§ 32.025 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CHIEF EXECUTIVE. The officer of the city having the final authority to make the appointment to the position to be filled, being the Mayor.

   CIVIL SERVICE LAW. Tex. Local Gov’t Code §§ 143.001 et seq.

   CLASSIFIED SERVICE. The members of the Fire Department and the Police Department as defined under “firefighter” and “police officer” in this section; provided that, the Chief or head of the Fire Department and the Chief or head of the Police Department shall not be included in the CLASSIFIED SERVICE.

   COMMISSION. The Firefighters’ and Police Officers’ Civil Service Commission of the city.

   DEPARTMENT HEAD. The Chief or head of the Fire Department or the Chief or head of the Police Department.

   DIRECTOR. The Director of Firefighters’ and Police Officers’ Civil Service designated by the Firefighters’ and Police Officers’ Civil Service Commission to act in the capacity of Secretary to the Commission and Director of Civil Service.

   FIREFIGHTER. Any member of the Fire Department appointed to the position in substantial compliance with the provisions of Tex. Local Gov’t Code §§ 143.001 et seq., or entitled to civil service status under § 32.027 of this chapter. The term includes FIREFIGHTERS who perform fire suppression, fire prevention, fire training, fire safety education, fire maintenance, fire communications, fire medical emergency technology, fire photography or fire administration.

   POLICE OFFICER. Any member of the Police Department appointed to such position in substantial compliance with the provisions of Tex. Local Gov’t Code §§ 143.001 et seq., or entitled to civil service status under § 32.027 of this chapter.

   PUBLIC HEARING. An opportunity given after public notice of at least five days for any citizen or party interested to appeal and be heard at reasonable length on the matter involved.

(1998 Code, § 90-31)

§ 32.026 ESTABLISHMENT.

   In accordance with Tex. Local Gov’t Code §§ 143.001 et seq., which was adopted by the qualified voters of the city, there is hereby established a Civil Service System for Firefighters and Police Officers.

(1998 Code, § 90-32)

§ 32.027 STATUS OF PRESENT EMPLOYEES.

   Any person holding a position in the classified service at the time of the adoption of the Civil Service Law by the voters of the city, who shall have served in the service of the city continuously for at least six months, shall enjoy civil service status without competitive examinations, but shall thereafter be subject in all other respects to the provisions of this subchapter and the rules and regulations of the Commission. Any other persons in the classified service shall be regarded as holding their positions under temporary appointments.

(1998 Code, § 90-34)

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code § 143.005

§ 32.028 POLITICAL ACTIVITIES; LEAVES OF ABSENCE.

   (A)   Employees in the Fire Department or Police Department shall not be permitted to take an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. As used in this section, the term ACTIVE PART means making political speeches, passing out cards or other political literature, writing letters, signing petitions, actively and openly soliciting votes or making public derogatory remarks about candidates for these elective positions.

   (B)   Firefighters and police officers coming under the provisions of this subchapter are not required to contribute to any political fund or render any political service to any person or party whatsoever; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced by refusing to do so; and any official of the city coming under the provisions of this subchapter who attempts such actions shall be guilty of violating the provisions of this subchapter.

   (C)   No firefighter or police officer shall be refused reasonable leave of absence without pay; provided that, a sufficient number of employees to carry out the normal functions of the Department shall be provided, for the purpose of attending any fire or police school, convention or meeting, the purpose of which is to secure more efficient departments and better working conditions for the personnel thereof, nor shall any rule ever be adopted affecting their constitutional right to appear before or petition the legislature; provided, however, that, the Civil Service Commission or the City Commission may not further restrict the rights of employees of the Police and Fire Departments to engage in political activities, except as expressly provided in this section.

(1998 Code, § 90-35)

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code §§ 143.071, 143.086

§ 32.029 EMPLOYEES ENGAGING IN STRIKES.

   (A)   It shall be unlawful for any employee in the classified service of the city to engage in any strike against the city.

   (B)   In addition to the penalty provided in § 32.999(B) of this chapter, any employee who has been convicted of a violation of the provisions of this section shall thereby be automatically released and discharged from the classified service and shall thereafter be ineligible to receive any pay or compensation out of any public funds provided for the support of the classified service.

(1998 Code, § 90-36) Penalty, see § 32.999

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code § 143.087

POLICE DEPARTMENT GENERALLY

§ 32.040 APPOINTMENT OF CHIEF OF POLICE.

   The Chief of Police shall be appointed by the chief executive officer and confirmed by the City Commission.

(1998 Code, § 70-1)