HBA-NRS H.B. 2635 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2635
By: Farrar
County Affairs
4/22/2001
Introduced



BACKGROUND AND PURPOSE 

Sheriff's deputies currently have a weak disciplinary appeals process which
results in unfair and often discriminatory procedures and inconsistent
sentencing. If a deputy is suspended, it is imperative that the appeals
process be timely and efficient. However, there are no time lines in the
appeals process. The Houston Police Department has an independent and clear
disciplinary appeals process. House Bill 2635 improves the disciplinary
appeals process for sheriff's deputies to conform to the process used by
the Houston Police Department. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2635 amends the Local Government Code to authorize a sheriff to
suspend an employee under the sheriff's supervision or jurisdiction for a
violation of a civil service rule for a reasonable period not to exceed 15
days. The bill prohibits a sheriff from suspending an employee later than
the 180th day after the date the sheriff's department (department)
discovers or becomes aware of the violation. If the sheriff suspends an
employee, the bill requires the sheriff, within 120 hours after the
employee is notified of the suspension, to file a written statement of
action with the sheriff's department civil service commission (commission).
The bill sets forth other provisions regarding a suspension and provides
that a suspension is void and that the employee is entitled to full pay
under certain conditions (Sec. 158.062).  

The bill authorizes the sheriff to indefinitely suspend an employee under
the sheriff's supervision or jurisdiction for the violation of a civil
service rule and requires the sheriff, within 120 hours of the suspension,
to file a statement with the commission giving the reasons for the
suspension and immediately deliver a copy of the statement in person to the
suspended employee. The bill provides that if the sheriff offers an
employee an indefinite suspension of 16 to 90 calender days the employee
may agree in writing to accept the suspension, with no right of appeal
(Sec. 158.063). 

The bill provides that an appeal by an employee to the commission from an
action for which an appeal or review is provided is sufficient if the
employee files it with the commission not later than the 10th day after the
date on which the action occurred. The bill sets forth what must be
contained in an appeal to the commission. The bill entitles the affected
employee to be represented by counsel or a person the employee chooses and
requires that each commission proceeding be held in public. The bill
authorizes the affected employee to request the commission to subpoena any
documents or witnesses that the employee considers pertinent to the case.
The bill requires the commission to maintain a public record of each
proceeding (Sec. 158.064).  

If a suspended employee appeals a disciplinary suspension to the
commission, the bill requires the commission to determine if just cause
exists for the suspension. The bill authorizes the commission to order a
reduction in the period of suspension or to reverse the decision of the
sheriff and order reinstatement of  the employee and to repay the employee
for any lost wages (Sec. 158.065). If a suspended employee appeals an
indefinite suspension to the commission, the bill requires the commission
to hold a hearing and render a decision in writing not later than the 30th
day after the date it receives notice of appeal. The bill requires the
commission's decision to state whether the suspended employee is
permanently dismissed from the sheriff's department, temporarily suspended
from the department, or restored to the employee's former position or
status in the department's classified service. If the suspended employee is
restored to the position, the bill requires the sheriff to immediately
reinstate the employee and entitles the employee to full compensation for
the actual time lost as a result of the suspension. The bill authorizes the
commission to suspend or dismiss an employee only for a violation of civil
service rules and only after a finding by the commission of the truth of
specific charges against the employee (Sec. 158.066).  

If the disciplinary action was overturned on appeal by the commission, an
independent third-party hearing examiner, or a court of competent
jurisdiction, the bill requires the sheriff to promptly order that the
records of a disciplinary action taken against an employee be expunged from
each file maintained on the employee by the department. The bill requires
the department to maintain an investigatory document that relates to a
disciplinary action against an employee that was overturned on appeal, or
any document that relates to a charge of misconduct that the department did
not sustain (Sec. 158.068).  

If the commission, a hearing examiner, or a district court orders that an
employee suspended without pay be reinstated, the bill requires the county,
before the end of the second full pay period after the date the person is
reinstated, to repay to the employee all wages lost as a result of the
suspension (Sec. 158.069). The bill authorizes the sheriff to assign an
employee under the sheriff's jurisdiction or supervision to uncompensated
duty in place of or in combination with a period of disciplinary suspension
without pay. If uncompensated duty is combined with a disciplinary
suspension, the total number of uncompensated duty days may not exceed 15
days (Sec. 158.070).  

The bill requires a sheriff who takes disciplinary action against an
employee to issue a letter of disciplinary action to the employee. The
letter must state that in an appeal of the disciplinary action, the
appealing employee may elect to appeal to an independent third party
hearing examiner instead of to the commission and that by doing so the
person waives all rights to appeal to a district court. The bill provides
that a hearing examiner's decision is final and binding on all parties. The
bill provides that the hearing commission has the same duties and powers as
the commission. The bill authorizes the parties to agree to an expedited
hearing procedure. In an appeal that does not involve an expedited hearing
procedure, the bill requires the hearing examiner to make a reasonable
effort to render a decision on the appeal before the 31st day after the
later of the date the hearing ends or the date the briefs are filed. The
bill provides that the hearing examiner's fees and expenses are shared
equally by the appealing employee and by the department. (Sec. 158.071). 

The bill applies only to a sheriff's department that has voted to create
and is under a civil service system and is in a county with a population of
2.3 million or more (Sec. 158.061).  

EFFECTIVE DATE

September 1, 2001.