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<br /> 1. <br /> AN AMENDMENT SPECIFYING CERTAIN <br /> QUALIFICATIONS FOR HEARING <br /> EXAMINERS UNDER CHAPTER 143 <br /> çurrent LID! <br /> Chapter 143.057 allows a police officer or fire fighter to appeal a disciplinary action <br /> to a third party hearing examiner. The only qualification necessary under state law <br /> is that the hearing examiner be a member of either the American Arbitration <br /> Association or the Federal Mediation and Conciliation Service. <br /> Proposed Chan¡:e <br /> This amendment would require that a third party hearing examiner receive special <br /> training re~arding Chapter 143 or that the hearing examiner be a retired or former <br /> judge who IS a member of the State Bar. <br /> Reasons for proposed....k.han¡:e <br /> Several cities have experienced problems with third party hearing examiners not <br /> understanding the nature of police or fire work. Pollee officers and fire fighters, <br /> because of the very nature of their work, interact with citizens everyday. Therefore, <br /> when a police chIef decides to indefinitely suspend a police offIcer because the <br /> officer has shown a history of unnecessary violence in arrest situations, violation of <br /> criminal laws, or for other reasons, the examiner often fails to understand the <br /> liability the city faces by keeping that officer on the force. <br /> In an attempt to reach a compromise between the city and an officer who has been <br /> disciplined, hearing examiners have reduced the punishment even though there is no <br /> dispute as to what the officer did. Since there is no appeal from a decision except in <br /> very limited situations, the city is often forced to return an obviously bad officer or <br /> fire fighter to the force. <br /> PAGE 1 of lO OF EXHIBIT A <br />