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.