1991-01-14 Regular Meeting - Laserfiche WebLink

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~H ~~ r{ ~' hI !• °~ '" AN AMENDMENT PROVIDING THAT A ~' DEMOTION IS EFFECTIVE IMMEDIATELY, I'~~ SUBJECT TO AN APPEAL i ,; ;, C'nrrent Law Under Sec. 143.054, the chief of the fire or police department may reco enrd~ie writing to the civil service commission that an officer be mvoluntanly demo ed. k '!~ chief must include reasons for the recommended demotion and request that the '~'~ commission order the demotion. If the commission believes that good ca se exists ? ~~~ for ordering the demotion, the commission shall give the fire fighter or poli a officer notice to appear before the commission for a public hearing. The commis on must jC give the police officer or fire fighter ten days notice before the hearing. !. I!; ii Proaosed Change j ' 4 ~; This amendment would provide that when the chief recommends a demo Yin for a police officer or fire fighter, the demotion would take effect immediately, ' bject to the appeal. `~'P Reasons for Proposed Change Currently, if the chief recommends a demotion, the decision must await a review and possible appeal to the commission or a third party hearing examiner. a only time requirement in the statute is one which requires that the commis ion give notice to the affected police officer or fire fighter. If the officer as been ~; suspended, the commission must hold a hearing and render a decision ~ writing wtthm 30 days after the date it received notice of appeal. Often, ~ 'ttorneys 'il.~ representing the employee in a demotion appeal will delay any heari ,, on the ~': matter, effectively blocking the attempted demotion of the officer. , ;: h 'i '~~ ~~ There seems to be no logic for the difference between a suspension (,~ ich has '`,`i immediate effect) and a demotion (which had effect only after an appeal), ;,, ; ' !i~ ' 'i ;~.