DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES.

Dallas City Code ch. 34, art. VI

in effect

Dallas City Code § 34-37 DISCIPLINE PROCEDURES.

SEC. 34-37. DISCIPLINE PROCEDURES. (a) Guidelines. The director of human resources is authorized and directed to promulgate guidelines and procedures, consistent with the city charter, ordinances, and civil service rules and regulations, as are reasonably necessary and appropriate to implement the rules of employee conduct and discipline contained in this chapter. (b) Departmental rules. Because of the variety of services performed by the city, it may be necessary for departments to establish codes of conduct, rules, orders, directives, and procedures to accomplish departmental responsibilities. An employee who violates a departmental code of conduct, rule, order, directive, or procedure is subject to disciplinary action. Departments may designate the level of supervisory or departmental authority at which disciplinary action may be taken or recommended. The provisions of this chapter and the procedures set forth in the administrative directives of the city take precedence over departmental rules. (c) Pending investigations. When an employee is suspected of a violation of a city, state, or federal law, rule, order, directive, procedure, or regulation that, if proven, would justify disciplinary action, an investigation may be conducted to determine the exact nature and extent of the alleged violation, and the employee may be placed on administrative leave with pay pending the outcome of the investigation and the imposition of disciplinary action. (d) Disciplinary action; procedures and notices. (1) Formal disciplinary action includes reprimand, suspension, demotion, or discharge. Removal from a position as a result of a reorganization or reduction in force is not a disciplinary action. Letters of counseling or advice are not considered to be disciplinary action but are meant for the purpose of advising the employee of: (A) deficiencies in the employee’s conduct or performance; (B) possible violations caused by the employee’s conduct or performance; or (C) ways in which the employee’s conduct or performance should be improved. (2) The procedure for a formal disciplinary action of reprimand, suspension, demotion, or discharge includes the following: (A) Written notice must be given to the employee stating: (i) the type of disciplinary action taken, i.e., reprimand, suspension, demotion, or discharge; (ii) the specific rule violated; (iii) the specific incident causing the action; and (iv) the employee’s right to appeal, if applicable, to a specific office within a specified time. (B) Before an action of demotion or discharge is taken, an employee who has an internal right of appeal to a civil service trial board or to an administrative law judge must be given an opportunity to respond to the allegations, both in writing and orally, before the person having authority to take the action. (3) The disciplinary procedures set forth in Paragraph (2) of this subsection do not apply to: (A) a department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter; (B) a permanent appointee who has not completed an initial probation, if applicable, as described in Section 34-11(d) of this chapter; or (C) a non-civil service employee. (4) A suspension imposed under this subsection may not exceed 45 working days for a single disciplinary action. Any employee who merits a suspension longer than 45 working days should be discharged. This subsection does not imply that a discharge that, upon appeal, has been reduced to a suspension cannot exceed 45 working days. (Ord. Nos. 19340; 19562; 21304; 22026; 24873; 26182; 28425)

Dallas City Code § 34-38 GRIEVANCE AND APPEAL PROCEDURES.

SEC. 34-38. GRIEVANCE AND APPEAL PROCEDURES. (a) Applicability. This section applies to every permanent city employee except the following: (1) A department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter. (2) A non-civil service employee. (b) Purpose. The grievance and appeal procedures described in this section are provided for the purpose of giving an employee the opportunity to: (1) present a grievance concerning the employee's working conditions that the employee claims have been adversely affected by a violation, misinterpretation, or misapplication of a specific law, ordinance, resolution, policy, rule, or regulation; (2) appeal a disciplinary action; or (3) appeal a job performance rating or merit rating. (c) Terms and conditions. (1) An employee who may appeal a grievance or disciplinary action may have two levels of appeal hearings but no more than a total of four hearings. Appeals of demotions or terminations to the civil service trial board or an administrative law judge are counted as one level of appeal hearing. (2) A grievance or a disciplinary appeal may be heard during regularly scheduled working hours without loss of pay to the employee, provided the privilege is not abused. (3) Preparation of a grievance or a disciplinary appeal, except for seeking assistance from the department of human resources, is not permitted during the employee’s working hours. (4) A sworn member of the police department or fire department may appeal a grievance only through Step 3, except that the grievance may be appealed beyond Step 3 if it involves: (A) a claim of discrimination because of the employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer; or (B) a claim relating to an interpretation or application of a civil service rule. (5) Except for the final step in appealing a demotion or discharge, a hearing under these procedures is an informal discussion held without the taking of a written record. During any appeal hearing, a participant may take written notes. An employee must be willing to discuss the evidence and answer questions concerning the grievance or appeal at each step. Failure to discuss the facts of the case at any informal level of these procedures will constitute withdrawal of the grievance or appeal and will cause the last decision rendered to become nonappealable. (6) An employee may seek assistance or representation in presenting a grievance or an appeal at any step. Guidance and assistance on the grievance or appeal procedures may be obtained from the department of human resources. If another employee is selected to provide assistance or representation on the grievance or appeal, that employee is not eligible for regular pay but may be released on vacation leave or leave without pay, depending upon departmental procedure. The supervisor may also obtain assistance or representation. (7) The days used to establish time limits in this section are working days. Time limits begin to run the working day following the incident, event, hearing, or notice. Unless otherwise provided, the time limits for grievance or appeal requests require that the grievance or appeal request actually be received within that time period by the office designated as the next step for the grievance or appeal. (8) Unless due to reasons beyond the employee’s control, if an employee fails to file a grievance or an appeal within the time limits prescribed in Subsection (f) of this section or fails to personally appear at a hearing, the matter will be considered as having been accepted and the last decision rendered will be nonappealable. (9) If the hearing of a grievance or an appeal is not held within 20 working days after the date the request is received (unless the hearing date is extended by mutual agreement or for extraordinary circumstances such as a death in the family or documented illness), the employee requesting the hearing may proceed to the next level of appeal. The city manager, park board, civil service board, trial board, and administrative law judge hearing processes are excluded from this time limitation. (10) If a disposition of a grievance or an appeal is not issued within the specified time limit, the employee may proceed to the next step, if applicable, by filing a grievance or appeal request to the next step within 20 working days after the date of the last hearing in the grievance or appeal process. If the employee fails to timely file a grievance or appeal request to the next step, the last disposition of the grievance or appeal is nonappealable. (11) Any time limit specified in the procedures under this section may be extended by mutual agreement. (12) A grievance filed against a department other than the employee’s own department must be brought to the director of the charged department and is initiated at Step 3 of these procedures. The charged department is responsible for keeping the employee’s own department informed of progress at each step of the grievance or appeal and for supplying the employee’s department with copies of the findings. (13) An employee who has not completed probation, when required, after appointment or reappointment to city employment may not file an appeal of a disciplinary action. An employee who has not completed probation, when required, after a promotion may not appeal a demotion. (14) An employee shall not be subject to retaliation for using the grievance or appeal procedures. (15) An appeal concerning a job performance rating or merit rating may not proceed beyond Step 3 unless the person issuing the job performance rating is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating. (16) An appeal of a reprimand may not proceed beyond Step 3 unless the person issuing the reprimand is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating. (17) The right to grieve ends if the employee terminates employment with the city. (18) An employee may not grieve a position classification. (19) The city vehicle collision appeal process will be administered in accordance with any applicable provisions of this chapter and with specific procedures and requirements outlined in the administrative directives of the city. (20) An employee who files a grievance and subsequently files an appeal of the disposition of that grievance shall submit a copy of the original grievance at all levels of appeal. (21) At every grievance appeal level, the hearing officer shall only hear matters contained in the original grievance. (d) Grievance. A grievance and request for a hearing must be submitted in writing and must contain the following information: (1) a brief explanation of the incident causing the grievance, including the date of occurrence; (2) a brief statement showing how the employee’s working conditions were adversely affected by the incident; (3) the specific violation, misinterpretation, or misapplication of the specific law, ordinance, resolution, policy, rule, or regulation of which the employee is complaining; (4) the remedy or solution sought; and (5) the signature of the aggrieved employee. (e) Disciplinary appeal. An appeal of a disciplinary action and request for a hearing must be submitted in writing to the person designated in the disciplinary notice, and must contain the following information: (1) the disciplinary action being appealed and the effective date of the disciplinary action; (2) the specific reason the discipline is judged to be unjust or otherwise in error; (3) the remedy or solution sought; and (4) the signature of the disciplined employee. (f) Grievance and appeal procedure steps: (1) Step 1. An employee who has a grievance shall, within 10 working days from the date of the occurrence that caused the grievance, or from the date the employee first had knowledge of the occurrence, request in writing a discussion of the grievance with the employee’s immediate supervisor. The employee must also send a copy of the grievance to the department of human resources. A careful review of the charges and evidence or of the action or omission will be conducted. The supervisor shall respond in writing to the employee, stating the disposition of the grievance, within 10 working days after the discussion. If the grievance alleges a violation of the administrative directives on harassment and/or workplace violence and the immediate supervisor is a direct party in the alleged incident, the employee may file the grievance with the next higher level of supervision above the immediate supervisor. This step does not apply to the appeal of a disciplinary action. (2) Step 2. If a grievance is not resolved or the employee wishes to appeal a disciplinary action to Step 2, the employee must, within 10 working days after receipt of the supervisor’s written disposition of a grievance or of the disciplinary notice, submit a written request for a hearing to the person designated to hear the grievance or appeal at this level. A hearing shall be conducted within a reasonable time of receipt of the request and a written disposition issued within 10 working days after the date of the hearing. At the discretion of the department director, this step may be completely omitted or may be modified to require two separate hearings before different mid-managers in the department. (3) Step 3. If a grievance or an appeal is not resolved and the employee wishes to proceed to Step 3, the employee must, within 10 working days after receipt of the disposition in the previous step, submit a written request for a hearing to the department director. A hearing must be conducted within a reasonable time after receipt of the request, and a written disposition must be issued within 10 working days after the hearing. (4) Step 4. (A) If a grievance or an appeal is still not resolved and the employee wishes to proceed to Step 4, the employee must, within 10 working days after receipt of the disposition in the previous step or of the disciplinary notice, submit a written request for a hearing to the designated assistant city manager or, in the case of a sworn member of the police department appealing a discharge, to the city manager, in care of the director of human resources of the city. A hearing must be conducted within a reasonable time after receipt of the request, and a knowledgeable representative of the department must be present and, in the case of a sworn member of the police department appealing a discharge, the police chief must also be present and will be represented by a representative of the city attorney. At the hearing, the assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may, at his or her discretion, allow witnesses on behalf of the employee and the city. A written disposition must be issued within 10 working days after the hearing. If the employee introduces new and relevant evidence in a timely manner at this step, the assistant city manager or the city manager, whichever is applicable, may recess the hearing for 10 working days to give the department an opportunity to assess the evidence and re-examine its position. (B) The assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may either affirm the action of the department director or the director’s designee, set aside the action of the department director or the director’s designee, or direct the department director or the director’s designee to enter a new order that the assistant city manager or the city manager, whichever is applicable, determines is just and equitable. Notwithstanding any other provision of this code or the city charter, the assistant city manager or the city manager, whichever is applicable, is not limited in determining the extent of any discipline ordered. (g) Exception to Step 4 procedure. An employee of the employees’ retirement fund or the police and fire pension system shall bring a grievance or an appeal respectively to the employees’ retirement fund board or the police and fire pension board instead of to an assistant city manager in Step 4 of these procedures. Step 4 does not apply to an employee of the city auditor’s, city secretary’s, or civil service office. (h) Step 4 procedure for suspensions. When an employee requests a Step 4 hearing for the appeal of a suspension before a designated assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, the following procedures apply in addition to those prescribed in Subsection (f)(4) of this section, except that the employees’ retirement fund board and the police and fire pension board may adopt procedures in lieu of those set forth in this subsection to be followed in hearings before their boards: (1) At the hearing, the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, shall hear witnesses on behalf of the employee and the city and shall allow the introduction of documentary evidence. (2) In accordance with Section 18, Chapter III of the city charter, the assistant city manager, the employees’ retirement fund board, and the police and fire pension board are granted the power to compel the attendance of witnesses and the production of testimony and evidence, administer oaths, and punish for contempt in the same manner as provided by law for judges of the municipal court. At the request of an appealing employee or the city, the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, shall issue subpoenas for the attendance of witnesses and the production of records at the hearing. (3) The city or the appealing employee must deliver a written request for a subpoena to the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, at least 10 working days before the hearing. The request for a subpoena must contain: (A) the name of the witness; (B) the address of the witness; (C) if the witness is a city employee, the name of the employee’s department; and (D) the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed. (4) The party requesting a subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times. (5) A subpoena for an active city employee may be served through the director of the employee's department. The assistant city manager assigned to the appeal hearing should forward subpoenas for non-city employees to the Dallas City Marshal for service on the witness. A witness served with a subpoena who fails to appear at the hearing or fails to produce requested evidence may be punished for contempt. (6) The disposition of a suspension appeal by the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, is nonappealable. (i) Final decision. (1) The disposition of a grievance or an appeal by the assistant city manager, city manager, employees' retirement fund board, secretary of the civil service board, city auditor, or city secretary is nonappealable, except when the grievance or appeal involved a: (A) claim of discrimination because of an employee's race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee's training, promotion, advancement, or transfer, which may be appealed to the civil service board; (B) civil service rule challenge, which may be appealed to the civil service board; or (C) demotion or discharge, which may be appealed to the trial board or an administrative law judge, unless provided otherwise in the city charter. (2) The disposition of a grievance or an appeal by the police and fire pension board is nonappealable, except when the grievance or appeal involved: (A) a claim of discrimination because of an employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer, which may be appealed to the civil service board; or (B) a civil service rule challenge, which may be appealed to the civil service board. (j) Nothing in this section conveys upon, implies, or intends to imply that an employee has a property interest in continued employment or a contract of employment with the city based on any right to grieve or appeal provided by this section or on the nondiscrimination policy stated in Section 34-35 of this chapter. Nothing in this section or in the nondiscrimination policy creates any right or remedy under any law or limits any existing right or remedy provided under any law. (k) For purposes of this section only, a reference to an assistant city manager also refers to a non-sworn managerial chief designated by the city manager, including, without limitation, deputy city manager, chief of economic development and housing, chief of community services, chief financial officer, and chief of staff to the city manager. (Ord. Nos. 19340; 19562; 21674; 22026; 22195; 22296; 22318; 24873; 24930; 25389; 26182; 26693; 28024; 29480; 30657; 31745; 32604)

Dallas City Code § 34-39 APPEALS TO THE CIVIL SERVICE BOARD.

SEC. 34-39. APPEALS TO THE CIVIL SERVICE BOARD. (a) General provisions, applicability, jurisdiction, and quorum. (1) To the extent that a rule adopted by the civil service board and approved by the city council conflicts with a provision of this chapter, this chapter prevails. (2) In this section: (A) BOARD means the civil service board of the city. (B) SECRETARY means the secretary of the civil service board. (3) This section does not apply to: (A) a department director, an assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter; (B) a non-civil service employee; or (C) applicants for employment. (4) The civil service board has jurisdiction to hear the following matters: (A) A grievance of a current employee that is not settled at the final grievance and appeal procedure step and that involves a claim of discrimination because of an employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer, but only if the request for a grievance hearing: (i) is filed in writing with the civil service board secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the grievance; (ii) contains the following information: (aa) a brief explanation of the incident causing the complaint, including the date of occurrence; (bb) a brief statement showing how the incident harmed the employee; (cc) the type of discrimination alleged; (dd) the remedy sought; (ee) the signature of the employee; and (ff) a certificate showing the date of service to the secretary; and (iii) has a copy of the original grievance attached to the request. (B) A grievance that is not settled at the final grievance and appeal procedure step and that involves an interpretation or application of a civil service rule, but only if the request for a grievance hearing: (i) is filed in writing with the secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the grievance; and (ii) contains the following information: (aa) a brief explanation of the incident causing the complaint, including the date of occurrence; (bb) a brief statement showing how the incident harmed the employee; (cc) the provision of the civil service board’s code of rules and regulations that is in question; (dd) the remedy sought; (ee) the signature of the employee; and (ff) a certificate showing the date of service to the secretary; and (iii) has a copy of the original grievance attached to the request. (5) The civil service board does not have jurisdiction to hear: (A) a grievance of an individual whose employment with the city has terminated, even if the original grievance was filed when the individual was a city employee; and (B) a grievance on a matter that was not included in the original grievance filed by an employee. (6) Any four members of the civil service board constitute a quorum for purposes of conducting any meeting or hearing under this section. All decisions or actions of the board under this section must be made by a majority of the board members present at a meeting or hearing. (b) Prehearing deadlines. (1) To the fullest extent possible, within fifteen working days after the date of service of the request to the secretary of the civil service board, as shown on the certificate attached to the request under Subsection 34-39(a)(4)(A), 34-39(a)(4)(B), or 34-39(a)(4)(C), the secretary shall do the following: (A) Set a hearing before the civil service board within 60 to 90 calendar days after receipt of the request by the secretary; however, the secretary of the civil service board may, with the approval of the civil service board chair, schedule a hearing outside of 60 to 90 calendar days from the date of the request. (B) Prepare a “statement of questions,” which must be styled, “Matter of (name of employee)” and include the following language: (i) If the grievance involves a claim of discrimination, the statement of questions must read “Did the employee establish, by a preponderance of the evidence, the existence of discrimination based on the employee’s (choose appropriate category - race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status) as it affects the employee’s (choose appropriate category - training, promotion, advancement, or transfer)?” (ii) If the grievance involves a claim of misinterpretation or misapplication of a board rule, the statement of questions must specify each rule alleged to have been violated. (iii) The statement of questions may not include any issue not included in the original grievance. (C) Transmit to each party notice of the hearing and the statement of questions. (2) Objections. (A) Within 10 working days after the date of service as shown on the certificate of service on the statement of questions, the parties shall file any objections to the statement of questions with the secretary. (B) Within five working days after the date of service as shown on the certificate of service on the objections, a response may be filed. (C) Objections may be resolved at the hearing immediately before evidence is accepted. (3) Continuances. (A) At least 15 working days before a hearing or two working days after a party learns of the facts requiring a continuance, whichever date is earlier, a motion for continuance of the hearing may be filed. (B) Within five working days after the date of service as shown on the certificate of service on the motion for continuance, a response may be filed. (C) Other than in cases in which the parties agree to abate a hearing to await the final adjudication of underlying criminal charges, the parties may agree to a continuance, in which case, the hearing will be continued for up to 60 calendar days. Agreed continuances in excess of 180 days from the date of the original setting of the hearing must be approved by the civil service board chair, or his or her designee who shall be a member of the civil service board. (D) If the parties do not agree to a continuance, the continuance may be granted by a majority of the board members present at a meeting or hearing at which the motion for continuance is considered. (4) Exchange of information. At least 10 working days before the hearing, each party shall: (A) exchange witness lists; (B) exchange exhibits; (C) stipulate to undisputed facts; (D) stipulate to the admissibility of exhibits; and (E) file with the secretary a position statement that must include a: (i) statement of the party’s position on the issues in the statement of questions; (ii) designation of undisputed facts; (iii) list of witnesses and the estimated time required for the direct examination of each witness; and (iv) list of exhibits. (5) Request for subpoenas. At least 30 working days before the hearing, each party may file with the secretary a request for subpoena of witnesses and documents, in accordance with the following: (A) The request for subpoena of witnesses and documents must include: (i) the name and address of each witness to be subpoenaed; (ii) if a witness is a city employee, the name of the employee’s department; and (iii) if documents are being subpoenaed, the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed. (B) The party requesting the subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times. (C) The board has the power to compel the attendance of witnesses and the production of testimony and evidence, to administer oaths, and to punish for contempt in the same manner as provided for municipal judges. (D) Either party may object to a subpoena request within seven working days after receiving notice of the subpoena request. Objections to subpoenas must be in writing, submitted to the secretary, and copied to the opposing party, who has three working days after receipt of the objections to respond in writing to the substantive reasons for the objection. (E) The secretary shall forward the written objections and the response to the objections, if any, to the civil service board chair for resolution. If the civil service board chair is unavailable, the objections must be ruled upon by his or her designee, who shall be a member of the civil service board. (F) Once the scope of the subpoena is determined by the civil service board chair, or if no objections are filed, each party shall organize and number the responsive information (“the released documents”) before turning it over to the secretary. The released documents must be provided within an amount of time determined by the civil service board chair or, if no objections are filed, in an amount of time determined by the secretary. The secretary shall provide a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents. (G) The individual picking up the released documents must sign for the produced information. The requesting party has three working days to submit, in writing, any objections to the completeness of the released documents. The producing party has three working days to respond, in writing, to the substantive reasons for the requesting party’s objections. The secretary shall maintain one complete copy of the released documents, to allow the civil service board chair to fully assess and rule on any objections to the completeness of compliance with the subpoena. (H) The secretary shall forward the objections and any response to the objections to the civil service board chair for resolution. If the civil service board chair is unavailable, the objections will be ruled upon by his or her designee, who shall be a member of the civil service board. (I) Decisions rendered by the civil service board chair (or his or her designee, if applicable) regarding subpoenas or responsive information are final and are not subject to further appeal. (J) After all decisions have been rendered by the civil service board chair regarding the scope of documents to be released pursuant to a subpoena, the secretary shall provide a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents. (6) Challenge of board members. (A) At least 10 working days before the hearing, a motion to challenge a board member may be filed with the secretary and served upon all parties. (B) Within five working days after the date of service as shown on the certificate of service on the motion to challenge a board member, a response may be filed. (C) A challenge may not be made after the hearing begins, unless the challenge is based on a board member’s: (i) ineligibility to hear the matter; or (ii) conduct during the hearing. (D) If the challenged member does not voluntarily withdraw, the board, by a majority vote, not counting the vote of the challenged member, may remove the member. (7) Service of subpoenas. (A) At least five working days before the hearing, the secretary shall cause all subpoenas to be personally served. (B) The secretary shall designate a person to deliver the subpoenas and that person shall sign each subpoena stating that the witness was served. (C) The subpoena of an active city employee may be served through the director of the employee’s department. (8) Computation of time. (A) In computing any period of time prescribed in this section, the day of the act or event from which the designated period of time begins to run is not included. (B) The last day of the time period is included, unless it is a Saturday, Sunday, or official holiday observed by the city, in which event the period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or official holiday observed by the city. (C) Except as otherwise specified, time periods will be calculated based on calendar days. (c) Hearings. (1) Any four members of the board constitute a quorum for a hearing under this section. The board chair (or, in the chair’s absence, the vice chair or longest serving board member present) shall preside at any hearing and make rulings regarding evidence or procedure. Upon motion of any board member, the board, by majority vote, may overrule or modify any ruling by the chair. (2) The employee has the burden of establishing, by a preponderance of the evidence, that the city discriminated against the employee or misapplied or misinterpreted a rule as alleged. (3) If the board, by majority vote, determines, by a preponderance of the evidence, that the city discriminated against the employee or misapplied or misinterpreted a rule as alleged, the board shall direct such relief as it deems just and equitable. (4) The appealing employee: (A) may request the hearing or deliberations, which are usually open to the public, to be closed; and (B) may not be compensated for time away from the employee’s city position while attending a hearing, unless so ordered by the board. (5) The board may exclude: (A) redundant, irrelevant, or cumulative evidence; (B) evidence that is not competent or properly authenticated; (C) any exhibit not previously exchanged; and (D) the testimony of a witness not previously identified as a witness. (6) The secretary shall maintain a record of the hearing and shall, at the city’s expense, appoint a court reporter to make a record of the hearing. (7) The board shall release city employee witnesses as soon as possible to return to city business. (8) Placing witnesses under the rule. (A) Upon request by either party, the witnesses on both sides shall be sworn and removed from the hearing room so they cannot hear the testimony as delivered by any other witness in the case. (B) Witnesses shall be instructed that they are not to converse with each other or with any other person about the case, other than the attorneys in the case. (9) After the parties have rested, the board may request a party to produce additional evidence as the board deems necessary to decide the issues before it. (d) Disposition. (1) Dismissal. A grievance or any part of a grievance must be dismissed for, but not limited to, any of the following reasons: (A) The appealing employee fails to appear in person at the hearing, unless: (i) good cause for the failure to appear is shown; and (ii) the city would not be unduly prejudiced if the grievance is not dismissed. (B) The appealing employee fails to introduce sufficient evidence to prove the alleged discrimination or misapplication or misinterpretation of a rule. (C) The board cannot grant the relief that the appealing employee has requested. (D) The board lacks jurisdiction. (2) Board orders. (A) The disposition of a grievance must be reduced to writing by the secretary and transmitted to the parties within three working days after the board has announced its ruling. This writing is the order of the board. (B) The order is final unless a motion for rehearing is filed within 10 working days after the date on the written order. (3) Relief. The board may grant the prevailing party relief that is just and equitable as is consistent with the city charter and other applicable law. (4) Costs. The board may not authorize payment of attorney’s fees, expenses, or costs or provide payment of damages beyond payment of salary and benefits that would have ordinarily been paid to the appealing employee. (e) Post-hearing deadlines. (1) Within 10 working days after the date on the written order, a motion for rehearing may be filed by either party. (2) A motion for rehearing may be granted by the board only if the order: (A) exceeds the board’s authority; (B) contains provisions im-permissible under applicable law; (C) is unclear; or (D) incorrectly states the dis-position of the matter. (f) Other matters. (1) If a court of law rules on an issue involved in the grievance, the board’s order must conform with the court’s ruling or must be vacated in deference to the court’s ruling, whichever is applicable. (2) The board may order, with the consent of the parties, that any matters having common issues of fact be consolidated. (3) No party or party representative shall communicate with any board member regarding the issues involved in the grievance except at the hearing. (4) The board, by majority vote, may seek advice regarding its jurisdiction or the nature and extent of its authority from the city attorney. (5) A party may be heard through a representative if that representative is designated: (A) in writing filed with the secretary and served on all parties; (B) on the record at the hearing before evidence is accepted; or (C) through the signature of the representative on any paper filed with the secretary on behalf of the party. (6) The secretary shall ensure that the board receives any materials filed by the parties. (7) Any paper served by a party on the secretary must include a certificate showing service to all other parties. (8) Service upon the city must be accomplished by serving the assistant city attorney assigned to the hearing. (9) Nothing in this section may be construed to authorize the practice of law except as permitted by the Supreme Court of Texas. (10) By presenting to the board (whether by signing, submitting, or later advocating) a request for a hearing, a complaint, a written or oral motion, or any other document, the party is certifying that it is acting in good faith. (g) Nothing in this section conveys upon, implies, or intends to imply that an employee has a property interest in continued employment or a contract of employment with the city based on any right to grieve or appeal provided by this section or on the nondiscrimination policy stated in Section 34-35 of this chapter. Nothing in this section or in the nondiscrimination policy creates any right or remedy under any law or limits any existing right or remedy provided under any law. (Ord. Nos. 19340; 20988; 22195; 24873; 24930; 25051; 26182; 28024; 29480)

Dallas City Code § 34-40 APPEALS TO THE TRIAL BOARD OR ADMINISTRATIVE LAW JUDGE.

SEC. 34-40. APPEALS TO THE TRIAL BOARD OR ADMINISTRATIVE LAW JUDGE. (a) General provisions, applicability, and jurisdiction. (1) To the extent that a rule adopted by the civil service board, civil service trial boards, or administrative law judges and approved by the city council conflicts with a provision of this chapter, this chapter prevails. (2) In this section: (A) BOARD means the civil service board of the city. (B) TRIAL BOARD means a civil service trial board. (C) SECRETARY means the secretary of the civil service board, who will also serve as secretary to each trial board and each administrative law judge. (3) This section does not apply to: (A) a department director, an assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter; or (B) a non-civil service employee. (4) A civil service trial board and an administrative law judge have jurisdiction to hear an appeal by an employee if the appeal: (A) involves a demotion or discharge, unless provided otherwise in the city charter; (B) is filed in writing with the secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the appeal; (C) contains the following information: (i) the type of disciplinary action being appealed and the effective date of the action; (ii) the specific reason the discipline is unjust or otherwise in error; (iii) the remedy sought; (iv) the signature of the employee; and (v) a certificate showing the date of service to the secretary; and (D) has a copy of the disciplinary action attached to the appeal. (5) Designating whether an appeal is heard by a trial board or an administrative law judge. (A) An employee must specify in the appeal filed with the secretary whether the appeal will be heard by a trial board or an administrative law judge. This choice is final. (B) All appeals will be heard by a trial board unless otherwise specified by the appealing employee. (C) By choosing to have a hearing before an administrative law judge, the appealing employee agrees to pay one-half of the administrative law judge’s fee for the hearing, based on a rate established by contract with the city. Before a hearing will be held before an administrative law judge, the employee must deposit with the civil service board secretary a cash amount equal to one-half the estimated fee of the administrative judge as determined by the secretary based on the estimated length of the hearing. If the deposit exceeds the actual cost of the hearing, the employee shall be refunded the difference. If the deposit is insufficient to cover the actual cost of the hearing, the employee must pay the additional amount. (b) Selection of a trial board or an administrative law judge. (1) For hearings before a trial board, the secretary shall select trial board members according to a rotation schedule established by the chair of the civil service board. The trial board must be composed of a civil service board member and two adjunct members of the civil service board. (2) For hearings before an administrative law judge, the secretary shall select the administrative law judge according to a rotation schedule established by the chair of the civil service board. An administrative law judge who is involved in litigation against the city may not hear an appeal. (3) The secretary shall promptly designate a replacement if a trial board member or an administrative law judge is unable to serve at a hearing and shall inform all parties of the replacement. A substitute trial board member or administrative law judge must be selected in accordance with the rotation schedule established under Paragraph (2) of this subsection. (4) The civil service board member serving on a trial board shall preside as the chair at any hearing before the trial board and shall make any rulings regarding evidence or procedure. The chair’s rulings may be overruled or modified by a majority vote of the other trial board members hearing the matter. (5) The administrative law judge shall preside at any hearing before the administrative law judge and shall make any rulings regarding evidence or procedure. (c) Prehearing deadlines. (1) To the fullest extent possible, within fifteen working days after the date of service of the request to the secretary, as shown on the certificate attached to the request under Subsection (a)(4)(C) of this section, the secretary shall do the following: (A) Set a hearing before a trial board or an administrative law judge within 60 to 90 calendar days after receipt of the request by the secretary; however, the secretary of the civil service board may, with the approval of the trial board chair or the administrative law judge, schedule a hearing outside of 60 to 90 calendar days from the date of the request. (B) Prepare a “statement of questions,” which must be styled, “Matter of (name of employee)” and must specify the rules alleged to have been violated as stated in the letter of demotion or discharge. (C) Designate the trial board members who will hear the appeal or, if elected by the employee, the administrative law judge. (D) Transmit to each party notice of the hearing, the statement of questions, and the names of the trial board members or the name of the administrative law judge, whichever is applicable. (2) Objections. (A) Within 10 working days after the date of service as shown on the certificate of service on the statement of questions, the parties shall file any objections to the statement of questions with the secretary. (B) Within five working days after the date of service as shown on the certificate of service on the objections, a response may be filed. (C) Objections may be resolved at the hearing immediately before evidence is accepted. (3) Continuances. (A) At least 15 working days before a hearing or two working days after a party learns of the facts requiring a continuance, whichever date is earlier, a motion for continuance of the hearing may be filed. (B) Within five working days after the date of service as shown on the certificate of service on the motion for continuance, a response may be filed. (C) Other than in cases in which the parties agree to abate a hearing to await the final adjudication of underlying criminal charges, the parties may agree to a continuance, in which case, the hearing will be continued for up to 60 calendar days. Agreed continuances in excess of 180 days from the date of the original setting of the hearing must be approved by the administrative law judge or the trial board chair, or his or her designee, who shall be a member of the trial board. (D) If the parties do not agree to a continuance: (i) for a hearing before a trial board, the continuance may be granted by a majority of the trial board members present at a meeting or hearing at which the motion for continuance is considered; or (ii) for a hearing before an administrative law judge, the secretary shall request a ruling from the administrative law judge on the motion for continuance. (4) Exchange of information. At least 10 working days before the hearing, each party shall: (A) exchange witness lists; (B) exchange exhibits; (C) stipulate to undisputed facts; (D) stipulate to the admissibility of exhibits; and (E) file with the secretary a position statement that must include: (i) a statement of the party’s position on the issues in the statement of questions; (ii) a designation of undisputed facts; (iii) a list of witnesses and the estimated time required for the direct examination of each witness; and (iv) a list of exhibits. (5) Request for subpoenas. At least 30 working days before the hearing, each party may file with the secretary, and copy the opposing party, a request for subpoena of witnesses and documents, in accordance with the following: (A) The request for subpoena of witnesses and documents must include: (i) the name and address of each witness to be subpoenaed; (ii) if a witness is a city employee, the name of the employee’s department; and (iii) if documents are being subpoenaed, the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed. (B) The party requesting the subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times. (C) The trial board or the administrative law judge has the power to compel the attendance of witnesses and the production of testimony and evidence, to administer oaths, and to punish for contempt in the same manner as provided for municipal judges. (D) Either party may object to a subpoena request within seven working days after receiving notice of the subpoena request. Objections to subpoenas must be in writing, submitted to the secretary, and copied to the opposing party, who has three working days after receipt of the objections to respond in writing to the substantive reasons for the objections to the requested subpoenas. (E) The secretary shall forward the objections and the response to the objections, if any, to the administrative law judge or trial board chair for resolution. If the trial board chair is unavailable, the objections must be ruled upon by his or her designee, who shall be a member of the trial board. (F) Once the scope of the subpoena is determined by the administrative law judge or trial board chair, or if no objections are filed, each party shall organize and number the responsive information (“released documents”) before turning it over to the secretary. The released documents must be provided within the amount of time determined by the administrative law judge or trial board chair or, if no objections are filed, in an amount of time determined by the secretary. The secretary shall release a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents. (G) The individual picking up the released documents must sign for the produced information. The requesting party has three working days to submit, in writing, any objections to the completeness of the released documents. The producing party has three working days to respond, in writing, to the substantive reasons for the requesting party’s objections. The secretary shall maintain one complete copy of the released documents, to allow the administrative law judge or trial board chair to fully assess and rule on any objections to the completeness of compliance with the subpoena. (H) The secretary shall forward the objections and any response to the objections to the administrative law judge or trial board chair for resolution. If the trial board chair is unavailable, the objections shall be ruled upon by his or her designee, who shall be a member of the trial board. (I) Decisions rendered by the administrative law judge or trial board chair (or his or her designee, if applicable) regarding subpoenas or responsive information are final and are not subject to further appeal. (J) After all decisions have been rendered by the administrative law judge or trial board chair regarding the scope of documents to be released pursuant to a subpoena, the secretary shall release a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents. (6) Challenge of a trial board member or an administrative law judge. (A) At least 10 working days before the hearing, a motion to challenge a trial board member or an administrative law judge may be filed with the secretary and served upon all parties. (B) Within five working days after the date of service as shown on the certificate of service on the motion to challenge a trial board member or an administrative law judge, a response may be filed. (C) A challenge may not be made after the hearing begins, unless the challenge is based on: (i) the ineligibility of a trial board member or an administrative law judge to hear the matter; or (ii) the conduct of a trial board member or an administrative law judge during the hearing. (D) If a challenged trial board member does not voluntarily withdraw, the trial board, by a unanimous vote, not counting the vote of the challenged member, may remove the member. (E) If a challenged administrative law judge does not voluntarily withdraw, the administrative municipal judge of the municipal court of record may remove the member. (F) If a challenge results in withdrawal of a trial board member or an administrative law judge, the hearing may be continued to a date certain. (G) If a challenge results in withdrawal of a trial board member of an administrative law judge, the secretary shall promptly designate a replacement and inform all parties of the replacement. (H) A challenge to a substituted trial board member or administrative law judge must be submitted as soon as possible. (7) Service of subpoenas. (A) At least five working days before the hearing, the secretary shall cause all subpoenas to be personally served. (B) The secretary shall designate a person to deliver the subpoenas and that person shall sign each subpoena stating that the witness was served. (C) The subpoena of an active city employee may be served through the director of the employee’s department. (8) Computation of time. (A) In computing any period of time prescribed in this section, the day of the act or event from which the designated period of time begins to run is not included. (B) The last day of the time period is included, unless it is a Saturday, Sunday, or official holiday observed by the city, in which event the period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or official holiday observed by the city. (C) Except as otherwise specified, time periods will be calculated based on calendar days. (d) Hearings. (1) A hearing must be conducted in two phases, as follows: (A) Phase I. (i) In Phase I, the trial board, by majority vote, or the administrative law judge shall determine, by a preponderance of the evidence, whether the employee committed any of the alleged rule violations. (ii) If the trial board, by majority vote, or the administrative law judge determines that the employee committed none of the alleged rule violations, the trial board or administrative law judge may take whatever action is just and equitable, and the hearing will be closed. (iii) If the trial board, by majority vote, or the administrative law judge determines that the employee committed at least one of the alleged rule violations, the hearing will proceed to Phase II. (B) Phase II. (i) In Phase II, the trial board or the administrative law judge shall hear evidence concerning the appropriateness of the discipline imposed for the sustained rule violations. (ii) The trial board, by majority vote, or the administrative law judge may either sustain, reverse, modify, or amend the disciplinary action as is determined just and equitable, provided that the disciplinary action must be sustained if a reasonable person could have taken the same disciplinary action against the employee. (iii) The trial board or the administrative law judge may consider only the evidence relating to the violations sustained in Phase I and the employee’s previous employment record with the city, but may not consider the employee’s subsequent performance with the city. (2) The appealing employee: (A) may request the hearing or deliberations, which are usually open to the public, to be closed; and (B) shall not be compensated for time away from the employee’s city position while attending a hearing, unless so ordered by the trial board or the administrative law judge. (3) The trial board or the administrative law judge may exclude: (A) redundant, irrelevant, or cumulative evidence; (B) evidence that is not competent or properly authenticated; (C) any exhibit not previously exchanged; and (D) the testimony of a witness not previously identified as a witness. (4) The secretary shall maintain a record of the hearing and shall, at the city’s expense, appoint a court reporter to make a record of the hearing. (5) The trial board or the administrative law judge will release city employee witnesses as soon as possible to return to city business. (6) Placing witnesses under the rule. (A) Upon request by either party, the witnesses on both sides shall be sworn and removed from the hearing room so they cannot hear the testimony as delivered by any other witness in the case. (B) Witnesses shall be instructed that they are not to converse with each other or with any other person about the case, other than the attorneys in the case. (7) After the parties have rested, the trial board or the administrative law judge may request a party to produce additional evidence as the trial board or administrative law judge deems necessary to decide the issues before them. (e) Disposition. (1) Dismissal. An appeal must be dismissed for, but not limited to, any of the following reasons: (A) The appealing employee fails to appear in person at the hearing, unless: (i) good cause for the failure to appear is shown; and (ii) the city is not unduly prejudiced. (B) The trial board or the administrative law judge lacks jurisdiction. (C) The appealing employee fails to pay the amount owed to the administrative law judge prior to the beginning of the hearing. (2) Board orders. (A) The disposition of an appeal must be reduced to writing by the secretary and transmitted to the parties within three working days after the trial board or the administrative law judge has announced the ruling. This writing is the order of the trial board or the administrative law judge. (B) The order is final unless a motion for rehearing is filed within 10 working days after the date on the written order. (3) Relief. The trial board or the administrative law judge may grant the prevailing party relief that is just and equitable as is consistent with the city charter and other applicable law. (4) Costs. The trial board or the administrative law judge may not authorize payment of attorney’s fees, expenses, or costs or provide payment of damages beyond payment of salary and benefits that would have ordinarily been paid to the appealing employee. (f) Post-hearing deadlines. (1) Motion for rehearing. (A) Within 10 working days after the date on the written order, a motion for rehearing may be filed by either party. (B) A motion for rehearing may be granted by the trial board or the administrative law judge only if the order: (i) exceeds the authority of the trial board or the administrative law judge; (ii) contains provisions impermissible under applicable law; (iii) is unclear; or (iv) incorrectly states the disposition of the matter. (C) A motion for rehearing must be considered by the same trial board or administrative law judge who heard the appeal, except that if any trial board member or the administrative law judge is unavailable, the secretary shall designate a replacement. (2) Appeals to state district court. (A) Either party may appeal the order of the trial board or administrative law judge to state district court within one year after: (i) the date on the last written order, if no rehearing is requested; (ii) the date on the written order denying the rehearing, if a rehearing is requested and denied; or (iii) the date on the written order issued after the rehearing, if a rehearing is requested and granted. (B) The appeal to the district court must be decided upon review of the record of the hearing. (C) An appeal by the city must be approved by the city manager and the city attorney. (D) The appealing party shall, at its expense, furnish to the court a copy of the complete hearing record presented to the trial board or the administrative law judge, including a certified copy of the transcript taken by the court reporter, pleadings, hearing transcripts, exhibits, orders, and all evidence admitted during the hearing. The appealing party is responsible for paying the court reporter's fees for preparing the official hearing transcript. (E) If the appealing party fails to provide the district court with any material required by Paragraph (2)(D) of this subsection, the appeal must be dismissed. (F) Any appeal to state district court must be initiated by a citation and service of process pursuant to Texas Rule of Civil Procedure 106. (g) Other matters. (1) Reserved. (2) If a court of law rules on an issue involved in the appeal, the order of the trial board or administrative law judge must conform with the court’s ruling or must be vacated in deference to the court’s ruling, whichever is applicable. (3) The chair of the civil service board may order, with the consent of the parties, that any matters having common issues of fact be consolidated. (4) No party or party representative shall communicate with any trial board member or administrative law judge regarding the issues involved in the appeal except at the hearing. (5) The trial board, by majority vote, or the administrative law judge may seek advice regarding its jurisdiction or the nature and extent of its authority from the city attorney. (6) A party may be heard through a representative if that representative is designated: (A) in writing filed with the secretary and served on all parties; (B) on the record at the hearing before evidence is accepted; or (C) through the signature of the representative on any paper filed with the secretary on behalf of the party. (7) The secretary shall ensure that the trial board or the administrative law judge receives any materials filed by the parties. (8) Any paper served by a party on the secretary must include a certificate showing service to all other parties. (9) Service upon the city must be accomplished by serving the assistant city attorney assigned to the hearing. (10) Nothing in this section may be construed to authorize the practice of law except as permitted by the Supreme Court of Texas. (11) By presenting to the trial board or the administrative law judge (whether by signing, submitting, or later advocating) a request for a hearing, a complaint, a written or oral motion, or any other document, the party is certifying that it is acting in good faith. (Ord. Nos. 19340; 20526; 21304; 21674; 22612; 24873; 24930; 26182; 27098; 28024; 29480; 31745)

Dallas City Code § 34-41 RESERVED. (Repealed by Ord. 26182)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116266Fetched: 10/26/2026