78R6563 YDB-F
By: Gallegos S.B. No. 1688
A BILL TO BE ENTITLED
AN ACT
relating to grievance procedures under the municipal civil service
law in certain cities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 143.128(b) and (d), Local Government
Code, are amended to read as follows:
(b) If the form is filed, the departmental grievance
counselor shall arrange a meeting of the fire fighter or police
officer, that person's immediate supervisor or other appropriate
supervisor or both, and the person or persons against whom the
grievance is lodged, unless the parties mutually agree to a
postponement. The departmental grievance counselor shall schedule
the step I meeting within 30 calendar days after the date the
grievance is filed. If the departmental grievance counselor does
not schedule the step I meeting within the 30 calendar days, the
fire fighter's or police officer's grievance is automatically
sustained and no further action may be taken on the grievance. If
the grievance is lodged against the department head, the department
head may send a representative.
(d) Regardless of the outcome of the meeting, the fire
fighter's or police officer's immediate supervisor or other
appropriate supervisor, or both, shall provide a written response
to the fire fighter or police officer, with a copy to the grievance
counselor, within 15 calendar days after the date the meeting
occurs. If the immediate supervisor or other appropriate
supervisor does not provide a written response to the fire fighter
or police officer within the 15 calendar days, the fire fighter's or
police officer's grievance is automatically sustained and no
further action may be taken on the grievance. The response must
include the supervisor's evaluation and proposed solution. The
response shall either be personally delivered to the fire fighter
or police officer or be mailed by certified mail, return receipt
requested, to the last home address provided by that person.
SECTION 2. Sections 143.129(b) and (c), Local Government
Code, are amended to read as follows:
(b) The departmental grievance counselor shall arrange a
meeting of the fire fighter or police officer, that person's
immediate supervisor or other appropriate supervisor or both, and
the department head or the department head's representative who
must have a rank of at least assistant chief or the equivalent. The
meeting shall be held within 15 calendar days after the date the
step II grievance form is filed under Subsection (a), unless the
parties mutually agree to a postponement. If the departmental
grievance counselor does not schedule the step II meeting within
the 15 calendar days, the fire fighter's or police officer's
grievance is automatically sustained and no further action may be
taken on the grievance.
(c) Regardless of the outcome of the meeting, the department
head or the department head's representative shall provide a
written response to the fire fighter or police officer within 15
calendar days after the date the meeting occurs. If the department
head or the department head's representative does not provide a
written response to the fire fighter or police officer within the 15
calendar days, the fire fighter's or police officer's grievance is
automatically sustained and no further action may be taken on the
grievance. The response shall either be personally delivered to
the fire fighter or police officer or be mailed by certified mail,
return receipt requested, to the last home address provided by that
person.
SECTION 3. Section 143.130(b), Local Government Code, is
amended to read as follows:
(b) The director shall arrange a hearing of the fire fighter
or police officer and a grievance examiner to be appointed by the
commission under Section 143.132. The hearing shall be held within
15 of the aggrieved fire fighter's or police officer's working days
after the date the step III grievance form is filed under Subsection
(a), unless the parties mutually agree to a postponement. If the
director does not schedule the step III hearing within the 15
working days, the fire fighter's or police officer's grievance is
automatically sustained and no further action may be taken on the
grievance.
SECTION 4. Section 143.134, Local Government Code, is
amended by adding Subsection (i) to read as follows:
(i) This section and Sections 143.128-143.133 do not
prevent a fire fighter or police officer from filing a group
grievance on behalf of other fire fighters or police officers on the
same grievance issue.
SECTION 5. The change in law made by Sections 143.128,
143.129, 143.130, and 143.134, Local Government Code, as amended by
this Act, applies only to an action taken under the grievance
procedures of those sections on or after the effective date of this
Act. An action taken under the grievance procedures of those
sections before the effective date of this Act is governed by the
law in effect on the date the action was taken, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2003.