Sec. 143.127. GRIEVANCE PROCEDURE. (a) Except as otherwise provided by this subsection, a fire fighter or police officer may file a grievance as provided by this subchapter that relates to any aspect of the fire fighter's or police officer's employment covered by this chapter. The fire fighter or police officer may not file a grievance relating to:
(1) a disciplinary suspension, indefinite suspension, promotional pass over, or demotion or other action or decision for which a hearing, review, or appeal is otherwise provided by this chapter; or
(2) an allegation of discrimination based, in whole or in part, on race, color, religion, sex, or national origin.
(b) The director shall monitor and assist the operation of the grievance procedure. The director's duties include:
(1) aiding the departments and departmental grievance counselors;
(2) notifying the parties of meetings;
(3) docketing cases before the grievance examiner; and
(4) ensuring that the grievance procedure operates timely and effectively.
(c) The department head shall appoint from among the members of the department a grievance counselor whose duties include:
(1) providing appropriate grievance forms to a fire fighter or police officer;
(2) accepting, on behalf of the department head, a step I or II grievance;
(3) assisting the fire fighter or police officer in handling the grievance;
(4) forwarding a copy of a step I or II grievance form to the director and notifying the department head;
(5) arranging a meeting between the fire fighter or police officer and that person's immediate supervisor as prescribed by Section 143.128(b);
(6) arranging the meeting of the fire fighter or police officer and that person's department head or the department head's designated representative as prescribed by Section 143.129(b); and
(7) performing duties that the department head may assign.
(d) The grievance procedure consists of four steps. In any step of the grievance process in which the aggrieved fire fighter's or police officer's immediate supervisor is included, the department head or the departmental grievance counselor may add an appropriate supervisor who is not the fire fighter's or police officer's immediate supervisor or may designate that supervisor to replace the person's immediate supervisor, if the department head or grievance counselor determines that the other supervisor has the authority to resolve the person's grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 33(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 854, Sec. 9, eff. June 14, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 2, eff. September 1, 2009.
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