CHAPTER 160. GRIEVANCE PROCEDURE FOR COUNTY EMPLOYEES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 160. GRIEVANCE PROCEDURE FOR COUNTY EMPLOYEES

Sec. 160.001. POLICY. The purpose of this chapter is to provide

reasonable, standardized grievance procedures for certain

counties and their employees because:

(1) it is the policy of this state that the right of public

employees to present, individually or through a representative

that does not claim the right to strike, grievances concerning

their wages, hours of work, or conditions of work should continue

unimpaired; and

(2) the application of that policy creates a need for

reasonable, standardized procedures for certain populous counties

and their employees.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.

Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This chapter

applies only to a county with a population of more than 2.4

million and its employees, including but not limited to the

employees of road and bridge districts, flood control districts,

and juvenile probation departments in the county. However, this

chapter does not apply to the employees of a sheriff's

department.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Amended by Acts 2003, 78th Leg., ch. 632, Sec. 1, eff.

Sept. 1, 2003.

Sec. 160.003. DEFINITION. In this chapter, "grievance" means a

claim by an employee that the employee was adversely affected by

a violation, misinterpretation, misapplication, or disparity in

the application of a specific law, ordinance, resolution, written

or unwritten policy, or rule regarding wages, hours of work, or

conditions of work.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.

Sec. 160.004. PROCEDURE IN GENERAL. A grievance must be

presented and adjusted in accordance with the grievance

procedures prescribed by this chapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.

Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE. (a) The

commissioners court of the county shall enact orders to provide

for:

(1) filing of written grievances;

(2) written responses to the grievance allegations;

(3) procedures for appeal to an appointed county grievance

resolutions committee;

(4) further appeal to the commissioners court;

(5) presentation of grievances by an employee's requested

representative;

(6) reasonable leave with pay for the presentation of

grievances; and

(7) other necessary procedures to permit effective

implementation of this chapter.

(b) The orders and procedures shall apply equally to all

employees of the county, including employees of independent

elected officials, and shall provide for reasonable timetables

for filing and responding to grievances.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.

Sec. 160.006. NO RETALIATION OR REPRISAL. (a) An employee may

not be made subject to retaliation, reprisal, or discrimination

on account of having exercised any right or participated in any

procedure established by this chapter. A supervisor or management

official may not be made subject to retaliation, reprisal, or

discrimination because of any grievance adjustment offered under

this chapter to an employee with a grievance or because of

testifying on any employee's behalf during a grievance procedure

under this chapter.

(b) A district court of appropriate venue may enjoin a violation

of this section. The court may order, in addition to other

relief, the mandatory reinstatement and the payment of back pay

for individuals discharged, suspended, or demoted in violation of

this section.

(c) An individual suffering retaliation, reprisal, or

discrimination in violation of this section is entitled to

reasonable attorney's fees as a result of successful court action

regarding the retaliation, reprisal, or discrimination.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.

Sec. 160.007. PROSPECTIVE APPLICATION OF CHAPTER AND AMENDED

ORDER. (a) This Act applies only to a grievance based on events

that occur on or after June 20, 1987.

(b) If the commissioners court amends an order adopted under

this chapter, the amended order does not apply to a grievance

alleged to have occurred before the date of the amended order.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989.