Rules & Regulations
RULE XVII - TRIAL BOARD AND ADMINISTRATIVE LAW JUDGE HEARINGS
(NOTE: For operating rules for the conduct of these hearings, refer to Personnel Rule 34-40)
Section 1.
A. There is hereby created for the purpose of hearing and determining charges made against any officer or employee of the City, classified or unclassified, who has been discharged or reduced in grade, a Board to be known and designated as the Trial Board, which shall be composed of one member of the Civil Service Board as designated by the Chairman and two adjunct members of the Civil Service Board as designated by the Chairman. The City Council shall designate a Secretary to the Board. The said Board shall have final jurisdiction to hear and decide all appeals made to them by any discharged or reduced officer or employee and the judgment or decision of a majority of said Board shall be final, unless the decision is appealed within one year to the District Court of the State of Texas in which hearing the matter shall be decided based upon the review of the record of the Board hearing. (City Charter, Chapter XVI, Section 12)
B. Instead of appealing to a Trial Board, an officer or employee of the City, classified or unclassified, who has been discharged or reduced in grade may appeal to an Administrative Law Judge in accordance with procedures established by ordinance.
C. A person who appeals to an Administrative Law Judge shall pay one-half of the costs attributed to having the Administrative Law Judge conduct the appeal hearing.
Section 2.
A. Any aggrieved officer or employee, who desires to avail himself of the right to appeal to said Board, or Hearing Officer, must do so in writing within ten (10) days from the date of his notification of dismissal, reduction, suspension, or reprimand. He may be represented by counsel and shall have the right to an open hearing and to compel the attendance of such witnesses as he may desire to testify in his behalf. The appeal to said Board or Hearing Officer shall not suspend the execution of the order from which the appellant is appealing. The Trial Board and the Hearing Officer may either sustain or reverse the action of the City Manager or the Head of the Department, as the case may be, or modify and amend the same as the Board or Hearing Officer may deem just and equitable under all the facts and circumstances of the particular case. (City Charter, Chapter XVI, Section 12)
B. Written notice of appeal to the Trial Board or Hearing Officer shall be filed with the City Secretary who shall schedule a hearing within a reasonable time.
C. The City Secretary will give written notice of the time and place of the hearing to the appellant, to the members of the Trial Board or the Hearing Officer, to the City Manager, and to the Head of the Department, which hearing may be open to the public.
D. The Trial Board or the Hearing Officer reserves the right to accept as evidence a transcript of testimony and any written evidence or exhibits submitted in the hearing before the City Manager or the Head of the Department. Both sides to the case may submit additional evidence.
E. The hearing shall be conducted in the following order: The City Manager or the department head shall present evidence and witnesses in support of the charges. The appellant shall present such evidence and witnesses he or she may wish to offer in defense. The City Manager or the Department Head and the appellant may in turn offer rebuttal evidence and witnesses. The Board or Hearing Officer may in its discretion hear closing arguments from both sides.
F. The City Manager or department head may be represented by the City Attorney.
Section 3.
A. Any applicant for employment in the classified or unclassified Civil Service or in any department exempt from the Civil Service who claims to have been discriminated against in any way relative to his or her employment because of political or religious opinions or because of race, color, sex, or national origin, or any city officer or employee in the classified or unclassified Civil Service or in any department exempt from the Civil Service who claims to have been discriminated against in training, promotion, transfer, or advancement because of political or religious opinions or because of race, color, sex, or national origin shall have the right to appeal for a hearing before the Civil Service Board. In no case shall an appeal from any city officer or employee be accepted by the Civil Service Board until all administrative remedies through the grievance procedure have been exhausted.
B. The appeal by an applicant shall be filed in writing with the Civil Service Board within ten calendar days from the date the applicant had actual knowledge of the alleged discrimination setting forth the specific act or acts of discrimination. The appeal by an officer or employee shall be filed within ten calendar days from the final grievance step setting forth the specific act or acts of discrimination.
C. The Civil Service Board shall investigate the appeal and within thirty calendar days after receipt of the appeal shall conduct a formal hearing which shall be an open, public hearing or, at the discretion of the appellant, may be closed to the public. The said Board at its discretion may extend the thirty calendar day time period.
D. The appellant shall have the right to compel the attendance of witnesses and to be represented by legal counsel or any other person of his or her choice.
E. The Civil Service Board shall adjudicate the action and prescribe remedies commensurate with the facts and circumstances of the particular case. The judgment and decision of a majority of said Board shall be final and may not be appealed further in the city government, but nothing in this rule shall in any way affect the right of an appellant to seek further relief through state and federal laws prohibiting discrimination.
RULE XVIII - INVESTIGATIONS
Section 1.
In any investigations conducted by the Board, it shall have the power to subpeona and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses. (City Charter, Chapter XVI, Section 8)
RULE XIX - REPORTS TO THE CIVIL SERVICE BOARD
Section 1.
A. Appointing authorities shall make prompt and complete reports to the Civil Service Board of the following matters, upon the blanks or forms prescribed by said Board, or by letters where no form is prescribed:
(1) Appointments, whether temporary, emergency or permanent.
(2) Reinstatement appointments.
(3) Refusal or neglect to accept appointments by a person whose name has been certified as an eligible.
(4) Transfer of any officer, or employee to or from one administrative branch or from one division to another in such branch, or from one position to another.
(5) Leave of absence.
(6) Suspensions.
(7) Removals from the service, and the cause of such removal, whether resignation, discharge or reduction of force.
(8) Change in compensation.
(9) Creation or abolition of any office or place of employment.
(10) Any material changes in the duties of an officer or employee, or in the organization of departments.
(11) All other information found needful by the Civil Service Board in the performance of its duties and the completion of any of its various records.
B. Every report shall contain the name and address of the employee affected, together with the date upon which the action takes effect, and such other facts and information as will make it possible for the Civil Service Board to maintain a complete and correct record.
RULE XX - RETENTION OF RECORDS
Section 1.
A. All original papers, examination papers and questions, certificates, and all other employment records, are the property of the Civil Service Board and must be filed in the office of the Civil Service Board or other suitable secure place and kept not less than one year, excepting the application and examination papers of those failing to pass, which may be destroyed after six months.
B. Examination papers, rosters and other records, shall be kept in the case of non-competitive examinations as in the case of competitive examinations.
RULE XXI - CHANGE OF RULES
Section 1.
These rules may be amended, repealed or supplemented by the Civil Service Board at any time and new rules may be adopted. Seven (7) days before action by the Board to amend, repeal, or supplement any of these rules or adopt new rules, notice of such action shall be issued. The notice shall contain the proposed changes or the proposed new rules and the date and the place at which the Board will hold a public hearing on such proposals. Copies of the notice and of the proposed changes or new rules shall be posted on the City public bulletin board, in the office of the Civil Service Board, and elsewhere as the Board deems advisable. Copies of the notice and proposed changes or new rules shall be available for inspection by the public and City employees.
Section 2.
A. The Civil Service Board after public hearing, shall take action on the proposed changes or new rules and, if by majority vote such changes or new rules are adopted, shall refer them to the City Council for approval.
B. A minimum period of fifteen (15) days shall lapse between a recommended change by the Board and action by the Council.
C. All rules and amendments thereto shall become effective upon the date of their approval by the City Council. Copies of approved rules and amendments shall be distributed forthwith to all City departments and shall be made available for inspection by the public and City employees.
RULE XXII - BOARD MEETINGS
Section 1.
The Civil Service Board shall meet as often as necessary and then upon call of three or more of its members, giving notice to other members twenty-four hours in advance.
Rules & Regulations