By: Gallegos S.B. No. 1783
A BILL TO BE ENTITLED
AN ACT
1-1 relating to police department mediation in certain municipalities
1-2 and its effect on time schedules for appeals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter G, Chapter 143, Local Government Code,
1-5 is amended by adding Section 143.135 to read as follows:
1-6 Sec. 143.135. MEDIATION AND ITS EFFECT ON TIME SCHEDULES FOR
1-7 APPEALS. (a) The police department head shall have the authority
1-8 to develop and implement an alternative means of resolution of
1-9 police officer discipline and training through a program of
1-10 mediation. In order to retain the benefits of such an effective
1-11 alternative approach, all timing dates and deadlines for (i) the
1-12 imposition of discipline under Sections 143.117 and 143.119; (ii)
1-13 appeals under Sections 143.118, 143.120, 143.127, 143.134, and
1-14 143.1016; and (iii) appeals to the commission under Section
1-15 143.1015 shall be tolled for the period of time from the date the
1-16 matter is received by the alternative dispute resolution unit until
1-17 its completion, with or without a written resolution, or its
1-18 referral to another investigatory or grievance process, but no more
1-19 than 60 days, whichever occurs first. All other time frames and
1-20 deadlines remain unchanged as required by this chapter.
1-21 (b)(1) All mediations shall be conducted in accordance with
1-22 state law and police department rules and guidelines. Accordingly,
1-23 all communications, records, conduct, and demeanor of the mediator
1-24 or the parties are confidential.
2-1 (2) Any letter, memorandum, document, note, or other
2-2 communication, oral or written, relevant to the dispute made
2-3 between the mediator and the parties to the dispute or between the
2-4 parties to the dispute during the course of the mediation procedure
2-5 is confidential and may not be disclosed unless (i) all parties to
2-6 the dispute consent in writing to the disclosure or (ii) the
2-7 communication is an admission made directly to the mediator by a
2-8 party to the dispute of criminal activity committed by the party
2-9 making the admission.
2-10 (3) Any letter, memorandum, document, note, or other
2-11 communication, oral or written, relevant to and made during the
2-12 course of the mediation procedure is admissible and discoverable in
2-13 another separate proceeding only if it is admissible and
2-14 discoverable independent of the mediation. If this subsection
2-15 conflicts with other legal requirements for disclosure of
2-16 communications or materials, the issue of confidentiality may be
2-17 presented to a court having jurisdiction over the proceedings to
2-18 determine, in camera, whether the facts, circumstances, and context
2-19 of the communications or materials sought to be disclosed warrant a
2-20 protective order of the court or whether the communications or
2-21 materials are subject to disclosure.
2-22 (4) With the exception set out in Subdivision (2)(ii),
2-23 a mediator may not be required to testify in a proceeding
2-24 concerning information relating to or arising out of the mediation.
2-25 (5) With the exception set out in Section 2008.053,
2-26 Government Code, as added by Chapter 934, Acts of the 75th
3-1 Legislature, Regular Session, 1997, all mediations that are
3-2 resolved to a final agreement will be confidential to the extent
3-3 allowed by law.
3-4 (c) From the inception through actual mediation, all
3-5 meetings or other procedures are exempt from the 48-hour or other
3-6 notice requirements mandated by this chapter.
3-7 SECTION 2. This Act takes effect September 1, 1999.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.