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<br /> 4. <br /> AN AMENDMENT PROVIDING THAT AN APPEAL TO A <br /> HEARING EXAMINER IS LIMITED TO <br /> CASES OF DEMOTION, INDEFINITE SUSPENSION, <br /> OR DISCIPLINARY ACTIONS OF TEN DAYS OR MORE <br /> CurrenLLaw <br /> Section 143.057(a) requires that the city's letter of disciplinary action issued to a fire <br /> fighter or police officer state that in an appeal of an indefinite suspension, a <br /> suspension, promotional passover or a recommended demotion, the appealing fire <br /> fighter or police officer may elect to appeal to an independent third par~ hearing <br /> examiner instead of the civil service commission. Therefore, the fire iïhter or <br /> holice officer is given the choice of going before the commission or be ore the <br /> earing examiner since both have the same jurisdiction in appeals. <br /> Proposed Chan¡:e <br /> This amendment would allow the fire fighter or yolice officer the choice of <br /> appealing to a hearing examiner only in the case 0 an indefinite suspension, a <br /> recommended demotion, or a suspension of ten days or more. <br /> Reasons for Proposed Chan~e <br /> The cities under civil service have had five years of experience with appeals to <br /> hearing examiners. A two-day hearing often costs $1,500 or more, not including the <br /> hearing examiner's travel expenses. This seems particularly expensive when the <br /> appeal involves a one-day suspension. An appeal of a one-day suspension to the <br /> civil service commission costs virtually nothing. This amendment would allow an <br /> appeal to a hearing examiner in the most serious of disciplinary actions -- an <br /> indefinite suspension, a recommended demotion, or a suspension of ten days or <br /> more. This amendment does not dilute an officer's right to a due process <br /> proceeding, since the promotional passover or suspension of less than 10 days is <br /> always appealable to the civil service commission. <br /> PAGE 4 OF lO OF EXHIBIT A <br />