By Talton H.B. No. 3373
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to police department mediation in certain municipalities
1-3 and its effect on time schedules for appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.135, Local Government Code, is added
1-6 to read as follows:
1-7 Sec. 143.135. MEDIATION AND ITS EFFECT ON TIME SCHEDULES FOR
1-8 APPEALS. (a) The police department head shall have the authority
1-9 to develop and implement an alternative means of resolution of
1-10 police officer discipline and training through a program of
1-11 mediation. In order to retain the benefits of such an effective
1-12 alternative approach, all timing dates and deadlines for (i) the
1-13 imposition of discipline under Sections 143.117 and 143.119; (ii)
1-14 appeals under Sections 143.120, 143.127, 143.134, and 143.1016; and
1-15 (iii) appeals to the Civil Service Commission under Section
1-16 143.1015 shall be tolled for the period of time from the date the
1-17 matter is received by the alternative dispute resolution unit until
1-18 its completion with or without a written resolution, or its
1-19 referral to another investigatory/grievance process, but no more
1-20 that 60 days, whichever occurs first. All other time frames and
1-21 deadlines remain unchanged as required by this Chapter.
2-1 (b) All mediations shall be conducted in accordance with
2-2 State law and police department rules and guidelines. Accordingly,
2-3 all communications, records, conduct, and demeanor of the mediator
2-4 or the parties are confidential.
2-5 (1) Any letter, memorandum, document, notes or other
2-6 communications (oral or written) relevant to the dispute, made
2-7 between the mediator and the parties to the dispute, or between the
2-8 parties to the dispute during the course of the mediation procedure
2-9 are confidential and may not be disclosed unless (i) all parties
2-10 to the dispute consent in writing to the disclosure, or (ii) the
2-11 communication is an admission made directly to the mediator by a
2-12 party to the dispute of criminal activity committed by the party
2-13 making the admission.
2-14 (2) Any letter, memorandum, document, notes or other
2-15 communications (oral or written) relevant to and made during the
2-16 course of the mediation procedure are admissible and discoverable
2-17 in another separate proceeding only if they are admissible and
2-18 discoverable independent of the mediation. If this subsection
2-19 conflicts with other legal requirements for disclosure of
2-20 communications or materials, the issue of confidentiality may be
2-21 presented to a court having jurisdiction over the proceedings to
2-22 determine, in camera, whether the facts, circumstances, and context
2-23 of the communications or material sought to be disclosed warrant a
2-24 protective order of the court or whether the communications or
2-25 materials are subject to disclosure.
3-1 (3) With the exception set out in (b)(1)(ii) of this
3-2 subsection, a mediator may not be required to testify in an
3-3 proceedings concerning information relating to or arising out of
3-4 the mediation.
3-5 (4) With the exception set out in Section 2008.053 of
3-6 the Government Code, all mediations that are resolved to a final
3-7 agreement will be confidential to the extent allowed by law.
3-8 (c) from the inception through actual mediation, all
3-9 meetings or other procedures are exempt from the 48 hours or other
3-10 notice requirements mandated by this Chapter.
3-11 SECTION 2. This Act takes effect September 1, 1999.