Sec. 143.1018. EX PARTE COMMUNICATIONS. (a) While any matter subject to a hearing under this chapter is pending, a person may not, except in giving sworn testimony at the hearing or as otherwise provided by law, communicate with the commission, a hearing examiner, or a grievance examiner regarding the facts of the matter under consideration unless the other party or their representative is present. Notwithstanding the provisions of this subsection, it shall not be a violation for either party to file written briefs or written motions in the case if copies were served on the opposing party.
(b) If the commission, hearing examiner, grievance examiner, or a court of competent jurisdiction determines that a person has violated Subsection (a) on behalf of and with the knowledge of the fire fighter or police officer who filed the appeal, request for a review, or grievance, a ruling shall be entered that dismisses the appeal, review, or grievance. If the commission, hearing examiner, grievance examiner, or a court of competent jurisdiction determines that a person violated Subsection (a) on behalf of or in favor of the department head or the department head's representative or on behalf of and with the knowledge of a person against whom a grievance was filed, a ruling shall be entered that upholds the position of the fire fighter or police officer that filed the appeal, request for a review, or grievance.
(c) While any matter subject to a hearing under the grievance procedure of Section 143.130 is pending, the director shall only send the name of the parties to the grievance, the original grievance, the written responses to the grievance, and any documents filed in the case by either party if copies were served upon the opposing party.
Added by Acts 1989, 71st Leg., ch. 906, Sec. 2, eff. Aug. 28, 1989.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle A - Municipal Officers and Employees
Chapter 143 - Municipal Civil Service for Firefighters and Police Officers
Section 143.101. Subchapter Applicable Primarily to Municipality With Population of 1
Section 143.1014. Notice Requirement for Certain Meetings or Hearings
Section 143.1015. Commission Appeal Procedure; Subpoena Request
Section 143.1016. Hearing Examiners
Section 143.1017. Procedures After Felony Indictment or Other Crime of Moral Turpitude
Section 143.1018. Ex Parte Communications
Section 143.102. Appointment of Assistant Chief
Section 143.103. Specialized Police Divisions
Section 143.104. Examination Procedure
Section 143.1041. Entrance Examination for Beginning Peace Officer Position in Police Department
Section 143.105. Eligibility for Beginning Position in Police Department
Section 143.1051. Eligibility for Beginning Position in Fire Department
Section 143.1055. Applicant for Beginning Position in Police Department With Previous Experience
Section 143.106. Eligibility for Fire Department Promotional Examination
Section 143.107. Promotional Examination Notice
Section 143.108. Promotional Examination Grades; Promotional Appointments
Section 143.109. Crossover Promotions in Police Department
Section 143.1095. Transfers in Position in Same Classification in Fire Department
Section 143.111. Temporary Duties in Higher Classification
Section 143.1115. Determination of Physical and Mental Fitness
Section 143.112. Educational Incentive Pay
Section 143.113. Assignment Pay
Section 143.114. Assignment Pay in Municipality With Population of 1
Section 143.115. Payment of Accumulated Vacation Leave in Populous Municipality
Section 143.1155. Accumulated Vacation and Holiday Leave
Section 143.116. Payment of Sick Leave on Termination of Service
Section 143.117. Disciplinary Suspensions
Section 143.118. Appeal of Disciplinary Suspension
Section 143.119. Indefinite Suspensions
Section 143.120. Appeal of Indefinite Suspension
Section 143.121. Appeal to District Court
Section 143.1214. Records Related to Disciplinary Actions or Charges of Misconduct
Section 143.1215. Reinstatement
Section 143.1216. Certain Nondisciplinary Actions
Section 143.122. Uncompensated Duty
Section 143.123. Investigation of Fire Fighters and Police Officers
Section 143.124. Polygraph Examinations
Section 143.125. Police Department Probationary Period After Reappointment in Populous Municipality
Section 143.1251. Reappointment After Resignation
Section 143.126. Legislative Leave
Section 143.1261. Legislative Leave Account
Section 143.127. Grievance Procedure
Section 143.128. Step I Grievance Procedure
Section 143.129. Step Ii Grievance Procedure
Section 143.130. Step Iii Grievance Procedure
Section 143.131. Step Iv Grievance Procedure
Section 143.132. Grievance Examiner
Section 143.133. Special Provisions for Steps I and Ii