Sec. 143.119. INDEFINITE SUSPENSIONS. (a) The head of the fire or police department may indefinitely suspend a fire fighter or police officer under the department head's supervision or jurisdiction for the violation of a civil service rule.
(b) If the department head suspends a fire fighter or police officer, the department head shall, within 120 hours after the hour of suspension, file a written statement with the commission giving the reasons for the suspension. The department head shall immediately deliver a copy of the statement in person to the suspended fire fighter or police officer.
(c) The copy of the written statement must inform the suspended fire fighter or police officer that if the person wants to appeal to the commission, the person must file a written appeal with the commission within 10 days after the date the person receives the copy of the statement.
(d) The written statement filed by the department head with the commission must point out the civil service rule alleged to have been violated by the suspended fire fighter or police officer and must describe the alleged acts of the person that the department head contends are in violation of the civil service rules. It is not sufficient for the department head merely to refer to the provisions of the rules alleged to have been violated.
(e) If the department head does not specifically point out in the written statement the act or acts of the fire fighter or police officer that allegedly violated civil service rules, the commission shall promptly reinstate the person.
(f) If the department head offers a suspension of 16 to 90 calendar days for violation of civil service rules, the fire fighter or police officer may agree in writing to voluntarily accept the suspension, with no right of appeal. The fire fighter or police officer must accept the offer within five working days after the date the offer is made. If the person refuses the offer and wants to appeal to the commission, the person must file a written appeal with the commission within 15 days after the date the person receives the copy of the written statement of suspension.
(g) In the original written statement and charges and in any hearing conducted under this chapter, the department head may not complain of an act that did not occur within the six-month period preceding the date on which the department head suspends the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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