SRC-MWN S.B. 1009 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1009
77R6530 QS-FBy: Lucio
Education
3/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, faculty members may be called into meetings with high ranking
administrators of the institution of higher education in which they work
and be presented with issues which may result in adverse personnel action.
Oftentimes, the faculty member in question is called into the meeting
without receiving advance notice of or information relating to the content
of the meeting, even if such information is requested by the faculty
member. In some instances, when the faculty member arrives at the meeting,
several administrators, in addition to legal counsel, are present at the
meeting and verbal charges of misconduct or other charges which may result
in adverse action are presented to the faculty member. In these cases, if
the faculty member requests the opportunity to have a representative with
them, this representative is sometimes denied access to the meeting. As
proposed, S.B. 1009 requires notification in writing by the supervisor to
the faculty member not later than the fourth day before the date of the
meeting and that the faculty member be authorized to bring a representative
to the meeting. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51Z, Education Code, by adding Section 51.961, as
follows: 

Sec. 51.961. RIGHT OF FACULTY MEMBER TO REPRESENTATION IN PERSONNEL
MEETINGS. Defines "faculty member," "institution of higher education,"
"supervisor," and "personnel action." Provides that a faculty member
employed by an institution of higher education has the right to be
represented in a meeting with a supervisor or person designated by a
supervisor that relates to the faculty member's job performance and that
may result in an adverse personnel action or a recommendation related to
certain factors. Provides that the right to representation applies to any
meeting whose purpose is partially or wholly investigatory, regardless of
whether the faculty member is the subject of the investigation. Authorizes
the faculty member to select a person to serve as the faculty member's
representative. Authorizes the representative to be a person who is a
member of a labor organization that does not claim the right to strike.
Requires a supervisor or person designated by a supervisor to notify in
writing a faculty member who is directed to attend a meeting that may
result in an adverse personnel action or a recommendation related to an
adverse personnel action. Requires the faculty member to receive the notice
not later than the fourth day before the date of the meeting. Requires the
notice to state certain information. Provides that in a meeting to which
this section applies, the faculty member's representative has the right to
perform certain procedures. Provides that the right to representation under
this section does not extend to a routine meeting between a supervisor and
a faculty member that has no reasonably foreseeable possibility of
resulting in an adverse personnel action. Provides that a faculty member
has the right to receive notice of and be represented in a meeting that
relates in any way to the faculty member's state or federal employment
rights, regardless of whether a supervisor is present. Provides that
nothing in this section impairs the right of a faculty member  to present a
grievance under Section 51.960 (Grievance Rights on Certain Personnel
Issues) or other law. 

SECTION 2. Effective date: September 1, 2001