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A BILL TO BE ENTITLED
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AN ACT
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relating to an appeal by a deputy sheriff under county civil service |
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to an independent third-party hearing examiner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 158, Local Government |
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Code, is amended by adding Section 158.0125 to read as follows: |
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Sec. 158.0125. APPEAL TO HEARING EXAMINER BY DEPUTY |
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SHERIFF. (a) In addition to any other notice requirements |
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prescribed by or under this subchapter, the written notice for a |
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demotion or notice of disciplinary action, as applicable, issued to |
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a deputy sheriff must state that in an appeal of a termination or |
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indefinite suspension, a suspension of not less than three days, or |
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a recommended demotion, the appealing deputy sheriff may elect to |
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appeal to an independent third-party hearing examiner instead of to |
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the commission. The letter must also state that if the deputy |
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sheriff elects to appeal to a hearing examiner, the person waives |
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all rights to appeal to a district court except as provided by |
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Subsection (j). Failure to provide notice under this subsection |
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does not affect a deputy sheriff's right to elect to appeal to an |
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independent third-party hearing examiner under this section. |
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(b) To exercise the choice of appealing to a hearing |
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examiner, the appealing deputy sheriff must submit to the |
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commission a written request as part of any original notice of |
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appeal required under this subchapter stating the person's decision |
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to appeal to an independent third-party hearing examiner. |
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(c) The hearing examiner's decision is final and binding on |
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all parties. If the deputy sheriff decides to appeal to an |
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independent third-party hearing examiner, the person waives all |
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|
rights to appeal to a district court except as provided by |
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Subsection (j). |
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(d) If the deputy sheriff chooses to appeal to a hearing |
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examiner, the deputy sheriff and the sheriff, or their designees, |
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shall first attempt to agree on the selection of an impartial |
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hearing examiner. If the parties do not agree on the selection of a |
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hearing examiner on or within 10 days after the date the appeal is |
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filed, the commission shall immediately request a list of seven |
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|
qualified neutral arbitrators from the American Arbitration |
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Association or the Federal Mediation and Conciliation Service, or |
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their successors in function. The deputy sheriff and the sheriff, |
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or their designees, may agree on one of the seven neutral |
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arbitrators on the list. If they do not agree within five working |
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days after the date they received the list, each party or the |
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party's designee shall alternate striking a name from the list and |
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the name remaining is the hearing examiner. The parties or their |
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designees shall agree on a date for the hearing. |
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(e) The appeal hearing shall begin as soon as the hearing |
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examiner can be scheduled. If the hearing examiner cannot begin the |
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hearing within 45 calendar days after the date of selection, the |
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deputy sheriff may, within two days after learning of that fact, |
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|
call for the selection of a new hearing examiner using the procedure |
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prescribed by Subsection (d). |
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(f) In each hearing conducted under this section, the |
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hearing examiner has the same duties and powers as the commission, |
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|
including any right to issue subpoenas. |
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(g) In a hearing conducted under this section, the parties |
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may agree to an expedited hearing procedure. Unless otherwise |
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agreed by the parties, in an expedited procedure the hearing |
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examiner shall render a decision on the appeal within 10 days after |
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the date the hearing ended. |
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(h) In an appeal that does not involve an expedited hearing |
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procedure, the hearing examiner shall make a reasonable effort to |
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render a decision on the appeal within 30 days after the date the |
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hearing ends or the briefs are filed. The hearing examiner's |
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inability to meet the time requirements imposed by this section |
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does not affect the hearing examiner's jurisdiction, the validity |
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of the disciplinary action, or the hearing examiner's final |
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|
decision. |
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(i) The party who loses the appeal is liable for the hearing |
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examiner's fees and expenses. The costs of a witness are paid by |
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the party who calls the witness. |
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(j) A district court may hear an appeal of a hearing |
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examiner's award only on the grounds that the hearing examiner was |
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without jurisdiction or exceeded the hearing examiner's |
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|
jurisdiction or that the order was procured by fraud, collusion, or |
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other unlawful means. An appeal must be brought in the district |
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court having jurisdiction in the county in which the department is |
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|
located. |
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SECTION 2. Subchapter B, Chapter 158, Local Government |
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|
Code, is amended by adding Section 158.0375 to read as follows: |
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|
Sec. 158.0375. APPEAL TO HEARING EXAMINER BY DEPUTY |
|
|
SHERIFF. (a) In addition to any other notice requirements |
|
|
prescribed by or under this subchapter, the written notice for a |
|
|
demotion or notice of disciplinary action, as applicable, issued to |
|
|
a deputy sheriff must state that in an appeal of a termination or |
|
|
indefinite suspension, a suspension of no less than three days, or a |
|
|
recommended demotion, the appealing deputy sheriff may elect to |
|
|
appeal to an independent third-party hearing examiner instead of to |
|
|
the commission. The letter must also state that if the deputy |
|
|
sheriff elects to appeal to a hearing examiner, the person waives |
|
|
all rights to appeal to a district court except as provided by |
|
|
Subsection (j). Failure to provide notice under this subsection |
|
|
does not affect a deputy sheriff's right to elect to appeal to an |
|
|
independent third-party hearing examiner under this section. |
|
|
(b) To exercise the choice of appealing to a hearing |
|
|
examiner, the appealing deputy sheriff must submit to the |
|
|
commission a written request as part of any original notice of |
|
|
appeal required under this subchapter stating the person's decision |
|
|
to appeal to an independent third-party hearing examiner. |
|
|
(c) The hearing examiner's decision is final and binding on |
|
|
all parties. If the deputy sheriff decides to appeal to an |
|
|
independent third-party hearing examiner, the person waives all |
|
|
rights to appeal to a district court except as provided by |
|
|
Subsection (j). |
|
|
(d) If the deputy sheriff chooses to appeal to a hearing |
|
|
examiner, the deputy sheriff and the sheriff, or their designees, |
|
|
shall first attempt to agree on the selection of an impartial |
|
|
hearing examiner. If the parties do not agree on the selection of a |
|
|
hearing examiner on or within 10 days after the date the appeal is |
|
|
filed, the commission shall immediately request a list of seven |
|
|
qualified neutral arbitrators from the American Arbitration |
|
|
Association or the Federal Mediation and Conciliation Service, or |
|
|
their successors in function. The deputy sheriff and the sheriff, |
|
|
or their designees, may agree on one of the seven neutral |
|
|
arbitrators on the list. If they do not agree within five working |
|
|
days after the date they received the list, each party or the |
|
|
party's designee shall alternate striking a name from the list and |
|
|
the name remaining is the hearing examiner. The parties or their |
|
|
designees shall agree on a date for the hearing. |
|
|
(e) The appeal hearing shall begin as soon as the hearing |
|
|
examiner can be scheduled. If the hearing examiner cannot begin the |
|
|
hearing within 45 calendar days after the date of selection, the |
|
|
deputy sheriff may, within two days after learning of that fact, |
|
|
call for the selection of a new hearing examiner using the procedure |
|
|
prescribed by Subsection (d). |
|
|
(f) In each hearing conducted under this section, the |
|
|
hearing examiner has the same duties and powers as the commission, |
|
|
including any right to issue subpoenas. |
|
|
(g) In a hearing conducted under this section, the parties |
|
|
may agree to an expedited hearing procedure. Unless otherwise |
|
|
agreed by the parties, in an expedited procedure the hearing |
|
|
examiner shall render a decision on the appeal within 10 days after |
|
|
the date the hearing ended. |
|
|
(h) In an appeal that does not involve an expedited hearing |
|
|
procedure, the hearing examiner shall make a reasonable effort to |
|
|
render a decision on the appeal within 30 days after the date the |
|
|
hearing ends or the briefs are filed. The hearing examiner's |
|
|
inability to meet the time requirements imposed by this section |
|
|
does not affect the hearing examiner's jurisdiction, the validity |
|
|
of the disciplinary action, or the hearing examiner's final |
|
|
decision. |
|
|
(i) The party who loses the appeal is liable for the hearing |
|
|
examiner's fees and expenses. The costs of a witness are paid by |
|
|
the party who calls the witness. |
|
|
(j) A district court may hear an appeal of a hearing |
|
|
examiner's award only on the grounds that the hearing examiner was |
|
|
without jurisdiction or exceeded the hearing examiner's |
|
|
jurisdiction or that the order was procured by fraud, collusion, or |
|
|
other unlawful means. An appeal must be brought in the district |
|
|
court having jurisdiction in the county in which the department is |
|
|
located. |
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SECTION 3. This Act takes effect September 1, 2009. |