval and if otherwise qualified, a police
83-14 officer who has been certified by a physician selected by a police
83-15 officers' relief or retirement fund as having recovered from a
83-16 disability for which the person has been receiving a monthly
83-17 disability pension is eligible for reappointment to the classified
83-18 position that the person held on the date the person qualified for
83-19 the monthly disability pension.
83-20 Sec. 145.095. LEGISLATIVE LEAVE. (a) A police officer is
83-21 entitled to legislative leave without pay to appear before or to
83-22 petition a governmental body during a regular or special session of
83-23 that body as prescribed by this section.
83-24 (b) To be eligible for legislative leave, a police officer
83-25 must submit a written application to the municipality on or before
84-1 the 30th day before the date the police officer intends to begin
84-2 the legislative leave. The application must indicate the length of
84-3 the requested leave and state that the police officer is willing to
84-4 reimburse the municipality for any wages, pension, or other costs
84-5 the municipality will incur as a result of the leave. The length
84-6 of the requested leave may not exceed the length of the session.
84-7 (c) Within 30 days after the date the municipality receives
84-8 the application, the municipality shall notify the police officer
84-9 in writing of the actual amount of money required to offset the
84-10 costs the municipality will incur. The municipality may require
84-11 the police officer to post the money before granting the leave.
84-12 (d) The municipality shall grant legislative leave to a
84-13 police officer who submits an application as prescribed by this
84-14 section and who complies with any requirement relating to payment
84-15 of costs unless an emergency exists or unless granting the leave
84-16 will result in an insufficient number of employees to carry out the
84-17 normal functions of the fire or police department.
84-18 (e) If the head of the police department determines that
84-19 granting a legislative leave will result in an insufficient number
84-20 of employees to carry out the normal functions of the department,
84-21 another police officer may volunteer to work in the applicant's
84-22 place on an exchange of time basis as long as no overtime results.
84-23 If a police officer volunteers to work in the applicant's place and
84-24 no overtime will result, the department head shall allow the
84-25 volunteer to work for the applicant. If the volunteer work will
85-1 solve the problem of having an insufficient number of employees,
85-2 the municipality shall grant the legislative leave.
85-3 (f) Legislative leave may not be construed as a break in
85-4 service for any purpose, including the determination of seniority,
85-5 promotions, sick leave, vacations, or retirement.
85-6 (g) Legislative leave granted under this section to a police
85-7 officer to attend a session of the Congress of the United States
85-8 shall be granted for a period not to exceed 30 percent of the
85-9 applicant's total annual working days during each year in which
85-10 leave is requested.
85-11 SUBCHAPTER G. MISCELLANEOUS PROVISIONS
85-12 Sec. 145.100. EFFICIENCY REPORTS. (a) The commission may
85-13 develop proper procedures and rules for semiannual efficiency
85-14 reports and grades for each police officer.
85-15 (b) If the commission collects efficiency reports on police
85-16 officers, the commission shall provide each person with a copy of
85-17 that person's report.
85-18 (c) Within 10 calendar days after the date a fire fighter or
85-19 police officer receives the copy of the person's efficiency report,
85-20 the person may make a statement in writing concerning the
85-21 efficiency report. The statement shall be placed in the person's
85-22 personnel file with the efficiency report.
85-23 Sec. 145.101. EMERGENCY APPOINTMENT OF TEMPORARY POLICE
85-24 OFFICERS. (a) If a municipality is unable to recruit qualified
85-25 police officers because of the maximum age limit prescribed by
86-1 Section 145.027 and the municipality's governing body finds that
86-2 this inability creates an emergency, the commission shall recommend
86-3 to the governing body additional rules governing the temporary
86-4 employment of persons who are 36 years of age or older.
86-5 (b) A person employed under this section:
86-6 (1) is designated as a temporary employee;
86-7 (2) is not eligible for pension benefits;
86-8 (3) is not eligible for appointment or promotion if a
86-9 permanent applicant or employee is available;
86-10 (4) is not eligible to become a full-fledged civil
86-11 service employee; and
86-12 (5) must be dismissed before a permanent civil service
86-13 employee may be dismissed under Section 145.103.
86-14 Sec. 145.102. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR
86-15 CERTAIN POLICE OFFICERS. (a) Each police officer who, since
86-16 December 31, 1969, has been continuously employed as a temporary
86-17 employee under the provision codified as Section 143.083 before the
86-18 effective date of this chapter and Section 145.101 after the
86-19 effective date of this chapter, has the full status of a civil
86-20 service employee with all the rights and privileges granted by
86-21 Section 145.005.
86-22 (b) A police officer covered by Subsection (a) is eligible
86-23 to participate in earned pension benefits. The person may buy back
86-24 service credits in the pension fund in which the permanent police
86-25 officers in the department have participated since that person's
87-1 employment. The credits may be bought at a rate determined by the
87-2 actuary of the affected pension fund.
87-3 Sec. 145.103. FORCE REDUCTION AND REINSTATEMENT LIST.
87-4 (a) If a municipality's governing body adopts an ordinance that
87-5 vacates or abolishes a police department position, the police
87-6 officer who holds that position shall be demoted to the position
87-7 immediately below the vacated or abolished position. If one or
87-8 more positions of equal rank are vacated or abolished, the police
87-9 officers who have the least seniority in a position shall be
87-10 demoted to the position immediately below the vacated or abolished
87-11 position. If a police officer is demoted under this subsection
87-12 without charges being filed against the person for violation of
87-13 civil service rules, the police officer shall be placed on a
87-14 position reinstatement list in order of seniority. If the vacated
87-15 or abolished position is filled or re-created within one year after
87-16 the date it was vacated or abolished, the position must be filled
87-17 from the reinstatement list. Appointments from the reinstatement
87-18 list shall be made in order of seniority. A person who is not on
87-19 the list may not be appointed to the position during the one-year
87-20 period until the reinstatement list is exhausted.
87-21 (b) If a position in the lowest classification is abolished
87-22 or vacated and a police officer must be dismissed from the
87-23 department, the police officer with the least seniority shall be
87-24 dismissed. If a police officer is dismissed under this subsection
87-25 without charges being filed against the person for violation of
88-1 civil service rules, the police officer shall be placed on a
88-2 reinstatement list in order of seniority. Appointments from the
88-3 reinstatement list shall be made in order of seniority. Until the
88-4 reinstatement list is exhausted, a person may not be appointed from
88-5 an eligibility list. When a person has been on a reinstatement
88-6 list for three years, the person shall be dropped from the list but
88-7 shall be restored to the list at the request of the commission.
88-8 Sec. 145.104. POLITICAL ACTIVITIES. (a) While in uniform
88-9 or on active duty, a police officer may not take an active part in
88-10 another person's political campaign for an elective position of the
88-11 municipality.
88-12 (b) For the purposes of this section, a person takes an
88-13 active part in a political campaign if the person:
88-14 (1) makes a political speech;
88-15 (2) distributes a card or other political literature;
88-16 (3) writes a letter;
88-17 (4) signs a petition;
88-18 (5) actively and openly solicits votes; or
88-19 (6) makes public derogatory remarks about a candidate
88-20 for an elective position of the municipality.
88-21 (c) A police officer may not be required to contribute to a
88-22 political fund or to render a political service to a person or
88-23 party. A police officer may not be removed, reduced in
88-24 classification or salary, or otherwise prejudiced for refusing to
88-25 contribute to a political fund or to render a political service.
89-1 (d) A municipal official who attempts to violate Subsection
89-2 (c) violates this chapter.
89-3 (e) Except as expressly provided by this section, the
89-4 commission or the municipality's governing body may not restrict a
89-5 police officer's right to engage in a political activity.
89-6 Sec. 145.105. STRIKE PROHIBITION. (a) A police officer may
89-7 not engage in a strike against the governmental agency that employs
89-8 the police officer.
89-9 (b) In addition to the penalty prescribed by Section
89-10 145.015, if a police officer is convicted of an offense for
89-11 violating this section, the person shall be automatically released
89-12 and discharged from the police department. After the person is
89-13 discharged from the department, the person may not receive any pay
89-14 or compensation from public funds used to support the police
89-15 department.
89-16 Sec. 145.106. PERSONNEL FILE. (a) The director or the
89-17 director's designee shall maintain a personnel file on each police
89-18 officer. The personnel file must contain any letter, memorandum,
89-19 or document relating to:
89-20 (1) a commendation, congratulation, or honor bestowed
89-21 on the police officer by a member of the public or by the employing
89-22 department for an action, duty, or activity that relates to the
89-23 person's official duties;
89-24 (2) any misconduct by the police officer if the
89-25 letter, memorandum, or document is from the employing department
90-1 and if the misconduct resulted in disciplinary action by the
90-2 employing department in accordance with this chapter; and
90-3 (3) the periodic evaluation of the police officer by a
90-4 supervisor.
90-5 (b) A letter, memorandum, or document relating to alleged
90-6 misconduct by the police officer may not be placed in the person's
90-7 personnel file if the employing department determines that there is
90-8 insufficient evidence to sustain the charge of misconduct.
90-9 (c) A letter, memorandum, or document relating to
90-10 disciplinary action taken against the police officer or to alleged
90-11 misconduct by the police officer that is placed in the person's
90-12 personnel file as provided by Subsection (a)(2) shall be removed
90-13 from the employee's file if the commission finds that:
90-14 (1) the disciplinary action was taken without just
90-15 cause; or
90-16 (2) the charge of misconduct was not supported by
90-17 sufficient evidence.
90-18 (d) If a negative letter, memorandum, document, or other
90-19 notation of negative impact is included in a police officer's
90-20 personnel file, the director or the director's designee shall,
90-21 within 30 days after the date of the inclusion, notify the affected
90-22 police officer. The police officer may, on or before the 15th day
90-23 after the date of receipt of the notification, file a written
90-24 response to the negative letter, memorandum, document, or other
90-25 notation.
91-1 (e) The police officer is entitled, on request, to a copy of
91-2 any letter, memorandum, or document placed in the person's
91-3 personnel file. The municipality may charge the police officer a
91-4 reasonable fee not to exceed actual cost for any copies provided
91-5 under this subsection.
91-6 (f) The director or the director's designee may not release
91-7 any information contained in a police officer's personnel file
91-8 without first obtaining the person's written permission, unless the
91-9 release of the information is required by law.
91-10 (g) A police department may maintain a personnel file on a
91-11 police officer employed by the department for the department's use,
91-12 but the department may not release any information contained in the
91-13 department file to any agency or person requesting information
91-14 relating to a police officer. The department shall refer to the
91-15 director or the director's designee a person or agency that
91-16 requests information that is maintained in the police officer's
91-17 personnel file.
91-18 Sec. 145.107. EX PARTE COMMUNICATIONS. (a) While any
91-19 matter subject to a hearing under this chapter is pending, a person
91-20 may not, except in giving sworn testimony at the hearing or as
91-21 otherwise provided by law, communicate with the commission, a
91-22 hearing examiner, or a grievance examiner regarding the facts of
91-23 the matter under consideration unless the other party or their
91-24 representative is present. Notwithstanding the provisions of this
91-25 subsection, it shall not be a violation for either party to file
92-1 written briefs or written motions in the case if copies were served
92-2 on the opposing party.
92-3 (b) If the commission, hearing examiner, grievance examiner,
92-4 or a court of competent jurisdiction determines that a person has
92-5 violated Subsection (a) on behalf of and with the knowledge of the
92-6 police officer who filed the appeal, request for a review, or
92-7 grievance, a ruling shall be entered that dismisses the appeal,
92-8 review, or grievance. If the commission, hearing examiner,
92-9 grievance examiner, or a court of competent jurisdiction determines
92-10 that a person violated Subsection (a) on behalf of or in favor of
92-11 the department head or the department head's representative or on
92-12 behalf of and with the knowledge of a person against whom a
92-13 grievance was filed, a ruling shall be entered that upholds the
92-14 position of the police officer that filed the appeal, request for a
92-15 review, or grievance.
92-16 (c) While any matter subject to a hearing under the
92-17 grievance procedure of Section 145.083 is pending, the director
92-18 shall only send the name of the parties to the grievance, the
92-19 original grievance, the written responses to the grievance, and any
92-20 documents filed in the case by either party if copies were served
92-21 upon the opposing party.
92-22 SECTION 3. This Act takes effect September 1, 1995.
92-23 SECTION 4. The importance of this legislation and the
92-24 crowded condition of the calendars in both houses create an
92-25 emergency and an imperative public necessity that the
93-1 constitutional rule requiring bills to be read on three several
93-2 days in each house be suspended, and this rule is hereby suspended.