G-08-07-10-9B1 - 7/10/2008ORDINANCE NO. -0a-04 - (0 -- 9g
AN ORDINANCE RENUMBERING ARTICLE 13, SECTION 13.03 OF
THE ROUND ROCK HOME RULE CHARTER; AND PROVIDING A
SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, Section 14.13 of the Round Rock Charter provides
that the Council shall have the power, by ordinance, to renumber
and rearrange all articles, sections, and paragraphs of the
Charter, or any amendments thereto; and
WHEREAS, subparagraphs of Section 13.03 of the Charter
were numbered erroneously; and
WHEREAS, the Council has determined that said
subparagraphs should be renumbered appropriately; Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS,
I.
Pursuant to the authority granted by the existing Section
14.13 of the Round Rock Charter, the Council hereby:
a) changes subparagraphs (a) through (i) to subparagraphs
(a) through (j) .
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
0: WDOR ORDINANC 080710B LDDCrmc
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this /0/1L day
of /( , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
ATTEST:
SARA L. WHITE, City Secretary
AMCGRAW, Mayor
City of Round Rock, Texas
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SECTION 13.03 APPEALS TO A HEARING EXAMINER
(a) Notice of Appeal. If the Chief determines to impose a disciplinary action that
includes Suspension, Demotion, or Termination, and the Officer is not satisfied
with such decision, the Officer may elect to appeal the decision to a Hearing
Examiner. In order to exercise the right of appeal, the Officer shall file with the
Chief a written notice of appeal on forms provided by the City within three (3)
calendar days of being notified of the Chief's decision to impose Suspension,
Demotion, or Termination. The written notice of appeal shall not be effective
unless the Officer agrees to waive and release any and all rights the Officer might
have to appeal the Chief's decision to a court of law.
(b) Selection of Hearing Examiner. Upon receipt of the written notice of appeal, the
Chief shall notify the HR Director. The HR Director and the Officer shall attempt
to agree on the selection of a Hearing Examiner on or before 10 days after the
date the notice of appeal is filed. If no agreement is reached within the specified
time, The HR Director shall request a list of seven qualified neutral arbitrators
from the American Arbitration Association or the Federal Mediation and
Conciliation Service or their successors in function. The Officer and the HR
Director may agree on one of the seven arbitrators on the list. If they do not agree
within 25 days after the date the notice of appeal was filed, the Officer and the
HR Director shall on the 25th day after the appeal was filed alternate striking a
name from the list and the name remaining is the Hearing Examiner. In the event
that the 25`h day falls on a Saturday, Sunday, or a legal holiday, then the parties
shall strike the list on the next work day. The parties shall agree on a date for the
hearing that is within the time period prescribed in paragraph (d) below.
(c) Hearing Examiner's Jurisdiction and Authority. The Hearing Examiner has
jurisdiction to hear appeals from a decision of the Chief to Suspend, Demote or
Terminate an Officer. Upon consideration of the testimony, evidence, arguments,
and briefs, the Hearing Examiner may affirm, modify, or reverse the decision of
the Chief. If the Hearing Examiner determines to modify the decision, the
Hearing Examiner's authority to so modify is limited to the level of discipline
outlined in the Disciplinary Matrix.
(d) Appeal Hearing. The appeal hearing shall begin as soon as possible, but in any
event within 60 days after the date the appeal is filed. If the hearing is not begun
within 60 days after the date the appeal is filed, the Suspension, Demotion or
Termination is upheld and the appeal is withdrawn if the Officer is not ready to
proceed and the appeal is sustained if the Chief is not ready to proceed. In
computing the 60 -day period, a period of delay not to exceed 30 calendar days
because of a continuance granted at the request of the Chief or the Officer on
good cause being shown, or because of the unavoidable unavailability of the
Hearing Examiner on the date of the hearing. In no event may a Hearing
Examiner grant a continuance of more than 30 days in a hearing involving
Termination. A Hearing Examiner may grant a continuance beyond the 30 -day
period upon good cause being shown in a hearing involving Suspension or
Demotion unless the Officer has another disciplinary action pending.
(e) Subpoenas. The Hearing Examiner shall have the power to issue subpoenas.
40
(df) Expedited Procedure. The parties may agree to an expedited hearing procedure.
Unless otherwise agreed by the parties, in an expedited procedure the Hearing
Examiner shall render a decision on the appeal within 10 days after the date the
hearing closed.
(fg) Non -expedited Procedure. In an appeal that does not involve an expedited
hearing procedure, the Hearing Examiner shall make a reasonable effort to render
a decision on the appeal within 30 days after the date the hearing ends or the
briefs are filed. The Hearing Examiner's inability to meet the time requirements
imposed by this paragraph does not affect the Hearing Examiner's jurisdiction,
the validity of the disciplinary action, or the Hearing Examiner's final decision.
(gh) Final Decision. The Hearing Examiner's decision is final and binding on all
parties. No party shall have the right to appeal a Hearing Examiner's decision
except as provided in paragraph (ij) below.
(11i) Fees and Expenses. The Hearing Examiner's fees and expenses are shared
equally by the Officer and the City. The costs of a witness are paid by the party
who calls the witness.
(ij)
District Court Appeal. A district court may hear an appeal of a Hearing
Examiner's award only on the grounds that the Hearing Examiner was without
jurisdiction or exceeded its jurisdiction or that the order was procured by fraud,
collusion, or other unlawful means. If the basis for the appeal of the Hearing
Examiner's award is based on the grounds that the Hearing Examiner was
without jurisdiction or exceeded its jurisdiction, the petition must be filed in
district court within 10 days of the Hearing Examiner's decision. An appeal must
be brought in a district court in Williamson County, Texas.
(Charter Amendment approved by voters May 15, 2004)
41
DATE: July 1, 2008
SUBJECT: City Council Meeting — July 10, 2008
ITEM: *9B1. Consider an ordinance renumbering subparagraphs of Article 13, Section
13.03 of the Round Rock Home Rule Charter. (First Reading)
Department:
Staff Person:
Justification:
Legal
Steve Sheets, City Attorney
It was recently discovered that some of the subparagraphs of Section 13.03 of the Charter were
numbered incorrectly. This ordinance corrects that error.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
N/A
Public Comment:
N/A