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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 other notice requirements under this |
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subchapter, a written notice for a demotion or disciplinary action |
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issued to a deputy sheriff must state that in an appeal of a |
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termination or indefinite suspension, a suspension of not less than |
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three days, or a recommended demotion, a deputy may appeal to an |
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independent third-party hearing examiner instead of to the |
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commission. The letter must state that if a deputy appeals to a |
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hearing examiner, the deputy waives the right to appeal to district |
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court except as provided by Subsection (j). Failure to provide |
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notice under this subsection does not affect a deputy's right to |
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appeal to an independent third-party hearing examiner under this |
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section. |
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(b) To appeal to a hearing examiner, a deputy sheriff must |
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submit to the commission a written request as part of any original |
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notice of appeal required under this subchapter stating the |
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deputy's decision to appeal to an independent third-party hearing |
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examiner. |
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(c) A hearing examiner's decision is final and binding on |
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all parties. If a deputy sheriff decides to appeal to an |
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independent third-party hearing examiner, the deputy waives the |
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right to appeal to district court except as provided by Subsection |
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(j). |
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(d) If a deputy sheriff appeals to a hearing examiner, the |
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deputy and the sheriff, or their designees, shall attempt to agree |
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on the selection of an impartial hearing examiner. If the deputy |
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and the sheriff do not agree on the selection of a hearing examiner |
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within 10 days after the date the appeal is filed, the commission |
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shall request a list of seven qualified arbitrators from the |
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American Arbitration Association or the Federal Mediation and |
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Conciliation Service, or their successors in function. The deputy |
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and the sheriff, or their designees, may agree on one of the seven |
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arbitrators on the list. If the deputy and the sheriff do not agree |
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within five business days after the date the list is received, the |
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deputy and the sheriff, or their designees, shall alternate |
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striking a name from the list and the name remaining is the hearing |
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examiner. The deputy and the sheriff, or their designees, must |
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agree on a date for the hearing. |
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(e) An appeal hearing shall begin as soon as a hearing |
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examiner can be scheduled. If a hearing examiner cannot begin the |
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hearing within 45 days after the date of selection, the deputy |
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sheriff may, within two days after learning of that fact, call for |
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the selection of a new hearing examiner using the procedure under |
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Subsection (d). |
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(f) In a hearing conducted under this section, the hearing |
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examiner has the same powers and duties 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 deputy |
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and the sheriff may agree to an expedited hearing procedure. Unless |
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otherwise agreed to by the deputy and the sheriff, in an expedited |
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procedure a hearing examiner shall render a decision on the appeal |
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within 10 days after the date the hearing ends. |
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(h) In an appeal that does not involve an expedited hearing |
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procedure, a 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. A 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) A party who loses an 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 other notice requirements under this |
|
|
subchapter, a written notice for a demotion or disciplinary action |
|
|
issued to a deputy sheriff must state that in an appeal of a |
|
|
termination or indefinite suspension, a suspension of not less than |
|
|
three days, or a recommended demotion, a deputy may appeal to an |
|
|
independent third-party hearing examiner instead of to the |
|
|
commission. The letter must state that if a deputy appeals to a |
|
|
hearing examiner, the deputy waives the right to appeal to district |
|
|
court except as provided by Subsection (j). Failure to provide |
|
|
notice under this subsection does not affect a deputy's right to |
|
|
appeal to an independent third-party hearing examiner under this |
|
|
section. |
|
|
(b) To appeal to a hearing examiner, a deputy sheriff must |
|
|
submit to the commission a written request as part of any original |
|
|
notice of appeal required under this subchapter stating the |
|
|
deputy's decision to appeal to an independent third-party hearing |
|
|
examiner. |
|
|
(c) A hearing examiner's decision is final and binding on |
|
|
all parties. If a deputy sheriff decides to appeal to an |
|
|
independent third-party hearing examiner, the deputy waives the |
|
|
right to appeal to district court except as provided by Subsection |
|
|
(j). |
|
|
(d) If a deputy sheriff appeals to a hearing examiner, the |
|
|
deputy and the sheriff, or their designees, shall attempt to agree |
|
|
on the selection of an impartial hearing examiner. If the deputy |
|
|
and the sheriff do not agree on the selection of a hearing examiner |
|
|
within 10 days after the date the appeal is filed, the commission |
|
|
shall request a list of seven qualified arbitrators from the |
|
|
American Arbitration Association or the Federal Mediation and |
|
|
Conciliation Service, or their successors in function. The deputy |
|
|
and the sheriff, or their designees, may agree on one of the seven |
|
|
arbitrators on the list. If the deputy and the sheriff do not agree |
|
|
within five business days after the date the list is received, the |
|
|
deputy and the sheriff, or their designees, shall alternate |
|
|
striking a name from the list and the name remaining is the hearing |
|
|
examiner. The deputy and the sheriff, or their designees, must |
|
|
agree on a date for the hearing. |
|
|
(e) An appeal hearing shall begin as soon as a hearing |
|
|
examiner can be scheduled. If a hearing examiner cannot begin the |
|
|
hearing within 45 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 under |
|
|
Subsection (d). |
|
|
(f) In a hearing conducted under this section, the hearing |
|
|
examiner has the same powers and duties as the commission, |
|
|
including any right to issue subpoenas. |
|
|
(g) In a hearing conducted under this section, the deputy |
|
|
and the sheriff may agree to an expedited hearing procedure. Unless |
|
|
otherwise agreed to by the deputy and the sheriff, in an expedited |
|
|
procedure a hearing examiner shall render a decision on the appeal |
|
|
within 10 days after the date the hearing ends. |
|
|
(h) In an appeal that does not involve an expedited hearing |
|
|
procedure, a 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. A 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) A party who loses an 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. The changes in law made by this Act apply only to |
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|
an appeal to an independent third-party hearing examiner under |
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|
Chapter 158, Local Government Code, as amended by this Act, |
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|
following notice of demotion or disciplinary action given on or |
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|
after the effective date of this Act. An appeal following notice |
|
|
given before the effective date of this Act is governed by the law |
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|
in effect on the date the notice was given, and the former law is |
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|
continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |