CITY OF BALCH SPRINGS CIVIL SERVICE RULES & REGULATIONS
The Commission's consideration of whether there is probable cause to support the Department Head's recommendation for demotion does not require an evidentiary hearing. If the Commission determines that probable cause exists for a recommended demotion, the Commission's letter to the employee shall include the Hearing Examiner option under Chapter 143.
After the Commission has determined that probable cause exists for a requested demotion and has provided the employee with a written Notice as per Chapter 143, the action for appeal of the demotion may be conducted according to the same hearing procedures as set forth herein for all other disciplinary actions or as expressly provided otherwise in Chapter 143.
Section 143.055 UNCOMPENSATED DUTY OF POLICE OFFICERS
See Section 143.055 of Texas Local Government Code
Section 143.056 PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR
COMPLAINT
See Section 143.056 of Texas Local Government Code
Conviction or deferred adjudication of a felony shall result in the employee being terminated from his/her position. No hearing before the Commission or a Hearing Examiner shall be provided.
Section 143.057 HEARING EXAMINERS
See Section 143.057 of Texas Local Government Code
The following procedures shall be in effect unless superseded by an active Meet and Confer Agreement between the City of Balch Springs and the Balch Springs Police Association or Balch Springs Fire Association, respectively.
- Only a disciplinary action concerning an indefinite suspension, a suspension, a promotional passover because of disciplinary history or a recommended demotion is appealable to a Hearing Examiner.
- The Director or Director's designee shall coordinate with the parties and the agency sponsoring the Hearing Examiner as to all matters regarding scheduling, place of hearing, accommodations, etc.
- The rule-making power and authority of the Commission is in no way conferred upon and/or delegated to any Hearing Examiner, either by implication or otherwise.
- In a disciplinary appeal conducted under Chapter 143, the Hearing Examiner shall have the “same duties and powers” as would the Commission, including the right to issue subpoenas to compel the attendance of a witness.
- A disciplinary proceeding conducted by a Hearing Examiner instead of the Commission shall not be conducted or resolved via arbitration or arbitration processes. An employee's election of appeal to a Hearing Examiner shall not constitute a right or an agreement to submit the appeal to arbitration or arbitration processes.
- The Hearing Examiner is to conduct a hearing fairly, objectively, and impartially under the provisions of Chapter 143 and these Rules and Regulations. The Hearing Examiner is to render a fair and just decision based solely on the evidence presented in the hearing. The scope of evidence to be considered at the hearing shall be generally limited to matters closely relevant to the charges of misconduct as set forth in the Department's written statement and the employee's notice of appeal as filed with the Commission as well as the employee's previous work record with the Department.