SB2482 - Relating to sheriff's department civil service systems in certain counties.

  89R12480 DNC-F     By: Alvarado S.B. No. 2482       A BILL TO BE ENTITLED   AN ACT   relating to sheriff's department civil service systems in certain   counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 158.034(a) and (e), Local Government   Code, are amended to read as follows:          (a)  In a county with a population of less than 2.8 million,   if a majority of the employees voting at the election approve the   creation of a sheriff's department civil service system, the   sheriff, commissioners court, and district attorney shall each   appoint one person to serve as a member of the civil service   commission that administers the system.  In a county with a   population of at least 2.8 million and less than 3.3 million [ or   more ], if a majority of the employees voting at the election approve   the creation of a sheriff's department civil service system, the   sheriff, commissioners court, and district attorney shall each   appoint two persons to serve as members of the civil service   commission that administers the system, and the three appointing   authorities shall appoint one member by joint action requiring the   affirmative vote of each of the authorities.   In a county with a   population of 3.3 million or more, if a majority of the employees   voting at the election approve the creation of a sheriff's   department civil service system, the sheriff, commissioners court,   and district attorney shall each appoint three persons to serve as   members of the civil service commission that administers the   system, and the three appointing authorities shall appoint two   members by joint action requiring the affirmative vote of each of   the authorities.          (e)  To be eligible for appointment to the commission, a   person must:                (1)  be at least 25 years old; [ and ]                (2)  have resided in the county for the three years   immediately preceding the date on which the person's term will   begin ; and                 (3)  not have been finally convicted of a felony .          SECTION 2.  Section 158.035, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (c-1) to   read as follows:          (a)  The commission shall :                 (1)   adopt, publish, and enforce rules regarding:                       (A)  [ (1) ]  selection and classification of   employees;                       (B)  [ (2) ]  competitive examinations;                       (C)  [ (3) ]  promotions, seniority, and tenure;                       (D)  [ (4) ]  layoffs and dismissals;                       (E)  [ (5) ]  disciplinary actions;                       (F)  [ (6) ]  grievance procedures;                         (G)  [ (7) ]  the rights of employees during an   internal investigation; and                       (H)  [ (8) ]  other matters relating to the selection   of employees and the procedural and substantive rights,   advancement, benefits, and working conditions of employees ; and                 (2)     hold hearings regarding matters described by   Subdivision (1) .           (c-1)     This subsection applies only to a county with a   population of 3.3 million or more. A majority of the commission   shall constitute a quorum for the adoption or amendment of rules   under this chapter. A panel of three commissioners may hear and   decide any case arising under rules adopted under this chapter. The   commission shall adopt rules prescribing procedures for assigning   members to a panel.          SECTION 3.  Subchapter B, Chapter 158, Local Government   Code, is amended by adding Section 158.0356 to read as follows:           Sec.   158.0356.     THIRD-PARTY HEARING EXAMINERS IN CERTAIN   COUNTIES. (a) This section applies only to a county with a   population of 3.3 million or more.           (b)     The written notice of termination issued to an employee   must state that the employee may elect to appeal the termination to   an independent third-party hearing examiner instead of to the   commission. The notice must also state that if the employee elects   to appeal to a hearing examiner, the employee waives all rights to   appeal to a district court except as provided by Subsection (k).           (c)     To appeal to a hearing examiner under Subsection (b),   the appealing employee must submit to the commission a written   request as part of an original notice of appeal stating the   employee's election to appeal to a hearing examiner.           (d)     The hearing examiner's decision is final and binding on   all parties. If the employee elects to appeal to a hearing   examiner, the employee waives all rights to appeal to a district   court except as provided by Subsection (k).           (e)     In an appeal to a hearing examiner, the parties 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 parties may agree on one of the seven neutral   arbitrators on the list. If the parties 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.           (f)     The hearing must 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 of the hearing   examiner, the employee may, within two days after learning of that   fact, require the selection of a new hearing examiner using the   procedure prescribed by Subsection (e).           (g)     In each hearing conducted under this section, the   hearing examiner has the same duties and powers as the commission,   including the power to issue subpoenas.           (h)     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.           (i)     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 termination, or the hearing examiner's final decision.   The   hearing examiner may uphold or overturn the termination or reduce   the discipline imposed on the employee.           (j)     The hearing examiner's fees and expenses are shared   equally by the appealing employee and by the department. 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 or the decision was arbitrary or capricious.   An appeal under this subsection is under the substantial evidence   rule, and the judgment of the district court is appealable as in   other civil cases.   An appeal must:                 (1)     be brought in the district court having   jurisdiction in the county in which the department is located;                 (2)     be filed with the district court with proper   jurisdiction not later than the 45th day after the date the hearing   examiner issued a final decision; and                   (3)  clearly state the basis for the appeal.           (l)     The hearing examiner may not require evidence of lost   compensation to award the employee compensation. If the termination   is overturned by the hearing examiner or the district court, the   employee is entitled to:                 (1)     full compensation for the actual time lost as a   result of the termination at the rate of pay provided for the   position or class of service the employee held before the   termination; and                 (2)     restoration of or credit for any benefits lost as a   result of the termination, including sick leave, vacation leave,   and service credit in a retirement system.           (m)     If a law requires a retirement system to make   appropriate adjustments to a person's service credit or benefits   with that system based on a judgment or order issued by the   commission or a settlement agreement executed in connection with a   complaint or grievance filed with the commission, such as Section   842.113, Government Code, that law applies to the final decision of   a hearing examiner issued under this section or a settlement   agreement executed in connection with an appeal filed with the   hearing examiner in the same manner as that law applies to a   judgment, order, or settlement agreement described by this   subsection with respect to the commission.           (n)     If an employee is entitled to restored benefits under   Subsection (l), standard payroll deductions for retirement and   other benefits must be made from the compensation paid and the   county shall make any standard corresponding contributions to the   retirement system or other applicable benefit systems.          SECTION 4.  Section 158.038(c), Local Government Code, is   amended to read as follows:          (c)  The sheriff of a county with a population of more than   3.3 million may designate as exempt from the civil service system:                (1)  the position of chief deputy;                (2)  one or more positions in the office of   departmental legal counsel; and                (3)  additional positions in the department, not to   exceed 32 [ 25 ] in number, that have been determined by the civil   service commission to be administrative or supervisory positions;   provided, however, that the sheriff may not designate as exempt any   position in the deputy classifications of captain or below.  The   designation of any such additional exempt position by the sheriff   shall not diminish the number of positions within the deputy   classifications of captain or below.          SECTION 5.  Subchapter B, Chapter 158, Local Government   Code, is amended by adding Section 158.043 to read as follows:           Sec.   158.043.     INVESTIGATION OF EMPLOYEES. (a)   This   section applies only to a c [Text truncated for display. Full text available on LegiScan.]