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G-03-06-12-9B1 - 6/12/2003ORDINANCE NO. v -03-040- j -98) AN ORDINANCE AMENDING CHAPTER 7, SECTIONS 7.505 AND 7.506, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE GROUNDS FOR DISCIPLINARY ACTION; TO INCREASE THE TIME FOR THE APPOINTMENT OF THE DISCIPLINARY ACTION REVIEW PANEL AND SCHEDULING OF HEARING WHEN REQUESTED BY THE CHIEF OF POLICE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 7, Section 7.505 (1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 7.505 GROUNDS FOR DISCIPLINARY ACTION (1) An Officer may not be Suspended, Demoted, or Terminated except for just cause which shall be defined as one or more of the following grounds: (a) conviction of a felony or other crime involving moral turpitude; (b) violations of the Round Rock Home Rule Charter; (c) acts of incompetency; (d) neglect of duty; (e) discourtesy to the public or to a fellow employee while the Officer is in the line of duty; (f) acts showing lack of good moral character; (g) drinking intoxicants while on duty or intoxication while off duty; (h) conduct prejudicial to good order; (i) refusal or neglect to pay just debts; (j) absence without leave; (k) shirking duty or cowardice; or (1) violation of an applicable Department rule, policy or order; or (m) violation of an applicable City ordinance, rule or policy. II. That Chapter 7, Section 7.506 (7), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: @PFDesktop\: : ODMA/WORLDOX/O:/WDOX/ORDINANC/030612B1.WPD/vr 7.506 DISCIPLINARY ACTION REVIEW PANEL (7) HR Director Duties and Responsibilities. The HR Director shall have the following duties and responsibilities: (a) To appoint the members of the DARP within 15 days of receipt of an Officer's notice of appeal from a Suspension or Demotion or within 10 days of receipt of the Chief's notice that Termination of an Officer is being considered; (b) To arrange a hearing location and scheduling the hearing of the DARP within 30 calendar days of receipt of an Officer's notice of appeal from a Suspension or Demotion or within 20 days of receipt of the Chief's notice that Termination of an Officer is being considered; and (c) To prepare and distribute a notice of a hearing at least 7 days prior to a DARP hearing. The notice shall be distributed to the Chief, the Officer, the Officer's supervisor, and the City Attorney. III. 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. 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 Meetings Act, READ and formally acted upon, all as required by the Open Chapter 551, Texas Government Code, as amended. v APPROVEDAOn first ading this the it day of , 2003. READ, APPROVED and ADOPTED on day of 2003. 2 second reading this the N ATTEST: , Mayor ity of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 3 DATE: June 6, 2003 SUBJECT: City Council Meeting — June 12, 2003 ITEM: 9.B.1. Consider an ordinance amending Chapter 7, Sections 7.505, and 7.506 of the Round Rock Code of Ordinance (1995 Edition) to amend the Police Department Disciplinary Procedure. (First Reading) Resource: Paul Conner, Chief of Police History: In June 2002, City Council adopted an ordinance that establishes a comprehensive process to address disciplinary action in addition to establishing a fair and impartial system to review the resulting disciplinary action. Prior to adopting Ordinance No. G -02-06-13-13A1, no city policy addressed these issues as they related to Police Officers. The changes before City Council address some minor implementation issues associated with the discipline process outlined in the ordinance. The first change lengthens the amount of time required for the Human Resources Director to appoint a disciplinary review panel and schedule a panel hearing. The second change more clearly defines what ordinance policy, rule or order violations may result in a disciplinary action. These changes were developed in conjunction with the Human Resources director and the Round Rock Police Officers Association. Funding: Cost: None Source: Outside Resources: None Impact/ Benefit: This ordinance change would streamline the process. Public Comment: N/A Sponsor: None