BILL ANALYSIS

C.S.H.B. 2940

By: Walle

Urban Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Local Government Code governs grievance procedures for fire fighters and police officers in a municipality with a population of 1.5 million or more.  Current law requires a grievance to be filed 30 days after the date the action or inaction for which a fire fighter or police officer feels aggrieved occurred.

C.S.H.B. 2940 changes the deadline for filing a grievance to 30 days after the date a fire fighter or police officer knew or should have known of the action or inaction for which the fire fighter or police officer feels aggrieved.  The bill establishes that if a supervisor or department head does not provide the response required by law before the 16th day after a meeting between the fire fighter or police officer and the supervisor or department head to attempt to resolve a grievance, the department head must sustain the grievance. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2940 amends Local Government Code provisions that apply primarily to a municipality with a population of 1.5 million or more.  The bill authorizes a fire fighter or police officer to file a grievance that relates to, with certain specified exceptions, any aspect of the fire fighter's or police officer's employment covered by the municipal civil service law for fire fighters and police officers, rather than the same aspects of the person's employment over which the civil service commission for the employees of the municipality who are not subject to that law would have lawful jurisdiction, including but not limited to a written or oral reprimand, transfers, job performance reviews, and job assignments.  The bill requires a fire fighter or police officer to file a completed Step I grievance form within 30 days after the date the fire fighter or police officer knew or should have known of the action or inaction for which the fire fighter or police officer feels aggrieved occurred rather than within 30 days after the date of the action or inaction.  The bill amends provisions relating to the Step I and Step II grievance procedures to require a department head, if a supervisor or the department head or the department head's representative, as applicable, does not provide the response required by law before the 16th day after the date a meeting occurs to attempt to resolve a grievance, to sustain the grievance. 

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2940 authorizes a fire fighter or police officer to file a grievance that relates to, with certain exceptions, any aspect of the fire fighter's or police officer's employment covered by the municipal civil service law for fire fighters and police officers, whereas the original prohibits a municipality or department from prohibiting a fire fighter or police officer from pursuing a grievance under that law regarding a matter that is not otherwise covered by that law but that concerns a matter regarding which an employee of the municipality who is not covered under that law may pursue a grievance.