2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 7. Removal of Board Member

Sec. 7. REMOVAL OF BOARD MEMBER.    (a)  An elected board member may be removed from the board either by a vote of the membership of the pension system at a removal election initiated and held as provided by this section or by a vote of five board members together with a decision to remove the board member made by a hearing examiner as provided by this section.
(b) An appointed member of the board may be removed from the board by the administrative head of the city.
(c) To initiate an election for removal of an elected board member, a petition for removal signed by at least one-third of the members and retired members of the pension system must be filed with the board not later than the 45th day after the date the first signature on the petition is obtained.  Each signature must be legible and accompanied by the signer's printed name and employee payroll number, if any.  A member's payroll number may not be publicly disclosed.  A removal election must be held not later than the 30th day after the date the board certifies that a petition for removal satisfies the requirements for a petition under this subsection.  The results of a removal election are binding only if a majority of the active and retired members participate in the election.  A board member's service on the board ends on the declaration by the board that a majority of those voting in the removal election voted in favor of removal.
(d) On the date the board makes a declaration under Subsection (c) of this section, the board shall call a special election to be held not earlier than the 20th or later than the 60th day after that date to fill the vacancy for the unexpired term of the person who was removed.  The person who was removed is not eligible to run in the special election but is eligible to run in all subsequent board elections.
(e) Except as otherwise provided by Subsections (a) and (b) of this section, a board member may be removed only as provided by this subsection and Subsections (f) and (g) of this section.  After an affirmative vote of the board to remove a board member under Subsection (a) of this section, the board or its designee and the board member whose removal is proposed 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 not later than the 10th day after the date the board votes to remove the board member, on the next workday the parties involved shall request a list of seven qualified neutral arbitrators from the American Arbitration Association of the Federal Mediation and Conciliation Service or another arbitration organization with similarly stringent standards.  The board member whose removal is proposed and the board or their designees may agree on one of the seven neutral arbitrators on the list.  If the parties fail to agree before the 26th day after the date the board first votes to remove the board member, each party or the party's designee shall alternate striking a name from the list, and the name remaining is the hearing examiner.  The board member whose removal is proposed or the board member's designee is entitled to strike the first name.  If the 25th day falls on a Saturday, Sunday, or legal holiday, the parties must strike names from the list on the next workday.  The parties or their designees must agree on a date for the hearing that is within the period prescribed by Subsection (f) of this section.
(f) The hearing must begin as soon as the hearing examiner can be scheduled but not later than the 60th day after the date the board votes to remove the board member.  In a hearing conducted under this subsection, the hearing examiner may issue subpoenas.  The parties may agree to an expedited hearing procedure.  Unless otherwise agreed by the parties, in an expedited procedure, the hearing examiner must issue a decision not later than the 10th day after the date the hearing ends.  Unless operating under an expedited hearing procedure, the hearing examiner shall make a reasonable effort to issue a decision not later than the 30th day after the date the hearing ends.  The hearing examiner's inability to meet the time requirements imposed by this subsection does not affect the hearing examiner's jurisdiction or final decision.  The final decision of the hearing examiner may be either to remove the board member or not to remove the board member from the board. The hearing examiner's fees and expenses shall be paid by the pension system.  The costs of a witness shall be paid by the party who calls the witness.
(g) If the hearing examiner's decision is to remove a board member, the person removed is entitled to an opportunity to have the hearing examiner's decision reviewed.  To have the decision reviewed, not later than the 30th day after the date of a decision under Subsection (f) of this section, the person removed must obtain signatures of at least one-third of the active and retired members of the pension system requesting an election to overrule the removal decision under Subsection (f).  If the 30th day is a Saturday, Sunday, or legal holiday, the following workday is considered the 30th day.  Each signature must indicate the signing date beside the signature, be legible, and be accompanied by the signer's printed name and employee payroll number, if any.  A member's payroll number may not be publicly disclosed.  The board shall verify the list not later than the 10th day after the date the board receives it.  Not later than the 30th day after the date the board has verified the signatures, the board shall hold an election among the active and retired members.  If a majority of the votes cast at an election in which a majority of the active and retired members of the pension system participate favor overruling the hearing examiner's decision, the board member shall be reinstated.  If a majority do not vote to overrule the decision to remove a board member, a replacement election must be held not later than the 30th day after the date of the preceding election.
(h) During the period beginning on the date of the board vote to remove a board member and ending on the date the board member is reinstated under this section, the person's privileges as a board member, including voting privileges, are suspended.