By Hodge H.B. No. 2883
77R3745 YDB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grievance procedures for certain municipal police
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 142, Local Government Code, is amended by
1-6 adding Sections 142.012, 142.013, 142.014, 142.015, 142.016,
1-7 142.017, 142.018, and 142.019 to read as follows:
1-8 Sec. 142.012. GRIEVANCE PROCEDURE. (a) This section and
1-9 Sections 142.013-142.019 apply only to a municipality with a
1-10 population of one million or more that has not adopted Chapter 143.
1-11 (b) A police officer may file a grievance as provided by
1-12 this chapter. The police officer may file a grievance relating to
1-13 aspects of the police officer's employment such as a written or
1-14 oral reprimand, transfer, job performance review, or job
1-15 assignment. The police officer may not file a grievance under this
1-16 chapter relating to:
1-17 (1) a disciplinary suspension, termination of
1-18 employment, a promotional pass over, a demotion, or an action or
1-19 decision for which the municipality provides a hearing, review, or
1-20 appeal under a local civil service system; or
1-21 (2) an allegation of discrimination based, in whole or
1-22 in part, on race, color, religion, sex, or national origin.
1-23 (c) The municipality shall designate a grievance director to
1-24 monitor and assist the operation of the grievance procedure
2-1 prescribed by this chapter. The grievance director's duties
2-2 include:
2-3 (1) aiding the department and departmental grievance
2-4 counselors;
2-5 (2) notifying the parties of meetings;
2-6 (3) docketing cases before the grievance examiner; and
2-7 (4) ensuring that the grievance procedure operates
2-8 timely and effectively.
2-9 (d) The head of the police department shall appoint from
2-10 among the members of the department a grievance counselor whose
2-11 duties include:
2-12 (1) providing appropriate grievance forms to a police
2-13 officer;
2-14 (2) accepting, on behalf of the department head, a
2-15 step I or II grievance;
2-16 (3) assisting the police officer in handling the
2-17 grievance;
2-18 (4) forwarding a copy of a step I or II grievance form
2-19 to the grievance director and notifying the department head;
2-20 (5) arranging a meeting between the police officer and
2-21 the police officer's immediate supervisor as prescribed by Section
2-22 142.013(b);
2-23 (6) arranging the meeting of the police officer and
2-24 the department head or the department head's designated
2-25 representative as prescribed by Section 142.014(b); and
2-26 (7) performing duties that the department head may
2-27 assign.
3-1 (e) The grievance procedure is governed by this section and
3-2 Sections 142.013-142.019 and consists of four steps. In any step of
3-3 the grievance process in which the aggrieved police officer's
3-4 immediate supervisor is included, the department head or the
3-5 departmental grievance counselor may:
3-6 (1) designate and include in the process another
3-7 appropriate supervisor who is not the police officer's immediate
3-8 supervisor; or
3-9 (2) designate the other supervisor to replace the
3-10 police officer's immediate supervisor, if the department head or
3-11 grievance counselor determines the other supervisor has the
3-12 authority to resolve the police officer's grievance.
3-13 Sec. 142.013. STEP I GRIEVANCE PROCEDURE. (a) To begin a
3-14 grievance action, a police officer must file a completed written
3-15 step I grievance form with the department head or departmental
3-16 grievance counselor within 30 days after the date the action or
3-17 inaction for which the police officer feels aggrieved occurred. A
3-18 step I grievance form may be obtained from the departmental
3-19 grievance counselor. If the form is not timely filed, the grievance
3-20 is waived.
3-21 (b) If the form is timely filed, the departmental grievance
3-22 counselor shall arrange a meeting of the police officer, the police
3-23 officer's immediate supervisor or other appropriate supervisor, or
3-24 both, and the person or persons against whom the grievance is
3-25 lodged. The departmental grievance counselor shall schedule the
3-26 step I meeting within 30 calendar days after the date the grievance
3-27 is filed. If the grievance is lodged against the department head,
4-1 the department head may send a representative.
4-2 (c) The police officer's immediate supervisor or other
4-3 appropriate supervisor, or both, shall fully, candidly, and openly
4-4 discuss the grievance with the police officer in a sincere attempt
4-5 to resolve the grievance.
4-6 (d) Regardless of the outcome of the meeting, the police
4-7 officer's immediate supervisor or other appropriate supervisor, or
4-8 both, shall provide a written response to the police officer, with
4-9 a copy to the grievance counselor, within 15 calendar days after
4-10 the date the meeting occurs. The response must include the
4-11 supervisor's evaluation and proposed solution. The response shall
4-12 either be personally delivered to the police officer or mailed by
4-13 certified mail, return receipt requested, to the last home address
4-14 provided by the police officer.
4-15 (e) If the proposed solution is not acceptable, the police
4-16 officer may file a step II grievance form with the department head
4-17 or the departmental grievance counselor in accordance with Section
4-18 142.014. If the aggrieved police officer fails to timely file a
4-19 step II grievance form, the solution is considered accepted.
4-20 Sec. 142.014. STEP II GRIEVANCE PROCEDURE. (a) To continue
4-21 the grievance procedure, the police officer must complete a step II
4-22 grievance form and file it with the department head or the
4-23 departmental grievance counselor within 15 calendar days after the
4-24 date the police officer receives the supervisor's response under
4-25 Section 142.013.
4-26 (b) The departmental grievance counselor shall arrange a
4-27 meeting of the police officer, the police officer's immediate
5-1 supervisor or other appropriate supervisor, or both, and the
5-2 department head or the department head's representative. The
5-3 department head's representative must have a rank of at least
5-4 assistant chief or the equivalent. The meeting shall be held within
5-5 15 calendar days after the date the step II grievance form is filed
5-6 under Subsection (a).
5-7 (c) Regardless of the outcome of the meeting, the department
5-8 head or the department head's representative shall provide a
5-9 written response to the police officer within 15 calendar days
5-10 after the date the meeting occurs. The response shall either be
5-11 personally delivered to the police officer or mailed by certified
5-12 mail, return receipt requested, to the last home address provided
5-13 by the police officer.
5-14 (d) If the proposed solution is not acceptable, the police
5-15 officer may either submit to the grievance director a written
5-16 request stating the police officer's decision to appeal to an
5-17 independent third party hearing examiner to be selected in the
5-18 manner described by Section 143.057 or file a step III grievance
5-19 form with the grievance director in accordance with Section
5-20 142.015. If the police officer fails to timely file a step III
5-21 grievance form or, within 15 calendar days after the date the
5-22 police officer receives the department head's response, a written
5-23 request to appeal to a hearing examiner, the solution is considered
5-24 accepted.
5-25 (e) If the police officer appeals to an independent third
5-26 party hearing examiner instead of filing a step III grievance form,
5-27 the decision of the hearing examiner is final. If the police
6-1 officer prevails and the hearing examiner upholds the grievance in
6-2 its entirety, the department shall bear the cost of the appeal to
6-3 the hearing examiner. If the police officer fails to prevail and
6-4 the hearing examiner denies the grievance in its entirety, the
6-5 police officer shall bear the cost of the appeal to the hearing
6-6 examiner. If neither party entirely prevails and the hearing
6-7 examiner upholds part of the grievance and denies part of it, the
6-8 hearing examiner's fees and expenses shall be shared equally by the
6-9 police officer and the department.
6-10 Sec. 142.015. STEP III GRIEVANCE PROCEDURE. (a) To continue
6-11 the grievance procedure, the police officer must complete a step
6-12 III grievance form and file it with the grievance director within
6-13 15 calendar days after the date the police officer receives the
6-14 department head's response under Section 142.014.
6-15 (b) The grievance director shall arrange a hearing of the
6-16 police officer with a grievance examiner to be appointed by the
6-17 governing body of the municipality under Section 142.017. The
6-18 hearing shall be held within 15 calendar days after the date the
6-19 step III grievance form is filed under Subsection (a).
6-20 (c) A hearing shall be conducted as an informal
6-21 administrative procedure. Grievances arising out of the same or
6-22 similar fact situations may be heard at the same hearing. A court
6-23 reporter shall record the hearing. All witnesses shall be examined
6-24 under oath. The police officer, the police officer's immediate
6-25 supervisor or other appropriate supervisor, or both, the department
6-26 head or the department head's designated representative, or both,
6-27 and each person specifically named in the grievance are parties to
7-1 the hearing. The burden of proof is on the aggrieved police
7-2 officer.
7-3 (d) The grievance examiner shall make written findings and a
7-4 recommendation for solution of the grievance within 15 calendar
7-5 days after the date the hearing ends. The findings and
7-6 recommendation shall be given to the municipality and copies mailed
7-7 to the police officer by certified mail, return receipt requested,
7-8 at the last home address provided by the police officer, and to the
7-9 department head.
7-10 (e) If the proposed solution is not acceptable to either the
7-11 police officer or the department head, either party may file a step
7-12 IV grievance form with the grievance director in accordance with
7-13 Section 142.016. If the police officer and the department head do
7-14 not timely file a step IV grievance form, the solution is
7-15 considered accepted.
7-16 Sec. 142.016. STEP IV GRIEVANCE PROCEDURE. (a) If the
7-17 department head or the police officer rejects the proposed solution
7-18 under Section 142.015, the department head, the department head's
7-19 designated representative, or the police officer must complete a
7-20 step IV grievance form and file it with the grievance director
7-21 within 15 calendar days after the date the person receives the
7-22 grievance examiner's recommendation.
7-23 (b) The municipality's governing body shall review the
7-24 grievance examiner's findings and recommendation and consider the
7-25 transcript of the step III hearing at the governing body's next
7-26 regularly scheduled meeting or as soon as practicable. The
7-27 transcript shall be filed within 30 days after the date the step IV
8-1 grievance is filed. The municipality may for good cause shown grant
8-2 a reasonable delay not to exceed 30 days to file the transcript.
8-3 The municipality may not render a decision later than 30 days after
8-4 the date the transcript is filed. If the municipality does not
8-5 timely render a decision, the municipality shall sustain the police
8-6 officer's grievance.
8-7 (c) The municipality shall base its decision solely on the
8-8 transcript and demonstrative evidence offered and accepted at the
8-9 step III hearing. The municipality shall furnish a written copy of
8-10 the order containing its decision to the police officer, the
8-11 department head, and the grievance examiner. The copy to the police
8-12 officer shall be mailed by certified mail, return receipt
8-13 requested, to the last home address provided by the police officer.
8-14 The municipality's decision is final.
8-15 Sec. 142.017. GRIEVANCE EXAMINER. (a) The municipality's
8-16 governing body shall appoint a grievance examiner by a majority
8-17 vote. The municipality may appoint more than one grievance examiner
8-18 if necessary. The municipality may appoint a different grievance
8-19 examiner for each grievance. An examiner may not be affiliated with
8-20 any municipal department and is responsible only to the
8-21 municipality. The municipality shall pay an examiner from a
8-22 special budget established for this purpose, and the municipality
8-23 shall provide an examiner sufficient office space and clerical
8-24 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. 142.018. SPECIAL PROVISIONS FOR STEPS I AND II. (a) If
9-8 the aggrieved police officer's immediate supervisor is the
9-9 department head, the steps prescribed by Sections 142.013 and
9-10 142.014 are combined. The department head shall meet with the
9-11 aggrieved police officer and may not appoint a representative.
9-12 (b) A department head, with the approval of the
9-13 municipality, may change the procedure prescribed by Sections
9-14 142.013 and 142.014 to reflect a change in a department's chain of
9-15 command.
9-16 Sec. 142.019. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) A
9-17 police officer may appear pro se or obtain a representative at any
9-18 time during the grievance procedure. The municipality is not
9-19 obligated to provide or pay the costs of providing representation.
9-20 The representative:
9-21 (1) is not required to be an attorney;
9-22 (2) is entitled to be present to advise the police
9-23 officer;
9-24 (3) is entitled to present any evidence or information
9-25 for the police officer; and
9-26 (4) may not be prevented from fully participating in
9-27 any of the grievance proceedings.
10-1 (b) A police officer may take reasonable time off from a
10-2 job assignment to file a grievance and attend a meeting or hearing.
10-3 Time taken to pursue a grievance may not be charged against the
10-4 police officer. The police officer shall be compensated on an
10-5 overtime basis for the time the police officer spends at a
10-6 grievance meeting or hearing if:
10-7 (1) the meeting or hearing is scheduled at a time
10-8 other than the police officer's normally assigned working hours;
10-9 and
10-10 (2) the police officer prevails in the grievance.
10-11 (c) If notice that a grievance meeting or hearing is to be
10-12 recorded is provided to all persons present at the meeting or
10-13 hearing, the police officer, the department head, or the department
10-14 head's representative may record the meeting or hearing.
10-15 (d) The grievance director shall provide a suitable notice
10-16 explaining the grievance procedure prescribed by this chapter and
10-17 furnish copies to the department. The department head shall post
10-18 the notices in one or more prominent places within the department
10-19 work areas to give reasonable notice of the grievance procedure to
10-20 each member of the department.
10-21 (e) At the request of the department head of a police
10-22 officer who has filed a grievance under this chapter, the
10-23 municipality's legal department or the grievance director shall
10-24 assist in resolving the grievance.
10-25 (f) The grievance director is the official final custodian
10-26 of all records involving grievances. A depository for closed files
10-27 regarding grievances shall be maintained by the municipality.
11-1 (g) A police officer who files a grievance under this
11-2 chapter is entitled to 48 hours notice of any meeting or hearing
11-3 scheduled under Section 142.013(b), 142.014(b), 142.015(b), or
11-4 142.016(b). In the event the police officer is not given 48 hours
11-5 advance notice, the police officer's grievance is considered
11-6 automatically sustained and no further action may be had on the
11-7 grievance.
11-8 (h) If the decision of the municipality under Section
11-9 142.016 or the decision of a hearing examiner under Section 142.014
11-10 is favorable to a police officer, the department head shall
11-11 implement the relief granted to the police officer not later than
11-12 the 10th day after the date on which the decision was issued. If
11-13 the department head intentionally fails to implement the relief
11-14 within the 10-day period, the municipality shall pay the police
11-15 officer $1,000 for each day after the 10-day period that the
11-16 decision is not implemented.
11-17 SECTION 2. This Act takes effect September 1, 2001.