By: Gallegos S.B. No. 1786
A BILL TO BE ENTITLED
AN ACT
1-1 relating to appeals by terminated sheriff's department employees in
1-2 certain counties to an independent third party hearing examiner.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 158, Local Government Code,
1-5 is amended by adding Section 158.0355 to read as follows:
1-6 Sec. 158.0355. HEARING EXAMINERS. (a) This section applies
1-7 only to a county with a population of 2.8 million or more.
1-8 (b) A letter of disciplinary action must be issued to an
1-9 employee who is terminated for a violation of a commission rule.
1-10 The letter must state that, in an appeal of the termination, the
1-11 appealing employee may elect to appeal to an independent third
1-12 party hearing examiner instead of to the commission. The letter
1-13 must also state that if the employee elects to appeal to a hearing
1-14 examiner the person waives all rights to appeal to a district court
1-15 except as provided by Subsection (k).
1-16 (c) To exercise the choice of appealing to a hearing
1-17 examiner, the appealing employee must submit to the chairman of the
1-18 commission a written request as part of the employee's original
1-19 notice of appeal stating the person's decision to appeal to an
1-20 independent third party hearing examiner.
1-21 (d) The hearing examiner's decision is final and binding on
1-22 all parties. If the employee decides to appeal to an independent
1-23 third party hearing examiner, the person automatically waives all
1-24 rights to appeal to a district court except as provided by
2-1 Subsection (k).
2-2 (e) If the appealing employee chooses to appeal to a hearing
2-3 examiner, the employee and the sheriff, or their designees, shall
2-4 first attempt to agree on the selection of an impartial hearing
2-5 examiner. If the parties do not agree on the selection of a
2-6 hearing examiner on or within 10 days after the date the appeal is
2-7 filed, the chairman of the commission shall immediately request a
2-8 list of seven qualified neutral arbitrators from the American
2-9 Arbitration Association or the Federal Mediation and Conciliation
2-10 Service, or their successors in function. The employee and the
2-11 sheriff, or their designees, may agree on one of the seven neutral
2-12 arbitrators on the list. If they do not agree within five working
2-13 days after the date they received the list, each party or the
2-14 party's designee shall alternate striking a name from the list and
2-15 the name remaining is the hearing examiner. The parties or their
2-16 designees shall agree on a date for the hearing.
2-17 (f) The appeal hearing shall begin as soon as the hearing
2-18 examiner can be scheduled. If the hearing examiner cannot begin
2-19 the hearing within 45 calendar days after the date of selection,
2-20 the employee may, within two days after the date the employee
2-21 learns of that fact, call for the selection of a new hearing
2-22 examiner using the procedure prescribed by Subsection (e).
2-23 (g) In each hearing conducted under this section, the
2-24 hearing examiner has the same duties and powers as the commission.
2-25 The hearing examiner may issue subpoenas.
2-26 (h) In a hearing conducted under this section, the parties
3-1 may agree to an expedited hearing procedure. Unless otherwise
3-2 agreed by the parties, in an expedited procedure the hearing
3-3 examiner shall render a decision on the appeal within 10 days after
3-4 the date the hearing ends.
3-5 (i) In an appeal that does not involve an expedited hearing
3-6 procedure, the hearing examiner shall make a reasonable effort to
3-7 render a decision on the appeal within 30 days after the date the
3-8 hearing ends or the briefs are filed. The hearing examiner's
3-9 inability to meet the time requirements imposed by this section
3-10 does not affect the hearing examiner's jurisdiction, the validity
3-11 of the disciplinary action, or the hearing examiner's final
3-12 decision.
3-13 (j) The hearing examiner's fees and expenses are shared
3-14 equally by the appealing employee and by the department. The costs
3-15 of a witness are paid by the party who calls the witness.
3-16 (k) A district court may hear an appeal of a hearing
3-17 examiner's award only on the grounds that the hearing examiner was
3-18 without jurisdiction or exceeded the hearing examiner's
3-19 jurisdiction or that the order was procured by fraud, collusion, or
3-20 other unlawful means. An appeal must be brought in the district
3-21 court having jurisdiction in the county in which the department is
3-22 located.
3-23 SECTION 2. This Act takes effect September 1, 1999. Section
3-24 158.0355, Local Government Code, as added by this Act, applies only
3-25 to an appeal of a termination regarding which the terminated
3-26 employee is sent the letter of disciplinary action on or after that
4-1 date.
4-2 SECTION 3. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.