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<br />4. <br />AN AMENDMENT PROVIDING THAT AN APPEAL TO A <br />HEARING EXAMINER IS LIMITED TO <br />CASES OF DEMOTION, INDEFINITE SUSPENSION, <br />OR DISCIPLINARY ACTIONS OF TEN DAYS OR MORE <br /> <br />Current Law <br /> <br />Section l43.057(a) requires that the city's letter of disciplinary action issued to a fire <br />fighter or police officer state that in an appeal of an indefinite suspension, a <br />suspension, promotional passover or a recommended demotion, the appealing fire <br />fighter or police officer may elect tci appeal to an independent third party hearing <br />examiner mstead of the civil service commission. Therefore, the fire fighter or <br />police officer is given the choice of going before the commission or before the <br />hearing examiner since both have the same jurisdiction in appeals. <br /> <br />Proposed Chanl:e <br /> <br />This amendment would allow the fire fighter or police officer the choice of <br />appealing to a hearing examiner only in the case of an indefinite suspension, a <br />recommended demotion, or a suspension of ten days or more. <br /> <br />Reasons for Proposed Chanl:e <br /> <br />The cities under civil service have had five years of experience with appeals to <br />hearing examiners. A two-day hearing often costs $1,500 or more, not including the <br />hearing examiner's travel expenses. This seems particularly expenSive when the <br />appeal involves a one-day suspension. An appeal of a one-day suspension to the <br />Civil service commission costs virtually nothing. This amendment would allow an <br />appeal to a hearing examiner in the most serious of disciplinary actions -- an <br />indefinite suspension, a recommended demotion, or a suspension of ten days or <br />more. This amendment does not dilute an officer's nght to a due process <br />proceeding, since the promotional passover or suspension of less than 10 days is <br />always appealable to the civil service commission. <br />