SRC-JXG C.S.S.B. 1786 76(R)BILL ANALYSIS
Senate Research CenterC.S.S.B. 1786
76R14383 BDH-FBy: Gallegos
Intergovernmental Relations
5/6/1999
Committee Report (Substituted)
DIGEST
Currently, the Harris County Civil Service Commission takes at least 18
months to two years to hear a case. This delay is the result of backlogged
cases. In termination cases, this delay places the lives of firefighters
and police officers on hold and causes them a financial hardship while they
await a resolution of their appeal. Since 1987, Houston has used
independent third party examiners to hear cases of suspension, promotional
passover, demotion, or termination of fire fighters and police officers.
C.S.S.B. 1786 would allow an independent third party hearing examiner to
only hear appeals of termination cases for sheriff's deputies in Harris
County.
PURPOSE
As proposed, C.S.S.B. 1786 sets forth provisions for independent third
party hearing examiners.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 158B, Local Government Code, by adding Section
158.0355, as follows:
Sec. 158.0355. HEARING EXAMINERS. (a) Provides that this section applies
only to a county with a population of 2.8 million or more.
(b) Requires a letter of disciplinary action to be issued to an employee
who is terminated for a violation of a sheriff's department civil service
commission (commission) rule. Requires the letter to state that in an
appeal of the termination, the appealing employee may elect to appeal to an
independent third party hearing examiner instead of the commission.
Requires the letter to also state that if the employee elects to appeal to
a hearing examiner, the person waives all rights to appeal to a district
court except as provided by Subsection (k).
(c) Requires the appealing employee to submit to the chairman of the
commission a written request as part of the employee's original notice of
appeal stating the person's decision to appeal to an independent third
party hearing examiner, to exercise the choice of appealing to a hearing
examiner.
(d) Provides that the hearing examiner's decision is final and binding on
all parties. Provides that the person automatically waives all rights to
appeal to a district court except as provided by Subsection (k), if the
employee decides to appeal to an independent third party hearing examiner.
(e) Requires the employee and the sheriff, or their designees, to first
attempt to agree on the selection of an impartial hearing examiner, if the
appealing employee chooses to appeal to a hearing examiner. Requires the
chairman of the commission to immediately request a list of seven qualified
neutral arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service, or their successors in
function, if the parties do not agree on the selection of a hearing
examiner on or within 10 days after the appeal is filed. Authorizes the
employee and the sheriff, or their designees, to agree on one of the seven
neutral arbitrators on the list. Requires each party or the party's
designee to alternate striking a name from the list and the name remaining
is the hearing examiner, if they do not agree within five working days
after the date they received the list. Requires the party or their
designees to agree on a date for the hearing.
(f) Requires the appeal hearing to begin as soon as the hearing examiner
can be scheduled. Authorizes the employee, within two days after the date
the employee learns of that fact, to call for the selection of a new
hearing examiner using the procedure prescribed by Subsection (e), if the
hearing examiner cannot begin the hearing within 45 calendar days after the
date of selection.
(g) Provides that the hearing examiner has the same duties and powers as
the commission, in each hearing conducted under this section. Authorizes
the hearing examiner to issue subpoenas.
(h) Authorizes the parties to agree to an expedited hearing procedure, in a
hearing conducted under this section. Requires in an expedited procedure
the hearing examiner to render a decision on the appeal within 10 days
after the date the hearing ends, unless otherwise agreed by the parties.
(i) Requires the hearing examiner to make a reasonable effort to render a
decision on the appeal within 30 days after the date the hearing ends or
the briefs are filed, in an appeal that does not involve an expedited
hearing procedure. Provides that the hearing examiner's inability to meet
the requirements imposed by this section does not affect the hearing
examiner's jurisdiction, the validity of the disciplinary action, or the
hearing examiner's final decision.
(j) Provides that the hearing examiner's fees and expenses are shared
equally by the appealing employee and by the sheriff's department
(department). Provides that the costs of a witness are paid by the party
who calls the witness.
(k) Authorizes a district court to hear an appeal of a hearing examiner's
award only on the grounds that the hearing examiner was without
jurisdiction or exceeded the hearing examiner's jurisdiction or that the
order was procured by fraud, collusion, or other unlawful means. Requires
an appeal to be brought in the district court having jurisdiction in the
county in which the department is located.
SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 3. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
Relating clause.
Amends the relating clause to relating to appeals by terminated sheriff's
department employees in certain counties to an independent third party
hearing examiner.
SECTION 1.
Amends Chapter 158B, Local Government Code, by adding Section 158.0355,
regarding hearing examiners. Deletes text regarding Section 158.0371,
Local Government Code.
SECTION 2.
Redesignates proposed SECTION 3 as SECTION 2. Adds a prospective clause.
SECTION 3.
Redesignates proposed SECTION 4 as SECTION 3. Deletes SECTION 4.