| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an appeal by certain law enforcement agency employees |
|
|
under county civil service to an independent third-party hearing |
|
|
examiner. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 158, Local Government |
|
|
Code, is amended by adding Section 158.0125 to read as follows: |
|
|
Sec. 158.0125. APPEAL TO HEARING EXAMINER BY LAW |
|
|
ENFORCEMENT AGENCY EMPLOYEE. (a) In this section, "law |
|
|
enforcement agency employee" means a person subject to a civil |
|
|
service system created under this subchapter who is an employee of a |
|
|
sheriff's or constable's department. |
|
|
(b) In addition to other notice requirements under this |
|
|
subchapter, a written notice for a demotion or disciplinary action |
|
|
issued to a law enforcement agency employee must state that in an |
|
|
appeal of a termination or indefinite suspension, a suspension of |
|
|
not less than three days, or a recommended demotion, the employee |
|
|
may appeal to an independent third-party hearing examiner instead |
|
|
of to the commission. The letter must state that if the employee |
|
|
appeals to a hearing examiner, the employee waives the right to |
|
|
appeal to district court except as provided by Subsection (k). |
|
|
Failure to provide notice under this subsection does not affect the |
|
|
employee's right to appeal to an independent third-party hearing |
|
|
examiner under this section. |
|
|
(c) To appeal to a hearing examiner, a law enforcement |
|
|
agency employee must submit to the commission a written request as |
|
|
part of any original notice of appeal required under this |
|
|
subchapter stating the employee's decision to appeal to an |
|
|
independent third-party hearing examiner. |
|
|
(d) A hearing examiner's decision is final and binding on |
|
|
all parties. If a law enforcement agency employee decides to appeal |
|
|
to an independent third-party hearing examiner, the employee waives |
|
|
the right to appeal to district court except as provided by |
|
|
Subsection (k). |
|
|
(e) If a law enforcement agency employee appeals to a |
|
|
hearing examiner, the employee and the sheriff or constable, as |
|
|
applicable, or their designees, shall attempt to agree on the |
|
|
selection of an impartial hearing examiner. If the parties do not |
|
|
agree on the selection of a hearing examiner within 10 days after |
|
|
the date the appeal is filed, the commission shall immediately |
|
|
request a list of seven qualified and neutral arbitrators from the |
|
|
American Arbitration Association or the Federal Mediation and |
|
|
Conciliation Service, or their successors in function. The |
|
|
parties, or their designees, may agree on one of the seven |
|
|
arbitrators on the list. If the parties do not agree within five |
|
|
business days after the date the list is received, the parties, or |
|
|
their designees, shall alternate striking a name from the list and |
|
|
the name remaining is the hearing examiner. The parties, or their |
|
|
designees, must agree on a date for the hearing. |
|
|
(f) 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 employee |
|
|
may, within two days after learning of that fact, call for the |
|
|
selection of a new hearing examiner using the procedure under |
|
|
Subsection (e). |
|
|
(g) 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. |
|
|
(h) In a hearing conducted under this section, the parties |
|
|
may agree to an expedited hearing procedure. Unless otherwise |
|
|
agreed to by the parties, in an expedited procedure a hearing |
|
|
examiner shall render a decision on the appeal within 10 days after |
|
|
the date the hearing ends. |
|
|
(i) 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. |
|
|
(j) The parties are jointly liable for the hearing |
|
|
examiner's fees and expenses. The costs of a witness are paid by |
|
|
the party who calls the witness. |
|
|
(k) 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. |
|
|
SECTION 2. Subchapter B, Chapter 158, Local Government |
|
|
Code, is amended by adding Section 158.0375 to read as follows: |
|
|
Sec. 158.0375. APPEAL TO HEARING EXAMINER BY SHERIFF'S |
|
|
DEPARTMENT EMPLOYEE. (a) In addition to other notice requirements |
|
|
under this subchapter, a written notice for a demotion or |
|
|
disciplinary action issued to an employee must state that in an |
|
|
appeal of a termination or indefinite suspension, a suspension of |
|
|
not less than three days, or a recommended demotion, the employee |
|
|
may appeal to an independent third-party hearing examiner instead |
|
|
of to the commission. The letter must state that if the employee |
|
|
appeals to a hearing examiner, the employee waives the right to |
|
|
appeal to district court except as provided by Subsection (j). |
|
|
Failure to provide notice under this subsection does not affect the |
|
|
employee's right to appeal to an independent third-party hearing |
|
|
examiner under this section. |
|
|
(b) To appeal to a hearing examiner, an employee must submit |
|
|
to the commission a written request as part of any original notice |
|
|
of appeal required under this subchapter stating the employee'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 an employee decides to appeal to an independent |
|
|
third-party hearing examiner, the employee waives the right to |
|
|
appeal to district court except as provided by Subsection (j). |
|
|
(d) If an employee appeals to a hearing examiner, the |
|
|
employee and the sheriff, or their designees, shall attempt to |
|
|
agree on the selection of an impartial hearing examiner. If the |
|
|
employee 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 immediately request a list of seven qualified and |
|
|
neutral arbitrators from the American Arbitration Association or |
|
|
the Federal Mediation and Conciliation Service, or their successors |
|
|
in function. The employee and the sheriff, or their designees, may |
|
|
agree on one of the seven arbitrators on the list. If the employee |
|
|
and the sheriff do not agree within five business days after the |
|
|
date the list is received, the employee and the sheriff, or their |
|
|
designees, shall alternate striking a name from the list and the |
|
|
name remaining is the hearing examiner. The employee 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 employee |
|
|
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 employee |
|
|
and the sheriff may agree to an expedited hearing procedure. Unless |
|
|
otherwise agreed to by the employee 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) The parties are jointly 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. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an appeal to an independent third-party hearing examiner under |
|
|
Chapter 158, Local Government Code, as amended by this Act, |
|
|
following notice of demotion or disciplinary action given on or |
|
|
after the effective date of this Act. An appeal following notice |
|
|
given before the effective date of this Act is governed by the law |
|
|
in effect on the date the notice was given, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |