By Yarbrough H.B. No. 1644
77R4697 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grievance procedures for certain county law enforcement
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 158, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. GRIEVANCE PROCEDURES FOR LAW ENFORCEMENT OFFICERS
1-8 IN CERTAIN COUNTIES
1-9 Sec. 158.051. COUNTIES COVERED BY THIS SUBCHAPTER. This
1-10 subchapter applies only to a county with a population of 2.8
1-11 million or more.
1-12 Sec. 158.052. DEFINITIONS. In this subchapter:
1-13 (1) "County law enforcement officer" means a deputy
1-14 sheriff or other peace officer or a jailer employed in the
1-15 sheriff's department.
1-16 (2) "Department" means the sheriff's department.
1-17 (3) "Director" means the director of the civil service
1-18 system established under Subchapter B.
1-19 Sec. 158.053. GRIEVANCE PROCEDURE. (a) A county law
1-20 enforcement officer may file a grievance as provided by this
1-21 subchapter. The officer may file a grievance relating to aspects
1-22 of the person's employment, such as a written or oral reprimand,
1-23 transfer, job performance review, or job assignment. The officer
1-24 may not file a grievance relating to:
2-1 (1) a disciplinary suspension, an indefinite
2-2 suspension, a promotional passover, a demotion, or an action or
2-3 decision for which a hearing, review, or appeal is otherwise
2-4 provided; or
2-5 (2) an allegation of discrimination based, in whole or
2-6 in part, on race, color, religion, sex, or national origin.
2-7 (b) The director shall monitor and assist the operation of
2-8 the grievance procedure prescribed by this subchapter. The
2-9 director's duties include:
2-10 (1) aiding the department and departmental grievance
2-11 counselors;
2-12 (2) notifying the parties of meetings;
2-13 (3) docketing cases before the grievance examiner; and
2-14 (4) ensuring that the grievance procedure operates
2-15 timely and effectively.
2-16 (c) The department head shall appoint from among the members
2-17 of the department a grievance counselor whose duties include:
2-18 (1) providing appropriate grievance forms to a county
2-19 law enforcement officer;
2-20 (2) accepting, on behalf of the department head, a
2-21 step I or II grievance;
2-22 (3) assisting the officer in handling the grievance;
2-23 (4) forwarding a copy of a step I or II grievance form
2-24 to the director and notifying the department head;
2-25 (5) arranging a meeting between the officer and that
2-26 person's immediate supervisor as prescribed by Section 158.054(b);
2-27 (6) arranging the meeting between the officer and the
3-1 department head or the department head's designated representative
3-2 as prescribed by Section 158.055(b); and
3-3 (7) performing duties the department head may assign.
3-4 (d) The grievance procedure is governed by this subchapter
3-5 and consists of four steps. In any step of the grievance process
3-6 in which the aggrieved county law enforcement officer's immediate
3-7 supervisor is included, the department head or the departmental
3-8 grievance counselor may:
3-9 (1) designate and include in the process another
3-10 appropriate supervisor who is not the officer's immediate
3-11 supervisor; or
3-12 (2) designate the other supervisor to replace the
3-13 person's immediate supervisor, if the department head or grievance
3-14 counselor determines the other supervisor has the authority to
3-15 resolve the person's grievance.
3-16 Sec. 158.054. STEP I GRIEVANCE PROCEDURE. (a) To begin a
3-17 grievance action, a county law enforcement officer must file a
3-18 completed written step I grievance form with the person's
3-19 department head or departmental grievance counselor within 30
3-20 calendar days after the date the action or inaction for which the
3-21 person feels aggrieved occurred. A step I grievance form may be
3-22 obtained from the departmental grievance counselor. If the form is
3-23 not timely filed, the grievance is waived.
3-24 (b) If the form is timely filed, the departmental grievance
3-25 counselor shall arrange a meeting between the county law
3-26 enforcement officer, that person's immediate supervisor or other
3-27 appropriate supervisor, or both, and the person or persons against
4-1 whom the grievance is lodged. The departmental grievance counselor
4-2 shall schedule the step I meeting within 30 calendar days after the
4-3 date the grievance is filed. If the grievance is lodged against the
4-4 department head, the department head may send a representative.
4-5 (c) The county law enforcement officer's immediate
4-6 supervisor or other appropriate supervisor, or both, shall fully,
4-7 candidly, and openly discuss the grievance with the officer in a
4-8 sincere attempt to resolve the grievance.
4-9 (d) Regardless of the outcome of the meeting, the county law
4-10 enforcement officer's immediate supervisor or other appropriate
4-11 supervisor, or both, shall provide a written response to the
4-12 officer and a copy to the grievance counselor within 15 calendar
4-13 days after the date the meeting occurs. The response must include
4-14 the supervisor's evaluation and proposed resolution. The response
4-15 shall either be personally delivered to the officer or be mailed by
4-16 certified mail, return receipt requested, to the last home address
4-17 provided by that person.
4-18 (e) If the proposed resolution is unacceptable, the county
4-19 law enforcement officer may file a step II grievance form with the
4-20 department head or the departmental grievance counselor in
4-21 accordance with Section 158.055. If the aggrieved officer fails to
4-22 timely file a step II grievance form, the resolution is considered
4-23 accepted.
4-24 Sec. 158.055. STEP II GRIEVANCE PROCEDURE. (a) To continue
4-25 the grievance procedure, the county law enforcement officer must
4-26 complete a step II grievance form and file it with the department
4-27 head or the departmental grievance counselor within 15 calendar
5-1 days after the date the officer receives the supervisor's response
5-2 under Section 158.054.
5-3 (b) The departmental grievance counselor shall arrange a
5-4 meeting between the county law enforcement officer, that person's
5-5 immediate supervisor or other appropriate supervisor, or both, and
5-6 the department head or the department head's representative. The
5-7 department head's representative must have a rank of a position
5-8 immediately below the sheriff. The meeting shall be held within 15
5-9 calendar days after the date the step II grievance form is filed
5-10 under Subsection (a).
5-11 (c) Regardless of the outcome of the meeting, the department
5-12 head or the department head's representative shall provide a
5-13 written response to the county law enforcement officer within 15
5-14 calendar days after the date the meeting occurs. The response
5-15 shall either be personally delivered to the officer or mailed by
5-16 certified mail, return receipt requested, to the last home address
5-17 provided by that person.
5-18 (d) If the proposed resolution is unacceptable, the county
5-19 law enforcement officer may either submit to the director a written
5-20 request stating the person's decision to appeal to an independent
5-21 third party hearing examiner or to file a step III grievance form
5-22 with the director in accordance with Section 158.056. If the
5-23 officer fails to timely file a step III grievance form or a written
5-24 request to appeal to a hearing examiner, the resolution is
5-25 considered accepted. With regard to an appeal to an independent
5-26 third party hearing examiner, all affected persons shall follow
5-27 procedures, modified as practicable, like those applying to a
6-1 firefighter or police officer under Section 143.057.
6-2 (e) If the county law enforcement officer prevails and the
6-3 hearing examiner upholds the grievance in its entirety, the
6-4 department shall bear the cost of the appeal to the hearing
6-5 examiner. If the officer fails to prevail and the hearing examiner
6-6 denies the grievance in its entirety, the officer shall bear the
6-7 cost of the appeal to the hearing examiner. If neither party
6-8 entirely prevails and the hearing examiner upholds part of the
6-9 grievance and denies part of it, the hearing examiner's fees and
6-10 expenses shall be shared equally by the officer and the department.
6-11 Sec. 158.056. STEP III GRIEVANCE PROCEDURE. (a) To continue
6-12 the grievance procedure, the county law enforcement officer must
6-13 complete a step III grievance form and file it with the director
6-14 within 15 calendar days after the date the officer receives the
6-15 department head's response under Section 158.055.
6-16 (b) The director shall arrange a hearing of the county law
6-17 enforcement officer with a grievance examiner to be appointed by
6-18 the commission under Section 158.058. The hearing shall be held
6-19 within 15 of the aggrieved officer's working days after the date
6-20 the step III grievance form is filed under Subsection (a).
6-21 (c) A hearing shall be conducted as an informal
6-22 administrative procedure. Grievances arising out of the same or
6-23 similar factual situations may be heard at the same hearing. A
6-24 court reporter shall record the hearing. All witnesses shall be
6-25 examined under oath. The county law enforcement officer, that
6-26 person's immediate supervisor or other appropriate supervisor, or
6-27 both, the department head or the department head's designated
7-1 representative, or both, and each person specifically named in the
7-2 grievance are parties to the hearing. The burden of proof is on
7-3 the aggrieved officer.
7-4 (d) The grievance examiner shall make written findings and a
7-5 recommendation for resolution of the grievance within 15 calendar
7-6 days after the date the hearing ends. The findings and
7-7 recommendation shall be given to the commission and copies mailed
7-8 to the county law enforcement officer by certified mail, return
7-9 receipt requested, at the last home address provided by that
7-10 person, and to the department head.
7-11 (e) If the proposed resolution is unacceptable to either the
7-12 county law enforcement officer or the department head, either party
7-13 may file a step IV grievance form with the director in accordance
7-14 with Section 158.057. If the officer and the department head do
7-15 not timely file a step IV grievance form, the resolution is
7-16 considered accepted.
7-17 Sec. 158.057. STEP IV GRIEVANCE PROCEDURE. (a) If the
7-18 department head or the county law enforcement officer rejects the
7-19 proposed resolution under Section 158.056, the department head, the
7-20 department head's designated representative, or the officer must
7-21 complete a step IV grievance form and file it with the director
7-22 within 15 calendar days after the date the person receives the
7-23 grievance examiner's recommendation.
7-24 (b) The commission shall review the grievance examiner's
7-25 findings and recommendation and consider the transcript of the step
7-26 III hearing at the commission's next regularly scheduled meeting or
7-27 as soon as practicable. The transcript shall be filed within 30
8-1 calendar days after the date the step IV grievance is filed. The
8-2 commission may for good cause shown grant a reasonable delay not to
8-3 exceed 30 days to file the transcript. The commission may not
8-4 render a decision later than the 30th calendar day after the date
8-5 the transcript is filed. If the commission does not timely render a
8-6 decision, the commission shall sustain the county law enforcement
8-7 officer's grievance.
8-8 (c) The commission shall base its decision solely on the
8-9 transcript and demonstrative evidence offered and accepted at the
8-10 step III hearing. The commission shall furnish a written copy of
8-11 the order containing its decision to the county law enforcement
8-12 officer, the department head, and the grievance examiner. The copy
8-13 to the officer shall be mailed by certified mail, return receipt
8-14 requested, to the last home address provided by that person. The
8-15 commission's decision is final.
8-16 Sec. 158.058. GRIEVANCE EXAMINER. (a) The commission shall
8-17 appoint a grievance examiner by a majority vote. The commission
8-18 may appoint more than one grievance examiner if necessary. The
8-19 commission may appoint a different grievance examiner for each
8-20 grievance. An examiner may not be affiliated with any other county
8-21 department and is responsible only to the commission. The
8-22 commission shall pay an examiner from a special budget established
8-23 for this purpose, and the director shall provide an examiner
8-24 sufficient office space and clerical support.
8-25 (b) The grievance examiner may:
8-26 (1) impose a reasonable limit on the time allowed each
8-27 party and the number of witnesses to be heard;
9-1 (2) administer oaths;
9-2 (3) examine a witness under oath;
9-3 (4) subpoena and require the attendance or production
9-4 of witnesses, documents, books, or other pertinent material; and
9-5 (5) accept affidavits instead of or in addition to
9-6 live testimony.
9-7 Sec. 158.059. SPECIAL PROVISIONS FOR STEPS I AND II. (a) If
9-8 the aggrieved county law enforcement officer's immediate supervisor
9-9 is the department head, the steps prescribed by Sections 158.054
9-10 and 158.055 are combined. The department head shall meet with the
9-11 aggrieved officer and may not appoint a representative.
9-12 (b) A department head, with the approval of the commission,
9-13 may change the procedure prescribed by Sections 158.054 and 158.055
9-14 to reflect a change in a department's chain of command.
9-15 Sec. 158.060. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) A
9-16 county law enforcement officer may appear on the officer's own
9-17 behalf or may obtain a representative at any time during the
9-18 grievance procedure. The county is not obligated to provide or pay
9-19 the costs of providing representation. The representative:
9-20 (1) is not required to be an attorney;
9-21 (2) is entitled to be present to advise the officer;
9-22 (3) is entitled to present any evidence or information
9-23 for the officer; and
9-24 (4) may not be prevented from fully participating in
9-25 any of the grievance proceedings.
9-26 (b) A county law enforcement officer may take reasonable
9-27 time off from a job assignment to file a grievance and attend a
10-1 meeting or hearing. Time taken to pursue a grievance may not be
10-2 charged against that person. The officer shall be compensated on an
10-3 overtime basis for the time that person spends at a grievance
10-4 meeting or hearing if:
10-5 (1) the meeting or hearing is scheduled at a time
10-6 other than that person's normally assigned working hours; and
10-7 (2) that person prevails in the grievance.
10-8 (c) If notice that a grievance meeting or hearing is to be
10-9 recorded is provided to all persons present at the meeting or
10-10 hearing, the county law enforcement officer, the department head,
10-11 or the department head's representative may record the meeting or
10-12 hearing.
10-13 (d) The director shall provide a suitable notice explaining
10-14 the grievance procedure prescribed by this subchapter and furnish
10-15 copies to the department. The department head shall post the
10-16 notices in one or more prominent places within the department work
10-17 areas to give reasonable notice of the grievance procedure to each
10-18 member of the department.
10-19 (e) At the request of the department head of a county law
10-20 enforcement officer who has filed a grievance under this
10-21 subchapter, the county's legal department or the director shall
10-22 assist in resolving the grievance.
10-23 (f) The director is the official final custodian of all
10-24 records involving grievances. A depository for closed files
10-25 regarding grievances shall be maintained in the civil service
10-26 department.
10-27 (g) A county law enforcement officer who files a grievance
11-1 under this subchapter is entitled to 48 hours notice of any meeting
11-2 or hearing scheduled under Section 158.054(b), 158.055(b),
11-3 158.056(b), or 158.057(b). In the event that the officer is not
11-4 given 48 hours advance notice, the officer's grievance shall be
11-5 automatically sustained and no further action may be had on the
11-6 grievance.
11-7 (h) If the decision of the commission under Section 158.057
11-8 or the decision of a hearing examiner under Section 158.055 that
11-9 has become final is favorable to a county law enforcement officer,
11-10 the department head shall implement the relief granted to the
11-11 officer not later than the 10th day after the date on which the
11-12 decision was issued. If the department head intentionally fails to
11-13 implement the relief within the 10-day period, the county shall pay
11-14 the officer $1,000 for each day after the 10-day period that the
11-15 decision is not yet implemented.
11-16 SECTION 2. The addition by this Act of Subchapter C, Chapter
11-17 158, Local Government Code, applies only to a grievance that arises
11-18 on or after the effective date of this Act. A grievance that
11-19 arises before the effective date of this Act is governed by the law
11-20 in effect at the time the grievance arises, and the former law is
11-21 continued in effect for that purpose.
11-22 SECTION 3. This Act takes effect September 1, 2001.