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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.