81R7054 PEP-D

By: Whitmire S.B. No. 2309

A BILL TO BE ENTITLED

AN ACT

relating to certain personnel policies of the Texas Department of Criminal Justice and to certain related duties of the Texas Board of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 492, Government Code, is amended by adding Section 492.017 to read as follows:

Sec. 492.017. PROFESSIONAL STANDARDS AND LABOR OVERSIGHT COMMITTEE. (a) The board shall create a professional standards and labor oversight committee composed of board members to review the implementation of and make necessary recommendations for rule and policy changes to:

(1) career ladders established under Sections 493.007 and 493.030;

(2) professional development of correctional officers and supervisory personnel;

(3) labor-management cooperation, recruitment, and retention policies; and

(4) complaint procedures established under Section 493.016.

(b) The board, in conjunction with the professional standards and labor oversight committee, shall submit a report biennially to the legislature that includes:

(1) the results of the review and the recommendations considered under Subsection (a); and

(2) the information contained in the report submitted by the department to the board under Section 493.029(h).

SECTION 2. Section 493.027(a), Government Code, is amended to read as follows:

(a) The director of the department shall [may] meet regularly with representatives of an eligible state employee organization, as certified by the comptroller under Section 403.0165, that represents department employees in disciplinary or grievance matters to identify:

(1) department policies or practices that impair the efficient, safe, and effective operation of department facilities; and

(2) issues that could lead to unnecessary conflicts between the department and department employees and that could undermine retention and recruitment of those employees.

SECTION 3. Chapter 493, Government Code, is amended by adding Sections 493.029, 493.030, and 493.031 to read as follows:

Sec. 493.029. GRIEVANCE PROCEDURE. (a) In this section, "employment-related grievance" means an employment-related issue, in regard to which an employee wishes to express dissatisfaction, and includes issues relating to:

(1) promotions;

(2) leave requests;

(3) performance evaluations;

(4) transfers;

(5) benefits;

(6) working environment;

(7) shift or duty assignments;

(8) harassment;

(9) retaliation;

(10) disciplinary actions, including discharge, suspension, or demotion;

(11) relationships with supervisors or other employees; and

(12) any other issue that the board determines may be the subject of a grievance procedure.

(b) The board shall establish procedures and practices through which the department will address employment-related grievances. The board shall adopt:

(1) a form on which an employee may state an employment-related grievance and request a specific corrective action;

(2) reasonable time limits for an employee to submit an employment-related grievance, and any subsequent appeals, and for management to respond to a grievance or appeal;

(3) a three-step process by which an employee's employment-related grievance is submitted to the lowest appropriate level of management, with a subsequent appeal submitted to a higher level in the chain of command, on completion of which the employee may choose to submit the grievance to binding arbitration with an impartial third party; and

(4) a program to advertise and explain the grievance procedure to all employees.

(c) If a party to the employment-related grievance fails to comply with the time limits adopted under Subsection (b)(2), the party may not prevail in the grievance action.

(d) An employee may be represented by a person selected by the employee to participate in the employment-related grievance process on behalf of the employee. Any grievance proceeding in which a department employee serves as a representative shall be held during the normal business hours of the department, unless the employee and the department agree otherwise. Attending a grievance proceeding as a party to the proceeding or as a representative of a party is part of an employee's regular employment duties.

(e) Subject to the approval of the employee in the employment-related grievance action, the department and the employee may enter into binding arbitration on the action. To facilitate arbitration, the department may:

(1) with the approval of the employee, appoint a governmental officer or employee, or a private individual, to serve as an impartial third party in a binding arbitration; or

(2) obtain the services of an impartial third party through:

(A) an agreement with the Center for Public Policy Dispute Resolution at The University of Texas School of Law;

(B) an alternative dispute resolution system created under Chapter 152, Civil Practice and Remedies Code;

(C) another governmental body or a federal agency; or

(D) an agreement with the State Office of Administrative Hearings.

(f) The grievance action is confidential, except to the extent that Chapter 552 applies.

(g) The department may not retaliate against an employee who files an employment-related grievance.

(h) The department shall submit annually to the board a report on the department's use of the employment-related grievance process. The report must include:

(1) the number of grievances filed;

(2) a brief description of each grievance filed; and

(3) the final disposition of each grievance.

Sec. 493.030. CORRECTIONAL INSTITUTIONS DIVISION PERSONNEL. (a) The board shall develop a career ladder program for the correctional institutions division to retain professionally qualified employees. The program must base advancement on the employee's:

(1) annual performance evaluations developed under Section 493.007;

(2) years of experience in the correctional institutions division; and

(3) hours of training completed.

(b) The board shall promote a correctional officer candidate to the level of Texas Law Enforcement Correctional Officer on completion of the hours of training and the years of experience required by the board.

(c) The board shall:

(1) develop any training programs necessary to give an employee the opportunity for advancement;

(2) develop a training program consisting of a combination of annual in-service training and specific supervisory training and testing to be required for promotion to all correctional officer supervisory positions; and

(3) allow an employee the opportunity to complete any training programs required for advancement.

Sec. 493.031. MANDATORY LABOR-MANAGEMENT MEETINGS. (a) The board shall adopt a policy mandating monthly labor-management meetings between:

(1) each district supervisor in the correctional institutions division or the district supervisor's designee; and

(2) employees of the correctional institutions division selected in a process established by the board by rule or any representatives chosen by the selected employees.

(b) At a monthly labor-management meeting, both parties shall have an opportunity to improve labor-management relations by addressing issues selected by the parties.

(c) Every third month, a district supervisor shall submit a report to the director of the correctional institutions division describing the progress of the meetings.

(d) The director of the correctional institutions division shall conduct statewide meetings with employee representatives. The board, in consultation with the executive director, shall adopt procedures regarding the statewide meetings.

(e) The director of the correctional institutions division annually shall provide to the director of the department information on the outcome of meetings held under this section for inclusion in the report submitted under Section 493.027(b).

SECTION 4. (a) Not later than December 1, 2009, the Texas Board of Criminal Justice shall establish a professional standards and labor oversight committee as required by Section 492.017, Government Code, as added by this Act, and not later than April 1, 2010, shall adopt the policies, procedures, and practices required by Sections 493.029, 493.030, and 493.031, Government Code, as added by this Act.

(b) The change in law made by Section 493.030(b), Government Code, as added by this Act, applies to a correctional officer candidate who, on or after the effective date of this Act, completes the hours of training and the years of experience required for promotion, as established by the Texas Board of Criminal Justice. The board shall automatically promote on the effective date of this Act any correctional officer candidate who, before the effective date of this Act, completed those hours of training and years of experience.

SECTION 5. This Act takes effect September 1, 2009.