Texas 2009 - 81st Regular

Texas House Bill HB487 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R2589 JSC-D
2	2	By: Menendez H.B. No. 487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sheriff's department civil service systems in certain
8	8	counties; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 158.034, Local Government Code, is
11	11	amended by amending Subsection (e) and adding Subsection (f) to
12	12	read as follows:
13	13	(e) To be eligible for appointment to the commission, a
14	14	person must:
15	15	(1) be at least 25 years old; [and]
16	16	(2) have resided in the county for the three years
17	17	immediately preceding the date on which the person's term will
18	18	begin;
19	19	(3) be a United States citizen;
20	20	(4) be of good moral character;
21	21	(5) not have held a public office in the three years
22	22	immediately preceding the date on which the person's term will
23	23	begin; and
24	24	(6) not have served on the commission for more than six
25	25	years.
26	26	(f) Subsection (e)(5) does not prohibit the appointment of a
27	27	member if the only public office held by the member in the preceding
28	28	three years is membership on the commission.
29	29	SECTION 2. Subchapter B, Chapter 158, Local Government
30	30	Code, is amended by adding Sections 158.0341 through 158.0344,
31	31	158.0352, and 158.0353 to read as follows:
32	32	Sec. 158.0341. REMOVAL OF COMMISSION MEMBER. (a) If at a
33	33	meeting held for that purpose the commissioners court of the county
34	34	finds that a commission member is guilty of misconduct in office,
35	35	the commissioners court may remove the member. The member may
36	36	request that the meeting be held as an open hearing in accordance
37	37	with Chapter 551, Government Code.
38	38	(b) If a commission member is indicted or charged by
39	39	information with a criminal offense involving moral turpitude, the
40	40	member is automatically suspended from office until the disposition
41	41	of the charge. Unless the member pleads guilty or is found to be
42	42	guilty, the member shall resume office at the time of disposition of
43	43	the charge.
44	44	(c) The commissioners court may appoint a substitute
45	45	commission member during a period of suspension.
46	46	(d) If a commission member pleads guilty to or is found to be
47	47	guilty of a criminal offense involving moral turpitude, the
48	48	commissioners court shall appoint a replacement commission member
49	49	to serve the remainder of the disqualified member's term of office.
50	50	Sec. 158.0342. COMMISSION INVESTIGATIONS AND INSPECTIONS.
51	51	(a) The commission or a commission member designated by the
52	52	commission may investigate and report on all matters relating to
53	53	the enforcement and effect of this subchapter and any rules adopted
54	54	under this subchapter and shall determine if the subchapter and
55	55	rules are being obeyed.
56	56	(b) During an investigation, the commission or the
57	57	commission member may:
58	58	(1) administer oaths;
59	59	(2) issue subpoenas to compel the attendance of
60	60	witnesses and the production of books, papers, documents, and
61	61	accounts relating to the investigation; and
62	62	(3) cause the deposition of witnesses residing inside
63	63	or outside the state.
64	64	(c) A deposition taken in connection with an investigation
65	65	under this section must be taken in the manner prescribed by law for
66	66	taking a similar deposition in a civil action in federal district
67	67	court.
68	68	(d) An oath administered or a subpoena issued under this
69	69	section has the same force and effect as an oath administered by a
70	70	magistrate in the magistrate's judicial capacity.
71	71	(e) A person who fails to respond to a subpoena issued under
72	72	this section commits an offense punishable as prescribed by Section
73	73	158.0343.
74	74	Sec. 158.0343. CRIMINAL PENALTY FOR VIOLATION OF
75	75	SUBCHAPTER. (a) A person subject to the provisions of this
76	76	subchapter commits an offense if the person violates this
77	77	subchapter.
78	78	(b) An offense under this section is a misdemeanor
79	79	punishable by a fine of not less than $10 or more than $1,000,
80	80	confinement in the county jail for not more than 30 days, or both
81	81	fine and confinement.
82	82	Sec. 158.0344. DECISIONS AND RECORDS. (a) Each concurring
83	83	commission member shall sign a decision issued by the commission.
84	84	(b) The commission shall keep records of each hearing or
85	85	case that comes before the commission.
86	86	(c) Each rule, opinion, directive, decision, or order
87	87	issued by the commission:
88	88	(1) must be in writing; and
89	89	(2) is a public record that the commission shall
90	90	retain on file.
91	91	Sec. 158.0352. DISCIPLINARY SUSPENSIONS. (a) The sheriff
92	92	may suspend an employee for the violation of a civil service rule.
93	93	The suspension may be for a reasonable period not to exceed 15
94	94	calendar days or for an indefinite period. An indefinite
95	95	suspension is equivalent to dismissal from the department.
96	96	(b) If the sheriff suspends an employee, the sheriff shall,
97	97	within 120 hours after the hour of suspension, file a written
98	98	statement with the commission giving the reasons for the
99	99	suspension. The sheriff shall immediately deliver a copy of the
100	100	statement in person to the suspended employee.
101	101	(c) The copy of the written statement must inform the
102	102	suspended employee that if the person wants to appeal to the
103	103	commission, the person must file a written appeal with the
104	104	commission within 10 days after the date the person receives the
105	105	copy of the statement.
106	106	(d) The written statement filed by the sheriff with the
107	107	commission must point out each civil service rule alleged to have
108	108	been violated by the suspended employee and must describe the
109	109	alleged acts of the person that the sheriff contends are in
110	110	violation of the civil service rules. It is not sufficient for the
111	111	sheriff merely to refer to the provisions of the rules alleged to
112	112	have been violated.
113	113	(e) If the sheriff does not specifically point out in the
114	114	written statement the act or acts of the employee that allegedly
115	115	violated the civil service rules, the commission shall promptly
116	116	reinstate the person.
117	117	(f) If offered by the sheriff, the employee may agree in
118	118	writing to voluntarily accept, with no right of appeal, a
119	119	suspension of 16 to 90 calendar days for the violation of a civil
120	120	service rule. The employee must accept the offer within five
121	121	working days after the date the offer is made. If the person
122	122	refuses the offer and wants to appeal to the commission, the person
123	123	must file a written appeal with the commission in accordance with
124	124	Section 158.037.
125	125	(g) In the original written statement and charges and in any
126	126	hearing conducted under this subchapter, the sheriff may not
127	127	complain of an act that occurred earlier than the 180th day
128	128	preceding the date the sheriff suspends the employee. If the act is
129	129	allegedly related to criminal activity, including the violation of
130	130	a federal, state, or local law for which the employee is subject to
131	131	a criminal penalty:
132	132	(1) the sheriff may not complain of an act that is
133	133	discovered earlier than the 180th day preceding the date the
134	134	sheriff suspends the employee; and
135	135	(2) the sheriff must allege that the act complained of
136	136	is related to criminal activity.
137	137	Sec. 158.0353. DEMOTIONS. (a) The sheriff may recommend to
138	138	the commission in writing that the commission demote a nonexempt
139	139	employee involuntarily.
140	140	(b) The sheriff must include in the recommendation for
141	141	demotion the reasons for the recommended demotion and a request
142	142	that the commission order the demotion. The sheriff must
143	143	immediately furnish a copy of the recommendation in person to the
144	144	affected employee.
145	145	(c) The commission may refuse to grant the request for
146	146	demotion. If the commission believes that probable cause exists
147	147	for ordering the demotion, the commission shall give the employee
148	148	written notice to appear before the commission for a public hearing
149	149	at a time and place specified in the notice. The commission shall
150	150	give the notice before the 10th day before the date the hearing will
151	151	be held.
152	152	(d) The employee is entitled to a full and complete public
153	153	hearing, and the commission may not demote an employee without that
154	154	public hearing.
155	155	(e) A voluntary demotion in which the employee has accepted
156	156	the terms of the demotion in writing is not subject to this section.
157	157	SECTION 3. Section 158.037, Local Government Code, is
158	158	amended to read as follows:
159	159	Sec. 158.037. APPEALS. (a) Except as otherwise provided by
160	160	this subchapter, an employee may appeal to the commission an action
161	161	for which an appeal or review is provided by this subchapter by
162	162	filing an appeal with the commission within 10 days after the date
163	163	the action occurred.
164	164	(b) The appeal must include the basis for the appeal and a
165	165	request for a commission hearing. The appeal must also contain:
166	166	(1) a statement denying the truth of the charge as
167	167	made;
168	168	(2) a statement taking exception to the legal
169	169	sufficiency of the charge;
170	170	(3) a statement alleging that the recommended action
171	171	does not fit the offense or alleged offense; or
172	172	(4) a combination of the statements described by this
173	173	subsection.
174	174	(c) In each hearing, appeal, or review of any kind in which
175	175	the commission performs an adjudicatory function, the affected
176	176	employee is entitled to be represented by counsel or a person the
177	177	employee chooses. Each commission proceeding must be held in
178	178	public.
179	179	(d) The commission may issue subpoenas and subpoenas duces
180	180	tecum for the attendance of witnesses and for the production of
181	181	documentary material.
182	182	(e) The affected employee may request the commission to
183	183	subpoena any books, records, documents, papers, accounts, or
184	184	witnesses that the employee considers pertinent to the case. The
185	185	employee must make the request before the 10th day before the date
186	186	the commission hearing will be held. If the commission does not
187	187	subpoena the material, the commission shall, before the third day
188	188	before the date the hearing will be held, make a written report to
189	189	the employee stating the reason it will not subpoena the requested
190	190	material. The report must be read into the public record of the
191	191	commission hearing.
192	192	(f) Witnesses may be placed under the rule at the commission
193	193	hearing.
194	194	(g) The commission shall conduct the hearing fairly and
195	195	impartially as prescribed by this subchapter and shall render a
196	196	just and fair decision. The commission may consider only the
197	197	evidence submitted at the hearing.
198	198	(h) The commission shall maintain a public record of each
199	199	proceeding with copies available at cost.
200	200	(i) If a suspended employee appeals a suspension to the
201	201	commission, the commission shall hold a hearing and render a
202	202	decision in writing within 30 days after the date the commission
203	203	receives notice of appeal. The suspended person and the commission
204	204	may agree to postpone the hearing for a definite period.
205	205	(j) In a hearing conducted under this section, the sheriff
206	206	is restricted to the sheriff's original written statement and
207	207	charges, which may not be amended.
208	208	(k) The commission may deliberate the decision in closed
209	209	session but may not consider evidence that was not presented at the
210	210	hearing. The commission shall vote in open session.
211	211	(l) The commission may suspend or dismiss an employee for
212	212	violation of civil service rules and only after a finding by the
213	213	commission of the truth of specific charges against the employee.
214	214	(m) In its decision, the commission shall state whether the
215	215	suspended employee is:
216	216	(1) permanently dismissed from the department;
217	217	(2) temporarily suspended from the department; or
218	218	(3) restored to the person's former position or status
219	219	in the department's classified service.
220	220	(n) If the commission finds that the period of disciplinary
221	221	suspension should be reduced, the commission may order a reduction
222	222	in the period of suspension. If the suspended employee is restored
223	223	to the position or class of service from which the person was
224	224	suspended, the employee is entitled to:
225	225	(1) full compensation for the actual time lost as a
226	226	result of the suspension at the rate of pay provided for the
227	227	position or class of service from which the person was suspended;
228	228	and
229	229	(2) restoration of or credit for any other benefits
230	230	lost as a result of the suspension, including sick leave, vacation
231	231	leave, and service credit in a retirement system. Standard payroll
232	232	deductions, if any, for retirement and other benefits restored
233	233	shall be made from the compensation paid, and the county shall make
234	234	its standard corresponding contributions, if any, to the retirement
235	235	system or other applicable benefit systems.
236	236	(o) An employee who, on a final decision by the commission,
237	237	is demoted, suspended, or removed from a position may appeal the
238	238	decision by filing a petition in a district court in the county
239	239	within 30 days after the date of the decision.
240	240	(p) [(b)] An appeal under Subsection (o) [this section] is
241	241	under the substantial evidence rule, and the judgment of the
242	242	district court is appealable as in other civil cases.
243	243	(q) Each appeal to a district court of an indefinite
244	244	suspension shall be advanced on the district court docket and given
245	245	a preference setting over all other cases.
246	246	(r) [(c)] If the district court renders judgment for the
247	247	petitioner, the court may order reinstatement of the employee,
248	248	payment of back pay, or other appropriate relief.
249	249	SECTION 4. Subchapter B, Chapter 158, Local Government
250	250	Code, is amended by adding Sections 158.0372 through 158.0374 and
251	251	Sections 158.041 through 158.062 to read as follows:
252	252	Sec. 158.0372. REINSTATEMENT. (a) If the commission, a
253	253	hearing examiner, or a district court orders that an employee
254	254	suspended without pay be reinstated, the sheriff shall comply with
255	255	the order and the county shall, before the end of the second full
256	256	pay period after the date the person is reinstated, repay to the
257	257	person all wages lost as a result of the suspension.
258	258	(b) If the county does not fully repay all lost wages to the
259	259	employee as provided by this section, the county shall pay the
260	260	person an amount equal to the lost wages plus accrued interest.
261	261	(c) Interest under Subsection (b) accrues beginning on the
262	262	date of the employee's reinstatement at a rate equal to three
263	263	percent plus the rate for court judgments under Chapter 304,
264	264	Finance Code, that is in effect on the date of the person's
265	265	reinstatement.
266	266	Sec. 158.0373. HEARING EXAMINERS. (a) In addition to the
267	267	other notice requirements prescribed by this subchapter, the
268	268	written notice for a promotional bypass, demotion, or notice of
269	269	disciplinary action, as applicable, issued to an employee must
270	270	state that in an appeal of an indefinite suspension, a suspension, a
271	271	promotional bypass, or a recommended demotion, the appealing
272	272	employee may elect to appeal to an independent third-party hearing
273	273	examiner instead of to the commission. The letter must also state
274	274	that if the employee elects to appeal to a hearing examiner, the
275	275	person waives all rights to appeal to a district court except as
276	276	provided by Subsection (j).
277	277	(b) To exercise the choice of appealing to a hearing
278	278	examiner, the appealing employee must submit to the commission a
279	279	written request as part of the original notice of appeal required
280	280	under this subchapter stating the person's decision to appeal to an
281	281	independent third-party hearing examiner.
282	282	(c) The hearing examiner's decision is final and binding on
283	283	all parties. If the employee decides to appeal to an independent
284	284	third-party hearing examiner, the person waives all rights to
285	285	appeal to a district court except as provided by Subsection (j).
286	286	(d) If the employee chooses to appeal to a hearing examiner,
287	287	the employee and the sheriff, or their designees, shall first
288	288	attempt to agree on the selection of an impartial hearing examiner.
289	289	If the parties do not agree on the selection of a hearing examiner
290	290	on or within 10 days after the date the appeal is filed, the
291	291	commission shall immediately request a list of seven qualified
292	292	neutral arbitrators from the American Arbitration Association or
293	293	the Federal Mediation and Conciliation Service, or their successors
294	294	in function. The employee and the sheriff, or their designees, may
295	295	agree on one of the seven neutral arbitrators on the list. If they
296	296	do not agree within five working days after the date they received
297	297	the list, each party or the party's designee shall alternate
298	298	striking a name from the list and the name remaining is the hearing
299	299	examiner. The parties or their designees shall agree on a date for
300	300	the hearing.
301	301	(e) The appeal hearing shall begin as soon as the hearing
302	302	examiner can be scheduled. If the hearing examiner cannot begin the
303	303	hearing within 45 calendar days after the date of selection, the
304	304	employee may, within two days after learning of that fact, call for
305	305	the selection of a new hearing examiner using the procedure
306	306	prescribed by Subsection (d).
307	307	(f) In each hearing conducted under this section, the
308	308	hearing examiner has the same duties and powers as the commission,
309	309	including the right to issue subpoenas.
310	310	(g) In a hearing conducted under this section, the parties
311	311	may agree to an expedited hearing procedure. Unless otherwise
312	312	agreed by the parties, in an expedited procedure the hearing
313	313	examiner shall render a decision on the appeal within 10 days after
314	314	the date the hearing ended.
315	315	(h) In an appeal that does not involve an expedited hearing
316	316	procedure, the hearing examiner shall make a reasonable effort to
317	317	render a decision on the appeal within 30 days after the date the
318	318	hearing ends or the briefs are filed. The hearing examiner's
319	319	inability to meet the time requirements imposed by this section
320	320	does not affect the hearing examiner's jurisdiction, the validity
321	321	of the disciplinary action, or the hearing examiner's final
322	322	decision.
323	323	(i) The hearing examiner's fees and expenses are shared
324	324	equally by the appealing employee and by the department. The costs
325	325	of a witness are paid by the party who calls the witness.
326	326	(j) A district court may hear an appeal of a hearing
327	327	examiner's award only on the grounds that the hearing examiner was
328	328	without jurisdiction or exceeded the hearing examiner's
329	329	jurisdiction or that the order was procured by fraud, collusion, or
330	330	other unlawful means. An appeal must be brought in the district
331	331	court having jurisdiction in the county in which the department is
332	332	located.
333	333	Sec. 158.0374. UNCOMPENSATED DUTY. (a) In this section,
334	334	"uncompensated duty" means days of work without pay that are in
335	335	addition to regular or normal workdays.
336	336	(b) The sheriff may assign an employee to uncompensated
337	337	duty. The sheriff may not impose uncompensated duty unless the
338	338	employee agrees to accept the duty. The sheriff shall give the
339	339	person a written statement that specifies the date or dates on which
340	340	the person will perform uncompensated duty if the employee agrees
341	341	to accept uncompensated duty.
342	342	(c) Uncompensated duty may be in place of or in combination
343	343	with a period of disciplinary suspension without pay. If
344	344	uncompensated duty is combined with a disciplinary suspension, the
345	345	total number of uncompensated days may not exceed 15.
346	346	(d) An employee may not earn or accrue any wage, salary, or
347	347	benefit arising from length of service while the person is
348	348	suspended without pay or performing uncompensated duty. The days
349	349	on which an employee performs assigned uncompensated duty may not
350	350	be taken into consideration in determining eligibility for a
351	351	promotional examination.
352	352	(e) Except as provided by this section, an employee who
353	353	performs assigned uncompensated duty retains all rights and
354	354	privileges of the person's position in the department and of the
355	355	person's employment by the county.
356	356	Sec. 158.041. PROMOTIONAL EXAMINATION NOTICE. (a) Not
357	357	later than the 90th day before the date a promotional examination is
358	358	held, the commission shall post a notice that lists the sources from
359	359	which the examination questions will be taken.
360	360	(b) Not later than the 30th day before the date a
361	361	promotional examination is held, the commission shall post a notice
362	362	of the examination in plain view on a bulletin board located in the
363	363	main lobby of the sheriff's department and in the commission's
364	364	office. The notice must show the position to be filled or for which
365	365	the examination is to be held, and the date, time, and place of the
366	366	examination. The commission shall also furnish sufficient copies
367	367	of the notice for posting in the stations or subdepartments in which
368	368	the position will be filled.
369	369	(c) The notice required by Subsection (b) may also include
370	370	the name of each source used for the examination, the number of
371	371	questions taken from each source, and the chapter used in each
372	372	source.
373	373	Sec. 158.042. ELIGIBILITY FOR PROMOTIONAL EXAMINATION. (a)
374	374	Each promotional examination is open to each employee who for at
375	375	least two years immediately before the examination date has
376	376	continuously held a position in the classification that is
377	377	immediately below, in salary, the classification for which the
378	378	examination is to be held.
379	379	(b) If the department has adopted a classification plan that
380	380	classifies positions on the basis of similarity in duties and
381	381	responsibilities, each promotional examination is open to each
382	382	employee who has continuously held, for at least two years
383	383	immediately before the examination date, a position at the next
384	384	lower pay grade, if it exists, in the classification for which the
385	385	examination is to be held.
386	386	(c) If there are not sufficient employees in the next lower
387	387	position with two years' service in that position to provide an
388	388	adequate number of persons to take the examination, the commission
389	389	shall open the examination to persons in that position with less
390	390	than two years' service. If there is still an insufficient number,
391	391	the commission may open the examination to persons in the second
392	392	lower position, in salary, to the position for which the
393	393	examination is to be held.
394	394	Sec. 158.043. PROMOTIONAL EXAMINATION PROCEDURE; CRIMINAL
395	395	PENALTY. (a) The commission shall adopt rules governing
396	396	promotions and shall hold promotional examinations to provide
397	397	eligibility lists for each nonexempt classification in the
398	398	department. The examinations shall be held substantially as
399	399	prescribed by this section.
400	400	(b) Each eligible promotional candidate shall be given an
401	401	identical examination in the presence of the other eligible
402	402	promotional candidates, except that an eligible promotional
403	403	candidate who is serving on active military duty outside of this
404	404	state or in a location that is not within reasonable geographic
405	405	proximity to the location where the examination is being
406	406	administered is entitled to take the examination outside of the
407	407	presence of and at a different time than the other candidates and
408	408	may be allowed to take an examination that is not identical to the
409	409	examination administered to the other candidates. The commission
410	410	may adopt rules providing for the efficient administration of
411	411	promotional examinations to eligible promotional candidates who
412	412	are members of the armed forces serving on active military duty. In
413	413	adopting the rules, the commission shall ensure that the
414	414	administration of the examination will not result in unnecessary
415	415	interference with any ongoing military effort. The rules must
416	416	require that:
417	417	(1) at the discretion of the administering entity, an
418	418	examination that is not identical to the examination administered
419	419	to other eligible promotional candidates may be administered to an
420	420	eligible promotional candidate who is serving on active military
421	421	duty; and
422	422	(2) if a candidate serving on active military duty
423	423	takes a promotional examination outside the presence of other
424	424	candidates and passes the examination, the candidate's name shall
425	425	be included in the eligibility list of names of promotional
426	426	candidates who took and passed the examination nearest in time to
427	427	the time at which the candidate on active military duty took the
428	428	examination.
429	429	(c) The examination must be entirely in writing and may not
430	430	in any part consist of an oral interview.
431	431	(d) The examination questions must test the knowledge of the
432	432	eligible promotional candidates about information and facts and
433	433	must be based on:
434	434	(1) the duties of the position for which the
435	435	examination is held;
436	436	(2) material that is of reasonably current publication
437	437	and that has been made reasonably available to each employee
438	438	involved in the examination; and
439	439	(3) any study course given by the departmental schools
440	440	of instruction.
441	441	(e) The examination questions must be taken from the sources
442	442	listed in the posted notice under Section 158.041(a). Employees
443	443	may suggest source materials for the examinations.
444	444	(f) The examination questions must be prepared and composed
445	445	so that the grading of the examination can be promptly completed
446	446	immediately after the examination is over.
447	447	(g) The commission is responsible for the preparation and
448	448	security of each promotional examination. The fairness of the
449	449	competitive promotional examination is the responsibility of the
450	450	commission and each county employee involved in the preparation or
451	451	administration of the examination.
452	452	(h) A person commits an offense if the person knowingly or
453	453	intentionally:
454	454	(1) reveals a part of a promotional examination to an
455	455	unauthorized person for unfair personal gain or advantage; or
456	456	(2) receives from any person a part of a promotional
457	457	examination for unfair personal gain or advantage.
458	458	(i) An offense under Subsection (h) is a misdemeanor
459	459	punishable by a fine of not less than $1,000, confinement in the
460	460	county jail for not more than one year, or both fine and
461	461	confinement.
462	462	Sec. 158.044. PROMOTIONAL EXAMINATION GRADES. (a) The
463	463	grading of each promotional examination shall begin when one
464	464	eligible promotional candidate completes the examination. As the
465	465	eligible promotional candidates finish the examination, the
466	466	examinations shall be graded at the examination location and in the
467	467	presence of any candidate who wants to remain during the grading.
468	468	(b) Each employee is entitled to receive one point for each
469	469	year of seniority as a classified employee in the department, with a
470	470	maximum of 10 points.
471	471	(c) The grade that must be placed on the eligibility list
472	472	for each employee shall be computed by adding the applicant's
473	473	points for seniority to the applicant's grade on the written
474	474	examination, but only if the applicant scores a passing grade on the
475	475	written examination. Each applicant's grade on the written
476	476	examination is based on a maximum grade of 100 points and is
477	477	determined entirely by the correctness of the applicant's answers
478	478	to the questions. All applicants who receive a grade on the written
479	479	examination of at least 70 points shall be determined to have passed
480	480	the examination. If a tie score occurs, the commission shall
481	481	determine a method to break the tie.
482	482	(d) Within 24 hours after a promotional examination is
483	483	given, the commission shall post the individual raw test scores on a
484	484	bulletin board located in the main lobby of the sheriff's
485	485	department.
486	486	Sec. 158.045. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
487	487	(a) On request, each eligible promotional candidate is entitled to
488	488	examine the person's promotional examination and answers, the
489	489	examination grading, and the source material for the examination.
490	490	If dissatisfied, the candidate may appeal, within seven days, to
491	491	the commission for review in accordance with this subchapter.
492	492	(b) The eligible promotional candidate may not remove the
493	493	examination or copy a question used in the examination.
494	494	Sec. 158.046. PROCEDURE FOR MAKING PROMOTIONAL
495	495	APPOINTMENTS. (a) When a vacancy occurs in a nonentry, nonexempt
496	496	position, the vacancy shall be filled as prescribed by this
497	497	section. A vacancy in a position described by this subsection
498	498	occurs on the date the position is vacated by:
499	499	(1) resignation;
500	500	(2) retirement;
501	501	(3) death;
502	502	(4) promotion; or
503	503	(5) an indefinite suspension that becomes final.
504	504	(b) If an eligibility list for the position to be filled
505	505	exists on the date the vacancy occurs, the commission shall certify
506	506	to the sheriff the names of the three persons having the highest
507	507	grades on that eligibility list. The commission shall certify the
508	508	names within 10 days after the date the commission is notified of
509	509	the vacancy. If fewer than three names remain on the eligibility
510	510	list or if only one or two eligible promotional candidates passed
511	511	the promotional examination, each name on the list must be
512	512	submitted to the sheriff.
513	513	(c) The commission shall submit names from an existing
514	514	eligibility list to the sheriff until the vacancy is filled or the
515	515	list is exhausted.
516	516	(d) If an eligibility list does not exist on the date a
517	517	vacancy occurs or a new position is created, the commission shall
518	518	hold an examination to create a new eligibility list within 90 days
519	519	after the date the vacancy occurs or a new position is created.
520	520	(e) If an eligibility list exists on the date a vacancy
521	521	occurs, the sheriff shall fill the vacancy by permanent appointment
522	522	from the eligibility list furnished by the commission within 60
523	523	days after the date the vacancy occurs. If an eligibility list does
524	524	not exist, the sheriff shall fill the vacancy by permanent
525	525	appointment from an eligibility list that the commission shall
526	526	provide within 90 days after the date the vacancy occurs.
527	527	(f) Unless the sheriff has a valid reason for not appointing
528	528	the person, the sheriff shall appoint the eligible promotional
529	529	candidate having the highest grade on the eligibility list. If the
530	530	sheriff has a valid reason for not appointing the eligible
531	531	promotional candidate having the highest grade, the sheriff shall
532	532	personally discuss the reason with the person being bypassed before
533	533	appointing another person. The sheriff shall also file the reason
534	534	in writing with the commission and shall provide the person with a
535	535	copy of the written notice. The bypassed promotional candidate may
536	536	appeal the decision in accordance with Section 158.037.
537	537	(g) If a person is bypassed, the person's name is returned
538	538	to its place on the eligibility list and shall be resubmitted to the
539	539	sheriff if another vacancy occurs. If the sheriff refuses three
540	540	times to appoint a person, files the reasons for the refusals in
541	541	writing with the commission, and the commission does not set aside
542	542	the refusals, the person's name shall be removed from the
543	543	eligibility list.
544	544	(h) Each promotional eligibility list remains in existence
545	545	for one year after the date on which the written examination is
546	546	given, unless exhausted. At the expiration of the one-year period,
547	547	the eligibility list expires and a new examination may be held.
548	548	Sec. 158.047. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
549	549	(a) When a vacancy occurs, the sheriff may designate a person from
550	550	the next lower classification to temporarily fill a position in a
551	551	higher classification. The designated person is entitled to the
552	552	base salary of the higher position plus the person's own longevity
553	553	or seniority pay, educational incentive pay, if any, and
554	554	certification pay, if any, during the time the person performs the
555	555	duties.
556	556	(b) The temporary performance of the duties of a higher
557	557	position by a person who has not been promoted as prescribed by this
558	558	chapter may not be construed as a promotion.
559	559	Sec. 158.048. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
560	560	(a) If a sufficient number of employees are available to carry out
561	561	the normal functions of the department, an employee may not be
562	562	refused a reasonable leave of absence without pay to attend a
563	563	school, convention, or meeting if the purpose of the school,
564	564	convention, or meeting is to secure a more efficient department and
565	565	better working conditions for department personnel.
566	566	(b) A rule that affects an employee's constitutional right
567	567	to appear before or to petition the legislature may not be adopted.
568	568	Sec. 158.049. MILITARY LEAVE OF ABSENCE. (a) On written
569	569	application of an employee, the commission shall grant the person a
570	570	military leave of absence without pay, notwithstanding Section
571	571	158.050, to enable the person to enter a branch of the United States
572	572	military service. The leave of absence may not exceed the period of
573	573	compulsory military service or the basic minimum enlistment period
574	574	for the branch of service the employee enters.
575	575	(b) The commission shall grant to an employee a leave of
576	576	absence for initial training or annual duty in the military
577	577	reserves or the national guard.
578	578	(c) While an employee serves in the military, the commission
579	579	shall fill the person's position in the department in accordance
580	580	with this subchapter. The employee who fills the position is
581	581	subject to replacement by the person who received the military
582	582	leave at the time the person returns to active duty in the
583	583	department.
584	584	(d) On termination of active military service, an employee
585	585	who received a military leave of absence under this section is
586	586	entitled to be reinstated to the position that the person held in
587	587	the department at the time the leave of absence was granted if the
588	588	person:
589	589	(1) receives an honorable discharge;
590	590	(2) remains physically and mentally fit to discharge
591	591	the duties of that position; and
592	592	(3) makes an application for reinstatement within 90
593	593	days after the date the person is discharged from military service.
594	594	(e) On reinstatement, the employee shall receive full
595	595	seniority credit for the time spent in the military service.
596	596	(f) If the reinstatement of an employee causes that person's
597	597	replacement to be returned to a lower position in grade or
598	598	compensation, the replaced person has a preferential right to a
599	599	subsequent appointment or promotion to the same or a similar
600	600	position from which the person was demoted. This preferential
601	601	right has priority over an eligibility list and is subject to the
602	602	replaced person remaining physically and mentally fit to discharge
603	603	the duties of that position.
604	604	(g) If an employee is called to active military duty for any
605	605	period, the county must continue to maintain any health, dental, or
606	606	life insurance coverage and any health or dental benefits coverage
607	607	that the employee received from the county on the date the employee
608	608	was called to active military duty until the county receives
609	609	written instructions from the employee to change or discontinue the
610	610	coverage.
611	611	(h) In addition to other procedures prescribed by this
612	612	section, an employee may, without restriction as to the amount of
613	613	time, voluntarily substitute for another employee who has been
614	614	called to active federal military duty for a period expected to last
615	615	12 months or longer. An employee who voluntarily substitutes under
616	616	this subsection must be qualified to perform the duties of the
617	617	absent employee.
618	618	Sec. 158.050. MILITARY LEAVE TIME ACCOUNTS. (a) A county
619	619	shall maintain a military leave time account for the sheriff's
620	620	department.
621	621	(b) A military leave time account shall benefit an employee
622	622	who:
623	623	(1) is a member of the Texas National Guard or the
624	624	armed forces reserves of the United States;
625	625	(2) was called to active federal military duty while
626	626	serving as an employee for the sheriff's department;
627	627	(3) has served on active duty for a period of at least
628	628	12 continuous months; and
629	629	(4) has exhausted the balance of the person's
630	630	vacation, holiday, and compensatory leave time accumulations.
631	631	(c) An employee may donate any amount of accumulated
632	632	vacation, holiday, sick, or compensatory leave time to the military
633	633	leave time account in the department to help provide salary
634	634	continuation for employees who qualify as eligible beneficiaries of
635	635	the account under Subsection (b). An employee who wishes to donate
636	636	time to an account under this section must authorize the donation in
637	637	writing on a form provided by the department and approved by the
638	638	county.
639	639	(d) A county shall equally distribute the leave time donated
640	640	to a military leave time account among all employees who are
641	641	eligible beneficiaries of the account. The county shall credit and
642	642	debit the applicable military leave time account on an hourly basis
643	643	regardless of the cash value of the time donated or used.
644	644	Sec. 158.051. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
645	645	ABSENCE. (a) A county shall provide to an employee a leave of
646	646	absence for an illness or injury related to the person's activities
647	647	performed in the line of duty. The leave is with full pay for a
648	648	period commensurate with the nature of the line of duty illness or
649	649	injury. If necessary, the leave shall continue for at least one
650	650	year.
651	651	(b) At the end of the one-year period, the county's
652	652	governing body may extend the line of duty illness or injury leave
653	653	at full or reduced pay. If the employee's leave is not extended or
654	654	the person's salary is reduced below 60 percent of the person's
655	655	regular monthly salary, and the person is a member of a pension
656	656	fund, the person may retire on pension until the person is able to
657	657	return to duty.
658	658	(c) If pension benefits are not available to an employee who
659	659	is temporarily disabled by a line of duty injury or illness and if
660	660	the year at full pay and any extensions granted by the governing
661	661	body have expired, the employee may use accumulated sick leave,
662	662	vacation time, and other accumulated time before the person is
663	663	placed on temporary leave.
664	664	(d) If an employee is temporarily disabled by an injury or
665	665	illness that is not related to activities performed in the person's
666	666	line of duty, the person may use all sick leave, vacation time, and
667	667	other accumulated time before the person is placed on temporary
668	668	leave.
669	669	(e) After recovery from a temporary disability, an employee
670	670	shall be reinstated at the same rank and with the same seniority the
671	671	person had before going on temporary leave.
672	672	(f) While an employee who is temporarily disabled is on
673	673	leave, another employee may voluntarily do the work of the employee
674	674	who is temporarily disabled or donate leave time to maintain the
675	675	salary for the employee who is temporarily disabled until the
676	676	person returns to duty.
677	677	Sec. 158.052. REAPPOINTMENT AFTER RECOVERY FROM
678	678	DISABILITY. With the commission's approval and if otherwise
679	679	qualified, an employee who has been certified by a physician
680	680	selected by a pension fund as having recovered from a disability for
681	681	which the person has been receiving a monthly disability pension is
682	682	eligible for reappointment to the classified position that the
683	683	person held on the date the person qualified for the monthly
684	684	disability pension.
685	685	Sec. 158.053. PERSONNEL FILE. (a) The commission or the
686	686	commission's designee shall maintain a personnel file on each
687	687	employee. The personnel file must contain any letter, memorandum,
688	688	or document relating to:
689	689	(1) a commendation, congratulation, or honor bestowed
690	690	on the employee by a member of the public or by the department for an
691	691	action, duty, or activity that relates to the person's official
692	692	duties;
693	693	(2) any misconduct by the employee if the letter,
694	694	memorandum, or document is from the department and if the
695	695	misconduct resulted in disciplinary action by the employing
696	696	department in accordance with this subchapter; and
697	697	(3) the periodic evaluation of the employee by a
698	698	supervisor.
699	699	(b) A letter, memorandum, or document relating to alleged
700	700	misconduct by the employee may not be placed in the person's
701	701	personnel file if the department determines that there is
702	702	insufficient evidence to sustain the charge of misconduct.
703	703	(c) A letter, memorandum, or document relating to
704	704	disciplinary action taken against the employee or to alleged
705	705	misconduct by the employee that is placed in the person's personnel
706	706	file as provided by Subsection (a)(2) shall be removed from the
707	707	employee's file if the commission finds that:
708	708	(1) the disciplinary action was taken without just
709	709	cause; or
710	710	(2) the charge of misconduct was not supported by
711	711	sufficient evidence.
712	712	(d) If a negative letter, memorandum, document, or other
713	713	notation of negative impact is included in an employee's personnel
714	714	file, the commission or the commission's designee shall, within 30
715	715	days after the date of the inclusion, notify the affected employee.
716	716	The employee may, on or before the 15th day after the date of
717	717	receipt of the notification, file a written response to the
718	718	negative letter, memorandum, document, or other notation.
719	719	(e) The employee is entitled, on request, to a copy of any
720	720	letter, memorandum, or document placed in the person's personnel
721	721	file. The county may charge the employee a reasonable fee not to
722	722	exceed the actual cost for any copies provided under this
723	723	subsection.
724	724	(f) The commission or the commission's designee may not
725	725	release any information contained in an employee's personnel file
726	726	without first obtaining the person's written permission, unless the
727	727	release of the information is required by law.
728	728	(g) The department may maintain a personnel file on an
729	729	employee for the department's use, but the department may not
730	730	release any information contained in the department file to any
731	731	agency or person requesting information relating to the employee.
732	732	The department shall refer to the commission or the commission's
733	733	designee a person or agency that requests information that is
734	734	maintained in the employee's personnel file.
735	735	Sec. 158.054. INVESTIGATION OF EMPLOYEES. (a) In this
736	736	section:
737	737	(1) "Complainant" means a person claiming to be the
738	738	victim of misconduct by an employee.
739	739	(2) "Investigation" means an administrative
740	740	investigation, conducted by the county, of alleged misconduct by an
741	741	employee that could result in punitive action against that person.
742	742	(3) "Investigator" means an agent or employee of the
743	743	county who is assigned to conduct an investigation.
744	744	(4) "Normally assigned working hours" includes those
745	745	hours during which an employee is actually at work or at the
746	746	person's assigned place of work, but does not include any time when
747	747	the person is off duty on authorized leave, including sick leave.
748	748	(5) "Punitive action" means a disciplinary
749	749	suspension, indefinite suspension, demotion in rank, reprimand, or
750	750	any combination of those actions.
751	751	(b) An investigator may interrogate an employee who is the
752	752	subject of an investigation only during the employee's normally
753	753	assigned working hours unless:
754	754	(1) the seriousness of the investigation, as
755	755	determined by the sheriff or the sheriff's designee, requires
756	756	interrogation at another time; and
757	757	(2) the employee is compensated for the interrogation
758	758	time on an overtime basis.
759	759	(c) The sheriff may not consider work time missed from
760	760	regular duties by an employee due to participation in the conduct of
761	761	an investigation in determining whether to impose a punitive action
762	762	or in determining the severity of a punitive action.
763	763	(d) An investigator may not interrogate an employee who is
764	764	the subject of an investigation or conduct any part of the
765	765	investigation at that person's home without that person's
766	766	permission.
767	767	(e) A person may not be assigned to conduct an investigation
768	768	if the person is the complainant, the ultimate decision maker
769	769	regarding disciplinary action, or a person who has any personal
770	770	involvement regarding the alleged misconduct. An employee who is
771	771	the subject of an investigation has the right to inquire and, on
772	772	inquiry, to be informed of the identities of each investigator
773	773	participating in an interrogation of the employee.
774	774	(f) Before an investigator may interrogate an employee who
775	775	is the subject of an investigation, the investigator must inform
776	776	the employee in writing of the nature of the investigation and the
777	777	name of each person who complained about the employee concerning
778	778	the matters under investigation. An investigator may not conduct
779	779	an interrogation of an employee based on a complaint by a
780	780	complainant who is not a peace officer unless the complainant
781	781	verifies the complaint in writing before a public officer who is
782	782	authorized by law to take statements under oath. In an
783	783	investigation authorized under this subsection, an investigator
784	784	may interrogate an employee about events or conduct reported by a
785	785	witness who is not a complainant without disclosing the name of the
786	786	witness. Not later than the 48th hour before the hour on which an
787	787	investigator begins to interrogate an employee regarding an
788	788	allegation based on a complaint, affidavit, or statement, the
789	789	investigator shall give the employee a copy of the affidavit,
790	790	complaint, or statement. An interrogation may be based on a
791	791	complaint from an anonymous complainant if the departmental
792	792	employee receiving the anonymous complaint certifies in writing,
793	793	under oath, that the complaint was anonymous. This subsection does
794	794	not apply to an on-the-scene investigation that occurs immediately
795	795	after an incident being investigated if the limitations of this
796	796	subsection would unreasonably hinder the essential purpose of the
797	797	investigation or interrogation. If the limitation would hinder the
798	798	investigation or interrogation, the employee under investigation
799	799	must be furnished, as soon as practicable, a written statement of
800	800	the nature of the investigation, the name of each complaining
801	801	party, and the complaint, affidavit, or statement.
802	802	(g) An interrogation session of an employee who is the
803	803	subject of an investigation may not be unreasonably long. In
804	804	determining reasonableness, the gravity and complexity of the
805	805	investigation must be considered. The investigators shall allow
806	806	reasonable interruptions to permit the employee to attend to
807	807	personal physical necessities.
808	808	(h) An investigator may not threaten an employee who is the
809	809	subject of an investigation with punitive action during an
810	810	interrogation. However, an investigator may inform an employee
811	811	that failure to truthfully answer reasonable questions directly
812	812	related to the investigation or to fully cooperate in the conduct of
813	813	the investigation may result in punitive action.
814	814	(i) If prior notification of intent to record an
815	815	interrogation is given to the other party, either the investigator
816	816	or the employee who is the subject of an interrogation may record
817	817	the interrogation.
818	818	(j) If an investigation does not result in punitive action
819	819	against an employee but does result in a reprimand recorded in
820	820	writing or an adverse finding or determination regarding that
821	821	person, the reprimand, finding, or determination may not be placed
822	822	in that person's personnel file unless the employee is first given
823	823	an opportunity to read and sign the document. If the employee
824	824	refuses to sign the reprimand, finding, or determination, it may be
825	825	placed in the personnel file with a notation that the person refused
826	826	to sign it. An employee may respond in writing to a reprimand,
827	827	finding, or determination that is placed in the person's personnel
828	828	file under this subsection by submitting a written response to the
829	829	commission within 10 days after the date the employee is asked to
830	830	sign the document. The response must be placed in the personnel
831	831	file. An employee who receives a punitive action and who elects not
832	832	to appeal the action may file a written response as prescribed by
833	833	this subsection within 10 days after the date the person is given
834	834	written notice of the punitive action from the sheriff.
835	835	(k) If the sheriff or any investigator violates any of the
836	836	provisions of this section while conducting an investigation, the
837	837	commission shall reverse any punitive action taken pursuant to the
838	838	investigation, including a reprimand, and any information obtained
839	839	during the investigation shall be specifically excluded from
840	840	introduction into evidence in any proceeding against the employee.
841	841	Sec. 158.055. GRIEVANCE PROCEDURE. (a) An employee may
842	842	file a grievance as provided by this subchapter. The employee may
843	843	file a grievance that relates to the person's employment, including
844	844	matters relating to a written or oral reprimand, transfers, job
845	845	performance reviews, and job assignments. The employee may not
846	846	file a grievance relating to:
847	847	(1) a disciplinary suspension, indefinite suspension,
848	848	promotional pass over, or demotion or other action or decision for
849	849	which a hearing, review, or appeal is otherwise provided by this
850	850	subchapter; or
851	851	(2) an allegation of discrimination based, in whole or
852	852	in part, on race, color, religion, sex, or national origin.
853	853	(b) The commission shall monitor and assist the operation of
854	854	the grievance procedure. The commission's duties include:
855	855	(1) aiding the department and departmental grievance
856	856	counselors;
857	857	(2) notifying the parties of meetings;
858	858	(3) docketing cases before the grievance examiner; and
859	859	(4) ensuring that the grievance procedure operates
860	860	timely and effectively.
861	861	(c) The sheriff shall appoint from among the members of the
862	862	department a grievance counselor whose duties include:
863	863	(1) providing appropriate grievance forms to an
864	864	employee;
865	865	(2) accepting, on behalf of the sheriff, a step I or II
866	866	grievance;
867	867	(3) assisting the employee in handling the grievance;
868	868	(4) forwarding a copy of a step I or II grievance form
869	869	to the commission and notifying the sheriff;
870	870	(5) arranging a meeting between the employee and that
871	871	person's immediate supervisor as prescribed by Section 158.056(b);
872	872	(6) arranging a meeting described by Section
873	873	158.057(b); and
874	874	(7) performing other duties that the sheriff may
875	875	assign.
876	876	(d) The grievance procedure consists of four steps. In any
877	877	step of the grievance process in which the aggrieved employee's
878	878	immediate supervisor is included, the sheriff or the departmental
879	879	grievance counselor may add an appropriate supervisor who is not
880	880	the employee's immediate supervisor or may designate that
881	881	supervisor to replace the person's immediate supervisor, if the
882	882	sheriff or grievance counselor determines that the other supervisor
883	883	has the authority to resolve the person's grievance.
884	884	Sec. 158.056. STEP I GRIEVANCE PROCEDURE. (a) To begin a
885	885	grievance action, an employee must file a completed written step I
886	886	grievance form with the departmental grievance counselor within 30
887	887	days after the date the action or inaction for which the person
888	888	feels aggrieved occurred. A step I grievance form may be obtained
889	889	from the departmental grievance counselor. If the form is not
890	890	timely filed, the grievance is waived.
891	891	(b) If the step I grievance form is timely filed under
892	892	Subsection (a), the departmental grievance counselor shall arrange
893	893	a meeting of the employee, that person's immediate supervisor or
894	894	other appropriate supervisor or both, and the person or persons
895	895	against whom the grievance is lodged. The departmental grievance
896	896	counselor shall schedule the step I meeting within 30 calendar days
897	897	after the date the form is filed. If the grievance is lodged against
898	898	the sheriff, the sheriff may send a representative.
899	899	(c) The employee's immediate supervisor or other
900	900	appropriate supervisor, or both, shall fully, candidly, and openly
901	901	discuss the grievance with the employee in a sincere attempt to
902	902	resolve it.
903	903	(d) Regardless of the outcome of the meeting, the employee's
904	904	immediate supervisor or other appropriate supervisor, or both,
905	905	shall provide a written response to the employee, with a copy to the
906	906	grievance counselor, within 15 calendar days after the date the
907	907	meeting occurs. The response must include the supervisor's
908	908	evaluation and proposed solution. The response shall either be
909	909	personally delivered to the employee or be mailed by certified
910	910	mail, return receipt requested, to the last home address provided
911	911	by that person.
912	912	(e) If the proposed solution is not acceptable, the employee
913	913	may file a step II grievance form with the departmental grievance
914	914	counselor in accordance with Section 158.057. If the aggrieved
915	915	employee fails to timely file a step II grievance form, the solution
916	916	is considered accepted.
917	917	Sec. 158.057. STEP II GRIEVANCE PROCEDURE. (a) To continue
918	918	the grievance procedure, the employee must complete a step II
919	919	grievance form and file it with the sheriff or the departmental
920	920	grievance counselor within 15 calendar days after the date the
921	921	employee receives the supervisor's response under Section 158.056.
922	922	(b) If the step II grievance form is timely filed under
923	923	Subsection (a), the departmental grievance counselor shall arrange
924	924	a meeting of the employee, that person's immediate supervisor or
925	925	other appropriate supervisor or both, and the sheriff or the
926	926	sheriff's representative who must have a rank of at least captain or
927	927	the equivalent. The meeting shall be held within 15 calendar days
928	928	after the date the form is filed.
929	929	(c) Regardless of the outcome of the meeting, the sheriff or
930	930	the sheriff's representative shall provide a written response to
931	931	the employee within 15 calendar days after the date the meeting
932	932	occurs. The response shall either be personally delivered to the
933	933	employee or be mailed by certified mail, return receipt requested,
934	934	to the last home address provided by that person.
935	935	(d) If the proposed solution is not acceptable, the employee
936	936	may either submit a written request stating the person's decision
937	937	to appeal to an independent third-party hearing examiner pursuant
938	938	to the provisions of Section 158.0373 or file a step III grievance
939	939	form with the director in accordance with Section 158.058. If the
940	940	employee fails to timely file a step III grievance form or a written
941	941	request to appeal to a hearing examiner, the solution is considered
942	942	accepted. Notwithstanding Section 158.0373(i), if the employee
943	943	prevails and the hearing examiner upholds the grievance in its
944	944	entirety, the department shall bear the cost of the appeal to the
945	945	hearing examiner. If the employee fails to prevail and the hearing
946	946	examiner denies the grievance in its entirety, the employee shall
947	947	bear the cost of the appeal to the hearing examiner. If neither
948	948	party entirely prevails and the hearing examiner upholds part of
949	949	the grievance and denies part of it, the hearing examiner's fees and
950	950	expenses shall be shared equally by the employee and the
951	951	department.
952	952	Sec. 158.058. STEP III GRIEVANCE PROCEDURE. (a) To
953	953	continue the grievance procedure, an employee who did not appeal to
954	954	a hearing examiner under Section 158.057(d) must complete a step
955	955	III grievance form and file it with the commission within 15
956	956	calendar days after the date the employee receives the sheriff's
957	957	response under Section 158.057.
958	958	(b) If the step III grievance form is timely filed under
959	959	Subsection (a), the commission shall arrange a hearing of the
960	960	employee and a grievance examiner to be appointed by the commission
961	961	under Section 158.060. The hearing shall be held within 15 of the
962	962	aggrieved employee's working days after the date the form is filed.
963	963	(c) A hearing shall be conducted as an informal
964	964	administrative procedure. Grievances arising out of the same or
965	965	similar fact situations may be heard at the same hearing. A court
966	966	reporter shall record the hearing. All witnesses shall be examined
967	967	under oath. The employee, the employee's immediate supervisor or
968	968	other appropriate supervisor or both, the sheriff or the sheriff's
969	969	designated representative or both, and each person specifically
970	970	named in the grievance are parties to the hearing. The burden of
971	971	proof is on the aggrieved employee.
972	972	(d) The grievance examiner shall make written findings and a
973	973	recommendation for solution of the grievance within 15 calendar
974	974	days after the date the hearing ends. The findings and
975	975	recommendation shall be given to the commission and copies mailed
976	976	to the employee by certified mail, return receipt requested, at the
977	977	last home address provided by that person, and to the sheriff.
978	978	(e) If the proposed solution is not acceptable to either the
979	979	employee or the sheriff, either party may file a step IV grievance
980	980	form with the commission in accordance with Section 158.059. If the
981	981	employee or the sheriff fails to timely file a step IV grievance
982	982	form, the solution is considered accepted by that person.
983	983	Sec. 158.059. STEP IV GRIEVANCE PROCEDURE. (a) If the
984	984	sheriff or the employee rejects the proposed solution under Section
985	985	158.058, the sheriff, the sheriff's designated representative, or
986	986	the employee must complete a step IV grievance form and file it with
987	987	the commission within 15 calendar days after the date the person
988	988	receives the grievance examiner's recommendation.
989	989	(b) The commission shall review the grievance examiner's
990	990	findings and recommendation and consider the transcript of the step
991	991	III hearing at the commission's next regularly scheduled meeting or
992	992	as soon as practicable. The transcript shall be filed within 30
993	993	days of the step IV grievance being filed. The commission may for
994	994	good cause shown grant a reasonable delay not to exceed 30 days to
995	995	file the transcript. In no event may the commission render a
996	996	decision later than 30 days after the date the transcript is filed.
997	997	If the commission does not render a decision within 30 days after
998	998	the date the transcript is filed, the commission shall sustain the
999	999	employee's grievance.
1000	1000	(c) The commission shall base its decision solely on the
1001	1001	transcript and demonstrative evidence offered and accepted at the
1002	1002	step III hearing. The commission shall furnish a written copy of
1003	1003	the order containing its decision to the employee, the sheriff, and
1004	1004	the grievance examiner. The copy to the employee shall be mailed by
1005	1005	certified mail, return receipt requested, to the last home address
1006	1006	provided by that person. The commission decision is final.
1007	1007	Sec. 158.060. GRIEVANCE EXAMINER. (a) The commission
1008	1008	shall appoint a grievance examiner by a majority vote. The
1009	1009	commission may appoint more than one grievance examiner if
1010	1010	necessary. The commission may appoint a different grievance
1011	1011	examiner for each grievance. An examiner may not be affiliated with
1012	1012	any other department and is responsible only to the commission. The
1013	1013	commission shall pay an examiner from a special budget established
1014	1014	for this purpose, and shall provide an examiner sufficient office
1015	1015	space and clerical support.
1016	1016	(b) The grievance examiner may:
1017	1017	(1) impose a reasonable limit on the time allowed each
1018	1018	party and the number of witnesses to be heard;
1019	1019	(2) administer oaths;
1020	1020	(3) examine a witness under oath;
1021	1021	(4) subpoena and require the attendance of witnesses
1022	1022	or the production of documents, books, or other pertinent material;
1023	1023	and
1024	1024	(5) accept affidavits instead of or in addition to
1025	1025	live testimony.
1026	1026	Sec. 158.061. SPECIAL PROVISIONS FOR STEPS I AND II. (a)
1027	1027	If the aggrieved employee's immediate supervisor is the sheriff,
1028	1028	the steps prescribed by Sections 158.056 and 158.057 are combined.
1029	1029	The sheriff shall meet with the aggrieved employee and may not
1030	1030	appoint a representative.
1031	1031	(b) A sheriff, with the approval of the commission, may
1032	1032	change the procedure prescribed by Sections 158.056 and 158.057 to
1033	1033	reflect a change in a department's chain of command.
1034	1034	Sec. 158.062. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) An
1035	1035	employee may, but is not required to, obtain a representative at any
1036	1036	time during the grievance procedure. The county is not obligated to
1037	1037	provide or pay the costs of providing representation. The
1038	1038	representative:
1039	1039	(1) is not required to be an attorney;
1040	1040	(2) is entitled to be present to advise the employee;
1041	1041	(3) is entitled to present any evidence or information
1042	1042	for the employee; and
1043	1043	(4) may not be prevented from fully participating in
1044	1044	any of the grievance proceedings.
1045	1045	(b) An employee may take reasonable time off from a job
1046	1046	assignment to file a grievance and attend a meeting or hearing.
1047	1047	Time taken to pursue a grievance may not be charged against that
1048	1048	person. The employee shall be compensated on an overtime basis for
1049	1049	the time that person spends at a grievance meeting or hearing if:
1050	1050	(1) the meeting or hearing is scheduled at a time other
1051	1051	than that person's normally assigned working hours; and
1052	1052	(2) that person prevails in the grievance.
1053	1053	(c) If notice that a grievance meeting or hearing is to be
1054	1054	recorded is provided to all persons present at the meeting or
1055	1055	hearing, the employee, the sheriff, or the sheriff's designee may
1056	1056	record the meeting or hearing.
1057	1057	(d) The commission shall provide a suitable notice
1058	1058	explaining the grievance procedure prescribed by this subchapter
1059	1059	and furnish copies to the department. The notice shall be posted in
1060	1060	a prominent place or places within the department work areas to give
1061	1061	reasonable notice of the grievance procedure to each member of the
1062	1062	department.
1063	1063	(e) At the request of the sheriff or an employee who has
1064	1064	filed a grievance under this subchapter, the county's legal
1065	1065	department or the commission shall assist in resolving the
1066	1066	grievance.
1067	1067	(f) The commission is the official final custodian of all
1068	1068	records involving grievances. A depository for closed files
1069	1069	regarding grievances shall be maintained by the commission.
1070	1070	(g) An employee who files a grievance pursuant to this
1071	1071	section and Sections 158.055 through 158.061 is entitled to 48
1072	1072	hours notice of any meeting or hearing scheduled under Section
1073	1073	158.056(b), 158.057(b), 158.058(b), or 158.059(b). In the event
1074	1074	that the employee is not given 48 hours advance notice, the
1075	1075	employee's grievance shall be automatically sustained and no
1076	1076	further action may be had on the grievance.
1077	1077	(h) If the decision of the commission under Section 158.059
1078	1078	or the decision of a hearing examiner under Section 158.057 that has
1079	1079	become final is favorable to an employee, the sheriff shall
1080	1080	implement the relief granted to the employee not later than the 10th
1081	1081	day after the date on which the decision was issued. If the sheriff
1082	1082	intentionally fails to implement the relief within the 10-day
1083	1083	period, the county shall pay the employee $1,000 for each day after
1084	1084	the 10-day period that the decision is not yet implemented.
1085	1085	SECTION 5. This Act takes effect immediately if it receives
1086	1086	a vote of two-thirds of all the members elected to each house, as
1087	1087	provided by Section 39, Article III, Texas Constitution. If this
1088	1088	Act does not receive the vote necessary for immediate effect, this
1089	1089	Act takes effect September 1, 2009.