CITY OF BALCH SPRINGS CIVIL SERVICE RULES & REGULATIONS

request shall be filed with the Director or Director's designee at least ten (10) days prior to the hearing date, and the party requesting the documents shall also serve the opposing party with a copy of the subpoena duces tecum at least ten (10) days prior to the hearing date. If the opposing party wishes to object to the request for the issuance of a subpoena duces tecum, the opposing party shall file its written objections with the Director or Director's designee at least six (6) days prior to the hearing. If the Commission receives written objections to the issuance of a subpoena duces tecum from the opposing party, the Commission shall meet no later than the third day before the hearing to determine whether to issue, quash or modify the requested subpoena. This meeting may be convened by conference call at the discretion of the Chairman. The Director or Director's designee shall then notify the parties verbally and in writing of the Commission's decision. Because of the short time frame permitted in this process, all written materials may be served by facsimile by the parties to each other and to the Director.

A request for subpoena to compel the attendance of a witness shall be coordinated through the Director. A request for a subpoena shall be submitted at least ten (10) days prior to the scheduled hearing date in order to be processed in a timely manner. The Director or Director's designee shall issue a subpoena on behalf of the Commission.

4. In appeals to the Commission, the "rules of evidence" shall not be observed.
5. The Commission shall base its decisions on "substantial evidence."

“Substantial evidence” is evidence which a reasoning mind would accept as sufficient to support a particular conclusion and consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.

Under the substantial evidence rule, as applied in administrative proceedings, evidence is competent and may be considered, regardless of its source and nature, if it is the kind of evidence that "a reasonable mind might accept as adequate to support a conclusion."

Section 143.011 DECISIONS AND RECORDS

See Section 143.011 of Texas Local Government Code

Section 143.012 DIRECTOR

See Section 143.012 of Texas Local Government Code

The Director or Director's designee shall perform work incidental to the Civil Service System as required by the Commission. All communications or requests to the Commission shall be made in writing to the Director. The Director or Director's designee shall also act as Secretary to the Commission. The Director's duties include, but are not limited to:

1. Supervising all examinations, including the preparation, scheduling, scoring and security of test materials;
2. Coordinating the recruitment and examination of applicants;
3. Assisting in the classification of Police Department positions;
4. Assisting the Chairperson in setting the agenda for the Commission meetings;
5. Acting as liaison and providing staff support to the Commission;

Civil Service Commission Rules and Regulations 11/08/2023