By Talton H.B. No. 3324
75R3607 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil service for firefighters and police officers in
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 143.015(a), (b), and (d), Local
1-6 Government Code, are amended to read as follows:
1-7 (a) If a fire fighter or police officer is dissatisfied with
1-8 any commission decision, the fire fighter or police officer may
1-9 file a petition in district court asking that the decision be set
1-10 aside. The petition must be filed within 10 days after the date
1-11 the final commission decision:
1-12 (1) is sent by certified mail and received by [to] the
1-13 fire fighter or police officer [by certified mail]; or
1-14 (2) is personally received by the fire fighter or
1-15 police officer or by that person's designee.
1-16 (b) An appeal under this section is by trial de novo. The
1-17 district court shall grant no deference to the commission's
1-18 decision. The district court may grant any [the] appropriate legal
1-19 or equitable relief necessary to carry out the purposes of this
1-20 chapter. The relief may include reinstatement or promotion with
1-21 back pay if an order of suspension, dismissal, or demotion is set
1-22 aside.
1-23 (d) If the court finds for the fire fighter or police
1-24 officer, the court shall order the municipality to pay all [lost]
2-1 wages that [to] the fire fighter or police officer would have
2-2 received from the municipality had the municipality not suspended
2-3 the fire fighter or police officer.
2-4 SECTION 2. Subchapter D, Chapter 143, Local Government Code,
2-5 is amended by adding Section 143.058 to read as follows:
2-6 Sec. 143.058. FURNISHING OF DOCUMENTS OF INVESTIGATION. (a)
2-7 This section does not apply to an on-the-scene investigation that
2-8 occurs immediately after an incident being investigated if the
2-9 limitations of this section or of Section 143.123(f) would
2-10 unreasonably hinder the essential purpose of the investigation.
2-11 (b) In a departmental investigation of a fire fighter or
2-12 police officer that may result in disciplinary action against the
2-13 fire fighter or police officer, including a suspension, an
2-14 indefinite suspension, or a recommended demotion, the department
2-15 head shall provide the fire fighter or police officer under
2-16 investigation with a copy of each affidavit, complaint, or witness
2-17 statement the department has obtained during the investigation not
2-18 later than the fifth day before the date the disciplinary action
2-19 occurs. The department head shall provide the fire fighter or
2-20 police officer with a copy of the original witness statement of a
2-21 witness who is not a complainant, except that the department head
2-22 may delete the name and other personal information of the witness
2-23 from the copy.
2-24 (c) Forty-eight hours before an interrogation of a fire
2-25 fighter or police officer regarding an allegation based on a
2-26 complaint, affidavit, or witness statement, the investigator shall
2-27 give the fire fighter or police officer a copy of any complaint,
3-1 affidavit, or witness statement in the investigator's possession.
3-2 The investigator shall provide the fire fighter or police officer
3-3 with a copy of the original witness statement of a witness who is
3-4 not a complainant, except that the investigator may delete the name
3-5 and other personal information of the witness from the copy.
3-6 (d) If Subsection (b) or (c) is violated, the municipality
3-7 may not take a disciplinary action related to the investigation
3-8 against the fire fighter or police officer or use any information
3-9 obtained in the investigation in another disciplinary action
3-10 against the fire fighter or police officer.
3-11 (e) The requirements of this section are cumulative of any
3-12 other requirement in this chapter.
3-13 SECTION 3. Section 143.117(c), Local Government Code, is
3-14 amended to read as follows:
3-15 (c) If the department head suspends a fire fighter or police
3-16 officer, the department head shall, within 120 hours after the fire
3-17 fighter or police officer is notified of the suspension, file the
3-18 [a] written statement and charges [of action] with the commission.
3-19 SECTION 4. Sections 143.119(b), (c), (d), and (e), Local
3-20 Government Code, are amended to read as follows:
3-21 (b) If the department head suspends a fire fighter or police
3-22 officer, the department head shall, within 120 hours after the hour
3-23 of suspension, file a written statement and charges with the
3-24 commission giving the reasons for the suspension. The department
3-25 head, or the department head's designee, shall immediately deliver
3-26 a copy of the written statement and charges [in person] to the
3-27 suspended fire fighter or police officer.
4-1 (c) The copy of the written statement and charges must
4-2 inform the suspended fire fighter or police officer that if the
4-3 person wants to appeal to the commission, the person must file a
4-4 written appeal with the commission within 10 days after the date
4-5 the person receives the copy of the written statement and charges.
4-6 (d) The written statement and charges filed by the
4-7 department head with the commission must point out the civil
4-8 service rule alleged to have been violated by the suspended fire
4-9 fighter or police officer and must describe the alleged acts of the
4-10 person that the department head contends are in violation of the
4-11 civil service rules. It is not sufficient for the department head
4-12 merely to refer to the provisions of the rules alleged to have been
4-13 violated.
4-14 (e) If the department head does not specifically point out
4-15 in the written statement and charges the act or acts of the fire
4-16 fighter or police officer that allegedly violated civil service
4-17 rules, the commission shall promptly reinstate the person.
4-18 SECTION 5. Sections 143.120(f) and (g), Local Government
4-19 Code, are amended to read as follows:
4-20 (f) If the department head intentionally or knowingly
4-21 refuses, for at least 10 days, to obey an order to reinstate a fire
4-22 fighter or police officer, the municipality's chief executive or
4-23 governing body shall discharge the department head from employment
4-24 with the municipality.
4-25 (g) If a department head [intentionally] refuses to obey a
4-26 lawful commission order of reinstatement, the commission may punish
4-27 the department head for contempt. The commission has the same
5-1 authority to punish for contempt as has a justice of the peace.
5-2 SECTION 6. Section 143.1215(a), Local Government Code, is
5-3 amended to read as follows:
5-4 (a) If the commission, a hearing examiner, or a district
5-5 court orders that a fire fighter or police officer suspended
5-6 without pay be reinstated, the municipality shall, before the end
5-7 of the second full pay period after the date the person is
5-8 reinstated, repay to the fire fighter or police officer [person]
5-9 all wages the fire fighter or police officer would have received
5-10 from the municipality had the municipality not suspended the fire
5-11 fighter or police officer [lost as a result of the suspension].
5-12 SECTION 7. Section 143.123(a), Local Government Code, is
5-13 amended by amending Subdivision (1) and adding Subdivision (6) to
5-14 read as follows:
5-15 (1) "Complainant" means an individual alleging [a
5-16 person claiming to be the victim of] misconduct by a fire fighter
5-17 or police officer directed against the individual of which the
5-18 individual has direct personal knowledge.
5-19 (6) "Interrogation" means an order, request, or demand
5-20 by an investigator directing a fire fighter or police officer to
5-21 respond, verbally or in writing, to allegations of misconduct by
5-22 the fire fighter or police officer.
5-23 SECTION 8. Sections 143.123(c), (f), and (k), Local
5-24 Government Code, are amended to read as follows:
5-25 (c) The department head may not consider work time missed
5-26 from regular duties by a fire fighter or police officer due to
5-27 participation in the conduct of an investigation in determining
6-1 whether to impose a punitive action or in determining the severity
6-2 of a punitive action. Participation in the conduct of an
6-3 investigation includes a reasonable amount of time to confer with
6-4 legal counsel regarding the investigation.
6-5 (f) In addition to the documents that must be provided under
6-6 Section 143.058, before [Before] an investigator may interrogate a
6-7 fire fighter or police officer who is the subject of an
6-8 investigation, the investigator must inform the fire fighter or
6-9 police officer in writing of the nature of the investigation and
6-10 the name of each complainant [person who complained about the fire
6-11 fighter or police officer concerning the matters under
6-12 investigation]. An investigator may not conduct an interrogation
6-13 of a fire fighter or police officer based on a complaint by a
6-14 complainant [who is not a peace officer] unless the complainant
6-15 verifies the complaint in writing before a public officer who is
6-16 authorized by law to take statements under oath. [In an
6-17 investigation authorized under this subsection, an investigator may
6-18 interrogate a fire fighter or police officer about events or
6-19 conduct reported by a witness who is not a complainant without
6-20 disclosing the name of the witness. Not later than the 48th hour
6-21 before the hour on which an investigator begins to interrogate a
6-22 fire fighter or police officer regarding an allegation based on a
6-23 complaint, affidavit, or statement, the investigator shall give the
6-24 fire fighter or police officer a copy of the affidavit, complaint,
6-25 or statement.] An interrogation may be based on a complaint from
6-26 an anonymous complainant if the departmental employee receiving the
6-27 anonymous complaint certifies in writing, under oath, that the
7-1 complaint was anonymous. This subsection does not apply to an
7-2 on-the-scene investigation that occurs immediately after an
7-3 incident being investigated if the limitations of this subsection
7-4 or of Section 143.058 would unreasonably hinder the essential
7-5 purpose of the investigation or interrogation. If the limitation
7-6 would hinder the investigation or interrogation, the fire fighter
7-7 or police officer under investigation must be furnished with, as
7-8 soon as practicable, a written statement of the nature of the
7-9 investigation, including the misconduct alleged;[,] the name of
7-10 each complaining party;[,] and each [the] complaint, affidavit, or
7-11 statement.
7-12 (k) If the department head or any investigator violates any
7-13 of the provisions of this section while conducting an
7-14 investigation, the commission [municipality] shall reverse any
7-15 punitive action taken pursuant to the investigation including a
7-16 reprimand, and any information obtained during the investigation
7-17 shall be specifically excluded from introduction into evidence in
7-18 any proceeding against the fire fighter or police officer. A
7-19 department head may not adopt, certify, or validate a complaint
7-20 that is not verified by the nonanonymous complainant or, if the
7-21 complaint is anonymous, certified in writing by the departmental
7-22 employee who received the anonymous complaint. An investigator
7-23 violates this section if the investigator conducts an interrogation
7-24 of a fire fighter or police officer based on a complaint by:
7-25 (1) a nonanonymous complainant who has not verified
7-26 the complaint in writing before a public officer authorized by law
7-27 to take statements under oath; or
8-1 (2) an anonymous complainant if the departmental
8-2 employee receiving the anonymous complaint has not certified in
8-3 writing, under oath, that the complaint was anonymous.
8-4 SECTION 9. Section 143.128, Local Government Code, is
8-5 amended by adding Subsection (f) to read as follows:
8-6 (f) If a meeting is not timely arranged under Subsection (b)
8-7 or if a written response is not timely provided to the fire
8-8 fighter or police officer under Subsection (d), the grievance shall
8-9 be upheld in its entirety without further processing of the
8-10 grievance.
8-11 SECTION 10. Section 143.129, Local Government Code, is
8-12 amended by adding Subsection (e) to read as follows:
8-13 (e) If a meeting is not timely arranged under Subsection (b)
8-14 or if a written response is not timely provided to the fire fighter
8-15 or police officer under Subsection (c), the grievance shall be
8-16 upheld in its entirety without further processing of the grievance.
8-17 SECTION 11. Section 143.130, Local Government Code, is
8-18 amended by adding Subsection (f) to read as follows:
8-19 (f) If a hearing is not timely arranged under Subsection (b)
8-20 or if written findings and a recommendation are not timely made
8-21 under Subsection (d), the grievance shall be upheld in its entirety
8-22 without further processing of the grievance.
8-23 SECTION 12. Section 143.134(h), Local Government Code, is
8-24 amended to read as follows:
8-25 (h) If the decision of the commission under Section 143.131
8-26 or the decision of a hearing examiner under Section 143.129 that
8-27 has become final is favorable to a fire fighter or police officer,
9-1 the department head shall implement the relief granted to the fire
9-2 fighter or police officer not later than the 10th calendar day
9-3 after the date on which the decision was issued. If the department
9-4 head intentionally fails to implement the relief within the 10-day
9-5 period, the municipality shall pay the fire fighter or police
9-6 officer $1,000 for each day after the 10-day period that the
9-7 decision is not yet implemented.
9-8 SECTION 13. This Act takes effect September 1, 1997, and
9-9 applies only to an action taken in regard to a complaint filed on
9-10 or after the effective date of this Act. An action taken in regard
9-11 to a complaint filed before the effective date of this Act is
9-12 governed by the law in effect on the day the complaint was filed,
9-13 and the former law is continued in effect for this purpose.
9-14 SECTION 14. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.