2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1015. Commission Appeal Procedure; Subpoena Request

Sec. 143.1015.  COMMISSION APPEAL PROCEDURE;  SUBPOENA REQUEST.  (a)  An appeal by a fire fighter or police officer to the commission from an action for which an appeal or review is provided by this chapter is sufficient if the fire fighter or police officer files it with the commission within 15 days after the date the action occurred.  In an appeal provided by this chapter the commission shall render a decision in writing within 60 days after it received the notice of appeal, unless the provisions of Section 143.1017(d) have been invoked by the fire fighter or police officer.  If the commission does not render a decision in writing within 60 days after the date it receives notice of the appeal, the commission shall sustain the fire fighter's or police officer's appeal.
(b)  On or before the 15th day before the date the appeal hearing will be held, the commission shall notify the fire fighter or police officer of the date on which the commission will hold the hearing.
(c)  The commission may not restrict the fire fighter's or police officer's ability to subpoena relevant witnesses.
(d)  Within three days after the date the fire fighter or police officer receives the commission's written refusal to subpoena materials, the fire fighter or police officer may request in writing that the commission hold a hearing relating to the reasons for that person's subpoena request.
(e)  The hearing relating to the reasons for the fire fighter's or police officer's subpoena request shall be held on the date set for the original appeal hearing.  If the commission overrules the subpoena request at the hearing:
(1)  the commission may hear the fire fighter's or police officer's appeal on that date; or
(2)  if the commission finds that justice is served by a continuance, the commission shall:
(A)  reschedule the hearing to the commission's next regularly scheduled meeting; and
(B)  give the fire fighter or police officer 15 days notice of that date.
(f)  If the commission sustains the fire fighter's or police officer's subpoena request at the hearing, the commission shall:
(1)  reschedule the appeal hearing date to the commission's next regularly scheduled meeting; and
(2)  give the fire fighter or police officer 15 days notice of that date.
(g)  If the commission reschedules a hearing under this section in an appeal relating to an indefinite suspension, the commission shall render a decision in writing within 60 days after the date it receives notice of appeal.
(h)  If the commission does not hold a hearing on the fire fighter's or police officer's subpoena request as prescribed by this section, the commission shall sustain the fire fighter's or police officer's appeal.
(i)  A municipal employee who is subpoenaed to appear in any appeal of a disciplinary decision is entitled to applicable pay for the time the employee is required to be present at the hearing.  Witnesses whose testimony relates primarily to the character or reputation of the employee shall be limited by the hearing examiner or commission if the testimony is repetitious or unduly prolongs the hearing.  If the hearing examiner or commission limits the number of character or reputation witnesses, additional witness statements may be presented by affidavit.  The character witnesses are not entitled to applicable pay for the time they are required to be present at the hearing.
(j)  In any hearing relating to the appeal or review of an action of the department head that affects a fire fighter or police officer, the department head shall have the burden of proof.  The department head is required to prove the allegations contained in the written statement, and the department head is restricted to the written statement and charges, which may not be amended.
(k)  In an appeal to a hearing examiner, the director may, within five working days after the date the hearing examiner is chosen, send to the hearing examiner the following:
(1)  the name of the fire fighter or police officer who is appealing;
(2)  the written reasons filed by the department head with the commission in the case of a promotional passover or a recommended demotion;
(3)  the specific provisions of the rules alleged to have been violated in the case of a suspension;  and
(4)  the date and place of the alleged civil service violation.
The director may not send the hearing examiner the department head's original written statement.  The department head shall submit the written statement and charges to the hearing examiner at the hearing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 25(d), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 854, Sec. 3, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 906, Sec. 1, eff. Aug. 28, 1989.