THE THIRD-PARTY HEARING EXAMINER APPEALS PROCESS UNDER THE TEXAS MUNICIPAL CIVIL SERVICE ACT: PERCEPTIONS OF THE INSTITUTIONAL PARTIES

GERALYN MCCLURE FRANKLIN


DOI: 10.2190/GLJY-8EEY-5Q9D-YHXM

Abstract

This article examines a 1983 revision in the Texas Municipal Civil Service Act. The provision allows fire fighters and police officers to appeal certain matters before the local civil service commission or an independent third-party hearing examiner. A survey of fire fighter and police officer association officials revealed that more indefinite suspension and suspension cases are appealed to hearing examiners. Promotional Passovers and recommended demotions are more likely to be appealed to civil service commissions. The survey also discovered that officials representing fire fighter associations, police officer association, and cities are generally aware of the specific procedures under the hearing examiner appeals process. Finally, the research indicated that fire fighter association officials do not perceive that the third-party hearing examiner process has been implemented as mandate. Police officer association official and city officials, however, do perceive that the process has been implemented in accord with mandates.

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