By Bailey H.B. No. 1122 75R4361 MLS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the investigation of fire fighters and police officers 1-3 in certain municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 143, Local Government Code, 1-6 is amended by adding Section 143.058 to read as follows: 1-7 Sec. 143.058. INVESTIGATION OF FIRE FIGHTERS AND POLICE 1-8 OFFICERS. (a) In this section: 1-9 (1) "Complainant" means a person claiming to be the 1-10 victim of misconduct by a fire fighter or police officer. 1-11 (2) "Investigation" means an administrative 1-12 investigation, conducted by the municipality, of alleged misconduct 1-13 by a fire fighter or police officer that could result in punitive 1-14 action against that person. 1-15 (3) "Investigator" means an agent or employee of the 1-16 municipality who is assigned to conduct an investigation. 1-17 (4) "Normally assigned working hours" includes those 1-18 hours during which a fire fighter or police officer is actually at 1-19 work or at the person's assigned place of work, but does not 1-20 include any time when the person is off duty on authorized leave, 1-21 including sick leave. 1-22 (5) "Punitive action" means a disciplinary suspension, 1-23 indefinite suspension, demotion in rank, written reprimand, or any 1-24 combination of those actions. 2-1 (b) An investigator may interrogate a fire fighter or police 2-2 officer who is the subject of an investigation only during the fire 2-3 fighter's or police officer's normally assigned working hours 2-4 unless: 2-5 (1) the seriousness of the investigation, as 2-6 determined by the fire fighter's or police officer's department 2-7 head or the department head's designee, requires interrogation at 2-8 another time; and 2-9 (2) the fire fighter or police officer is compensated 2-10 for the interrogation time on an overtime basis. 2-11 (c) The department head may not consider work time missed 2-12 from regular duties by a fire fighter or police officer due to 2-13 participation in the conduct of an investigation in determining 2-14 whether to impose a punitive action or in determining the severity 2-15 of a punitive action. 2-16 (d) An investigator may not interrogate a fire fighter or 2-17 police officer who is the subject of an investigation or conduct 2-18 any part of the investigation at that person's home without that 2-19 person's permission. 2-20 (e) A person may not be assigned to conduct an investigation 2-21 if the person is the complainant, the ultimate decision-maker 2-22 regarding disciplinary action, or a person who has any personal 2-23 involvement regarding the alleged misconduct. A fire fighter or 2-24 police officer who is the subject of an investigation has the right 2-25 to inquire and, on inquiry, to be informed of the identities of 2-26 each investigator participating in an interrogation of the fire 2-27 fighter or police officer. 3-1 (f) Before an investigator may interrogate a fire fighter or 3-2 police officer who is the subject of an investigation, the 3-3 investigator must inform the fire fighter or police officer in 3-4 writing of the nature of the investigation and the name of each 3-5 person who complained about the fire fighter or police officer 3-6 concerning the matters under investigation. An investigator may 3-7 not conduct an interrogation of a fire fighter or police officer 3-8 based on a complaint by a complainant who is not a peace officer 3-9 unless the complainant verifies the complaint in writing before a 3-10 public officer who is authorized by law to take statements under 3-11 oath. In an investigation authorized under this subsection, an 3-12 investigator may interrogate a fire fighter or police officer about 3-13 events or conduct reported by a witness who is not a complainant 3-14 without disclosing the name of the witness. Not later than the 3-15 48th hour before the hour on which an investigator begins to 3-16 interrogate a fire fighter or police officer regarding an 3-17 allegation based on a complaint, affidavit, or statement, the 3-18 investigator shall give the fire fighter or police officer a copy 3-19 of the affidavit, complaint, or statement. An interrogation may be 3-20 based on a complaint from an anonymous complainant if the 3-21 departmental employee receiving the anonymous complaint certifies 3-22 in writing, under oath, that the complaint was anonymous. This 3-23 subsection does not apply to an on-the-scene investigation that 3-24 occurs immediately after an incident being investigated if the 3-25 limitations of this subsection would unreasonably hinder the 3-26 essential purpose of the investigation or interrogation. If the 3-27 limitation would hinder the investigation or interrogation, the 4-1 fire fighter or police officer under investigation must be 4-2 furnished, as soon as practicable, a written statement of the 4-3 nature of the investigation, the name of each complaining party, 4-4 and the complaint, affidavit, or statement. 4-5 (g) An interrogation session of a fire fighter or police 4-6 officer who is the subject of an investigation may not be 4-7 unreasonably long. In determining reasonableness, the gravity and 4-8 complexity of the investigation must be considered. The 4-9 investigators shall allow reasonable interruptions to permit the 4-10 fire fighter or police officer to attend to personal physical 4-11 necessities. 4-12 (h) An investigator may not threaten a fire fighter or 4-13 police officer who is the subject of an investigation with punitive 4-14 action during an interrogation. An investigator may inform a fire 4-15 fighter or police officer that failure to truthfully answer 4-16 reasonable questions directly related to the investigation or to 4-17 fully cooperate in the conduct of the investigation may result in 4-18 punitive action. 4-19 (i) If prior notification of intent to record an 4-20 interrogation is given to the other party, either the investigator 4-21 or the fire fighter or police officer who is the subject of an 4-22 interrogation may record the interrogation. 4-23 (j) If an investigation does not result in punitive action 4-24 against a fire fighter or police officer but does result in a 4-25 written reprimand or an adverse finding or determination regarding 4-26 that person, the reprimand, finding, or determination may not be 4-27 placed in that person's personnel file unless the fire fighter or 5-1 police officer is first given an opportunity to read and sign the 5-2 document. If the fire fighter or police officer refuses to sign 5-3 the reprimand, finding, or determination, it may be placed in the 5-4 personnel file with a notation that the person refused to sign it. 5-5 A fire fighter or police officer may respond in writing to a 5-6 reprimand, finding, or determination that is placed in the person's 5-7 personnel file under this subsection by submitting a written 5-8 response to the department head not later than the 10th day after 5-9 the date the fire fighter or police officer is asked to sign the 5-10 document. The response shall be placed in the personnel file. A 5-11 fire fighter or police officer who receives a punitive action and 5-12 who elects not to appeal the action may file a written response as 5-13 prescribed by this subsection not later than the 10th day after the 5-14 date the person is given written notice of the punitive action from 5-15 the department head. 5-16 (k) If the department head or any investigator violates any 5-17 of the provisions of this section while conducting an 5-18 investigation, the municipality shall reverse any punitive action 5-19 taken under the investigation, including a reprimand, and any 5-20 information obtained during the investigation may not be introduced 5-21 into evidence in any proceeding against the fire fighter or police 5-22 officer. 5-23 (l) This section does not apply to a fire fighter or police 5-24 officer to whom Section 143.123 applies. 5-25 SECTION 2. This Act takes effect September 1, 1997, and 5-26 applies only to an investigation that occurs on or after the 5-27 effective date of this Act. 6-1 SECTION 3. The importance of this legislation and the 6-2 crowded condition of the calendars in both houses create an 6-3 emergency and an imperative public necessity that the 6-4 constitutional rule requiring bills to be read on three several 6-5 days in each house be suspended, and this rule is hereby suspended.