relating to municipal civil service for fire fighters and police
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.003, Local Government Code, is
amended by adding new subsection (6) to read as follows:
(6)"Civilian Oversight Commission" means any
civilian body created or appointed by a political subdivision to
practice oversight, monitoring, or investigations of fire fighters
or law enforcement officers or departments.
SECTION 2. Chapter 143, Local Government Code is amended by
adding a new Section 143.017 to read as follows:
Sec.143.017.INVESTIGATIONS OF EMPLOYEES. For purposes of
this Chapter, an investigation shall not be performed by a civilian
oversight commission, as defined in 143.003, Local Government
Code.
SECTION 3. Section 143.089(3), Local Government Code, is
amended by amending subsection (b) and adding new subsections (i)
and (j) to read as follows:
Sec. 143.089. PERSONNEL FILE. (a) The director or the
director's designee shall maintain a personnel file on each fire
fighter and police officer. The personnel file must contain any
letter, memorandum, or document relating to:
(1) a commendation, congratulation, or honor bestowed
on the fire fighter or police officer by a member of the public or by
the employing department for an action, duty, or activity that
relates to the person's official duties;
(2) any misconduct by the fire fighter or police
officer if the letter, memorandum, or document is from the
employing department and if the misconduct resulted in disciplinary
action by the employing department in accordance with this chapter;
and
(3) the periodic evaluation of the fire fighter or
police officer by a supervisor.
(b) A letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer may not be placed
in the person's personnel file if the employing department
determines that there is insufficient evidence to sustain the
charge of misconduct. Letters, memorandum, or documents related to
alleged misconduct are confidential while the investigation is
pending. For purposes consistent with Section 1701.451,
Occupations Code, a law enforcement agency hiring a police officer
is entitled to view the contents of an investigation file made
confidential under this subsection.
(c) A letter, memorandum, or document relating to
disciplinary action taken against the fire fighter or police
officer or to alleged misconduct by the fire fighter or police
officer that is placed in the person's personnel file as provided by
Subsection (a)(2) shall be removed from the employee's file if the
commission finds that:
(1) the disciplinary action was taken without just
cause; or
(2) the charge of misconduct was not supported by
sufficient evidence.
(d) If a negative letter, memorandum, document, or other
notation of negative impact is included in a fire fighter's or
police officer's personnel file, the director or the director's
designee shall, within 30 days after the date of the inclusion,
notify the affected fire fighter or police officer. The fire
fighter or police officer may, on or before the 15th day after the
date of receipt of the notification, file a written response to the
negative letter, memorandum, document, or other notation.
(e) The fire fighter or police officer is entitled, on
request, to a copy of any letter, memorandum, or document placed in
the person's personnel file. The municipality may charge the fire
fighter or police officer a reasonable fee not to exceed actual cost
for any copies provided under this subsection.
(f) The director or the director's designee may not release
any information contained in a fire fighter's or police officer's
personnel file without first obtaining the person's written
permission, unless the release of theStatutes affected: Introduced: Local Government Code 143.003, Local Government Code 143.089 (Local Government Code 143)