CITY OF BALCH SPRINGS CIVIL SERVICE RULES & REGULATIONS

For a suspension, a determination of what constitutes “cause” is generally made by comparison to what a reasonable person, who is mindful of the habits and customs of his/her Department, who is also mindful of the responsibilities and needs of his/her Department and who is also mindful of the standards of justice and fair dealing prevalent in the City, should have done (or should have not done) under similar circumstances.

Prior to imposing a suspension, the Department Head may use lesser forms of disciplinary or corrective action. However, nothing herein shall prohibit the Department Head from proceeding directly to the appropriate level of discipline without using progressive discipline, if in the opinion of the Department Head, the employee's misconduct warrants more severe disciplinary action.

2. (2) WORKING OFF SUSPENDED TIME – A classified employee in the Police Department who is suspended less than 48 hours in the Police Department may, upon the employee's request and at the respective Department Head's discretion, forfeit vacation designated by the Department Head for a period equal to the time of the suspension. The employee shall be required to work on the forfeited vacation days. The provisions of this Section shall apply solely to a suspension which is agreed to by the employee and no appeal to the Commission or to a Hearing Examiner may be instituted on a suspension where the employee has agreed to the suspended time.

The employee shall have his/her vacation leave accumulated balance deducted in an amount equal to the suspension to qualify for this provision. In order to request Working Off Suspended Time, the suspended employee shall make a written request to the respective Department Head within 240 hours after receiving the Notice of Suspension. Failure to make a written request to the Department Head within the allotted time shall result in an employee not being eligible for the provisions of this Section.

Section 143.053 APPEAL OF DISCIPLINARY SUSPENSION See Section 143.053 of Texas Local Government Code

(1) SCOPE OF MATTERS SUBJECT TO APPEAL - The following disciplinary matters are subject to appeal:

• (a)Indefinite suspension;
• (b)Temporary suspension;
• (c)Demotion; and/or
• (d)Promotional pass-over.

If an action is subject to appeal, the employee may file an appeal. In the event of an appeal, the employee shall give written notice to the Director or Director's designee as provided under Section 143.010. If the appeal is timely and valid, the Director or Director's designee shall arrange to have an appeal hearing placed on the Commission's agenda, or obtain a panel of Independent Third-Party Hearing Examiners, as provided under Section 143.057.

Employee dissatisfaction resulting from a transfer or reassignment of duties shall not constitute grounds for disciplinary appeal procedures.

Employee dissatisfaction resulting from a discretionary policy decision or policy matters shall not constitute grounds for disciplinary appeal procedures.

An employee who has voluntarily resigned or retired from his/her position forfeits all rights to utilize the disciplinary appeal processes.

Civil Service Commission Rules and Regulations 11/08/2023