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<br /> 2. <br /> AN AMENDMENT REQUIRING HEARING <br /> EXAMINERS TO BASE THEIR <br /> DECISIONS ON SPECIFIC CRITERIA <br /> Current Law <br /> Section 143.057(f) states that the hearing examiner has the same duties and po\vers <br /> as the Civil Service Commission as they relate to conducting disciplinary appeals, <br /> including the right to issue subpoenas. <br /> Section 143.057(j) provides for an appeal to district court of a hearing examiner's <br /> decision only on the grounds that the examiner's decision was without jurisdiction or <br /> exceeded its jurisdiction or if the order was procured by fraud, collusion, or other <br /> unlawful means. <br /> Proposed~han2e <br /> This amendment would clearly define the phrase: "the same duties and powers of <br /> the commission." The proposed amendment would state that a commission or a <br /> third party hearing examiner mal uphold a suspension or dismissal of a fire fighter <br /> or police officer for a violation 0 a civil service rule by determining that the specific <br /> charï;s against the fire fighter or police officer are true. This amendment would <br /> clari that the same "findings" standard currently required of the commission is also <br /> reguired of the hearing examiner. In the event the hearing examiner does not make <br /> a fInding concerning the truth of the charges, that decision may be appealed. <br /> Reasons fur...Proposed~han2e <br /> The commission is required to find the truth of the specific charges against the fire <br /> fighter or police officer, and the hearing ~xaminer has the same duties and powers <br /> as the commission. However, if a hearing examiner does not make a finding as to <br /> the truth of the charges, there is no recourse. This change would specificaHy state <br /> this duty of the hearing examiner and provide for an appeal if the hearing examiner <br /> fails to comply. <br /> PAGE 2 of 10 OF EXHIBIT A <br />