CITY OF BALCH SPRINGS CIVIL SERVICE RULES & REGULATIONS
Section 143.007 REMOVAL OF COMMISSION MEMBER
See Section 143.007 of Texas Local Government Code
A member of the Commission may tender his/her resignation in writing at any time to the City Council. A Commission member may be removed from office by the City Council for misconduct in office or otherwise in accordance with Chapter 143 of the Texas Local Government Code.
If a Commission member is absent three (3) meetings during a twelve (12) month period without good and reasonable cause, the absent member may be automatically deemed to have submitted a resignation, and if accepted by the City Council, the position shall be deemed vacant without further action. Upon the occurrence of any of these events, a request shall be made by the Director or Director's designee to the City Council for the replacement of such member.
Section 143.008 ADOPTION AND PUBLICATION OF RULES
See Section 143.008 of Texas Local Government Code
Where there is a conflict between these Rules and other rules pertaining to classified employees of the City, then these Rules shall take precedence. If any section, subsection, paragraph, sentence, clause, phrase, or word contained in these Rules shall be held by the courts to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portion of these Rules.
These Rules are enacted by the Commission pursuant to the statutorily delegated authority of Chapter 143. These Rules were not acted upon in any official manner by the City Council. Therefore, these Rules do not constitute any form of “policy” nor any other official act of the City Council.
Section 143.009 COMMISSION INVESTIGATIONS
See Section 143.009 of Texas Local Government Code
Section 143.010 COMMISSION APPEAL PROCEDURE
See Section 143.010 of Texas Local Government Code
- ORIGINAL NOTICE OF APPEAL - The employee's notice of appeal shall be filed in writing with the Director or Director's designee within 240 hours after receiving the Notice of disciplinary action from the Department Head. An employee may withdraw his/her request for an appeal at any time, and thereby terminate the appeals process.
- The employee's notice of appeal and request for hearing shall set forth the employee's basis for appeal in compliance with Chapter 143.
- FAILURE TO TIMELY FILE AN APPEAL OR SET FORTH BASIS FOR APPEAL - There shall be no right to an appeal hearing in a situation where an employee either (i) fails to file a notice of appeal of a disciplinary action with the Director or Director's designee within the 240-hour period allowed in Chapter 143 or (ii) fails to properly state the basis of appeal. This shall result in an appeal in the matter not being established. If the appeal is untimely or does not properly state the basis for the appeal, the Director or Director's designee shall notify the employee that the appeal shall not be considered.
- SUBPOENA - Before requesting a subpoena duces tecum for the production of documents, a party shall first make a request for the documents directly to the other party and allow a reasonable time for a response. If the request is refused or otherwise not produced, then a request may be filed with the Director or Director's designee requesting the Commission to issue a subpoena duces tecum, this