CITY OF BALCH SPRINGS CIVIL SERVICE RULES & REGULATIONS
to establish its truth, the Commission shall sustain that charge even if the evidence at the hearing does not support other charges in the letter of disciplinary action.
(12) FINDINGS AND ORDERS OF THE COMMISSION
- (a)On the basis of the evidence and testimony presented at the hearing, the Commission shall vote and issue a decision on the matter via a written Order finding the truth of the specific charge(s) against the employee, or a written Order finding that the specific charge(s) against the employee is not true.
- (b)The Commission’s decision may be made by the majority vote of two of the three Commissioners present. If only two Commissioners are present, the final decision shall be made unanimously.
- (c)In the event that the charge(s) of misconduct against the employee is found to be “not true,” then the final Order shall be promptly to restore the employee to the employee’s proper position or status.
- (d)In the event that the charge(s) of misconduct against the employee is found to be “true,” then the final Order shall clearly state whether the employee is:
- (i)Permanently dismissed from the Police Department; or
- (ii)Temporarily suspended from the respective Department and shall then set forth the definite time period and conditions of suspension which shall be imposed;
- (iii)Demoted (See Section 143.054) or
- (iv)Restored to the former position or status.
- (e)The final Order on a disciplinary appeal shall also include such other matters as to resolve the issues under consideration, particularly:
- (i)The employee's resulting employment status;
- (ii)Back pay and other employment benefits; and/or
- (iii)Mitigation of damages.
- (f)If modifying the disciplinary action of the Department, the Order shall clearly explain in writing the factors and rationale for doing so. If affirming the disciplinary action of the Department, it shall be presumed to be for the same reasons and facts as presented by the Department unless otherwise indicated.
- (g)The Commission may consider evidence of facts or events during the disciplinary appeal process that are outside the scope of the Department's statement of charges or the employee's notice of appeal to the extent permitted by law.
- (h)A copy of the Department's disciplinary action, a copy of the employee's request for appeal, the record of the proceedings, a copy of the exhibits submitted together with a copy of the final Order shall be filed in the Commission record. The Commission may cite these records as reference material in subsequent determinations.
Section 143.054 DEMOTIONS
See Section 143.054 of Texas Local Government Code