By: Gallegos S.B. No. 1783 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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. Section 143.135, Local Government Code, is added 1-5 to read as follows: 1-6 Section 143.135. Mediation and its Effect on Time Schedules 1-7 for Appeals. 1-8 (a) The police department head shall have the authority to 1-9 develop and implement an alternative means of resolution of police 1-10 officer discipline and training through a program of mediation. In 1-11 order to retain the benefits of such an effective alternative 1-12 approach, all timing dates and deadlines for (i) the imposition of 1-13 discipline under Section 143.117 and Section 143.119; (ii) appeals 1-14 under Section 143.120, Section 143.127, Section 143.134, and 1-15 Section 143.1016; and (iii) appeals to the Civil Service Commission 1-16 under Section 143.1015 shall be tolled for the period of time from 1-17 the date the matter is received by the alternative dispute 1-18 resolution unit until its completion with or without a written 1-19 resolution, or its referral to another investigatory/grievance 1-20 process, but no more than 60 days, whichever occurs first. All 1-21 other time frames and deadlines remain unchanged as required by 1-22 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 to 2-10 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 materials 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. 2-26 (3) With the exception set out in (b)(1)(ii) of this 3-1 subsection, a mediator may not be required to testify in a 3-2 proceeding concerning information relating to or arising out of the 3-3 mediation. 3-4 (4) With the exception set out in Section 2008.053 of 3-5 the Government Code, all mediations that are resolved to a final 3-6 agreement will be confidential to the extent allowed by law. 3-7 (c) from the inception through actual mediation, all 3-8 meetings or other procedures are exempt from the 48 hours or other 3-9 notice requirements mandated by this Chapter. 3-10 SECTION 2. This Act takes effect September 1, 1999. 3-11 SECTION 3. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended.