1-1 By: Gallegos S.B. No. 1786 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 7, 1999, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 7, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1786 By: Ellis 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to appeals by terminated sheriff's department employees in 1-11 certain counties to an independent third party hearing examiner. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 158, Local Government Code, 1-14 is amended by adding Section 158.0355 to read as follows: 1-15 Sec. 158.0355. HEARING EXAMINERS. (a) This section applies 1-16 only to a county with a population of 2.8 million or more. 1-17 (b) A letter of disciplinary action must be issued to an 1-18 employee who is terminated for a violation of a commission rule. 1-19 The letter must state that, in an appeal of the termination, the 1-20 appealing employee may elect to appeal to an independent third 1-21 party hearing examiner instead of to the commission. The letter 1-22 must also state that if the employee elects to appeal to a hearing 1-23 examiner the person waives all rights to appeal to a district court 1-24 except as provided by Subsection (k). 1-25 (c) To exercise the choice of appealing to a hearing 1-26 examiner, the appealing employee must submit to the chairman of the 1-27 commission a written request as part of the employee's original 1-28 notice of appeal stating the person's decision to appeal to an 1-29 independent third party hearing examiner. 1-30 (d) The hearing examiner's decision is final and binding on 1-31 all parties. If the employee decides to appeal to an independent 1-32 third party hearing examiner, the person automatically waives all 1-33 rights to appeal to a district court except as provided by 1-34 Subsection (k). 1-35 (e) If the appealing employee chooses to appeal to a hearing 1-36 examiner, the employee and the sheriff, or their designees, shall 1-37 first attempt to agree on the selection of an impartial hearing 1-38 examiner. If the parties do not agree on the selection of a 1-39 hearing examiner on or within 10 days after the date the appeal is 1-40 filed, the chairman of the commission shall immediately request a 1-41 list of seven qualified neutral arbitrators from the American 1-42 Arbitration Association or the Federal Mediation and Conciliation 1-43 Service, or their successors in function. The employee and the 1-44 sheriff, or their designees, may agree on one of the seven neutral 1-45 arbitrators on the list. If they do not agree within five working 1-46 days after the date they received the list, each party or the 1-47 party's designee shall alternate striking a name from the list and 1-48 the name remaining is the hearing examiner. The parties or their 1-49 designees shall agree on a date for the hearing. 1-50 (f) The appeal hearing shall begin as soon as the hearing 1-51 examiner can be scheduled. If the hearing examiner cannot begin 1-52 the hearing within 45 calendar days after the date of selection, 1-53 the employee may, within two days after the date the employee 1-54 learns of that fact, call for the selection of a new hearing 1-55 examiner using the procedure prescribed by Subsection (e). 1-56 (g) In each hearing conducted under this section, the 1-57 hearing examiner has the same duties and powers as the commission. 1-58 The hearing examiner may issue subpoenas. 1-59 (h) In a hearing conducted under this section, the parties 1-60 may agree to an expedited hearing procedure. Unless otherwise 1-61 agreed by the parties, in an expedited procedure the hearing 1-62 examiner shall render a decision on the appeal within 10 days after 1-63 the date the hearing ends. 1-64 (i) In an appeal that does not involve an expedited hearing 2-1 procedure, the hearing examiner shall make a reasonable effort to 2-2 render a decision on the appeal within 30 days after the date the 2-3 hearing ends or the briefs are filed. The hearing examiner's 2-4 inability to meet the time requirements imposed by this section 2-5 does not affect the hearing examiner's jurisdiction, the validity 2-6 of the disciplinary action, or the hearing examiner's final 2-7 decision. 2-8 (j) The hearing examiner's fees and expenses are shared 2-9 equally by the appealing employee and by the department. The costs 2-10 of a witness are paid by the party who calls the witness. 2-11 (k) A district court may hear an appeal of a hearing 2-12 examiner's award only on the grounds that the hearing examiner was 2-13 without jurisdiction or exceeded the hearing examiner's 2-14 jurisdiction or that the order was procured by fraud, collusion, or 2-15 other unlawful means. An appeal must be brought in the district 2-16 court having jurisdiction in the county in which the department is 2-17 located. 2-18 SECTION 2. This Act takes effect September 1, 1999. Section 2-19 158.0355, Local Government Code, as added by this Act, applies only 2-20 to an appeal of a termination regarding which the terminated 2-21 employee is sent the letter of disciplinary action on or after that 2-22 date. 2-23 SECTION 3. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended. 2-28 * * * * *