Texas Government Code
Sec.
§
411.0071
Direct Appointment to Management Team Positions by Director
(a)
The director may designate a head of a division or a position that involves working directly with the director as a management team position.
(b)
The director may directly appoint a person to a position designated as a management team position under Subsection (a) under criteria determined by the director and approved by the commission. The directors appointment of a person to a management team position or transfer of a person from a management team position to another position for which the person is qualified, as determined by the director, is not subject to Section 411.007.
(c)
A person appointed to a management team position under this section, on removal from that position, shall be returned to the position the person held immediately before appointment to the management team position or to a position of equivalent rank. If a person is removed from a management team position as a result of the filing of a formal charge of misconduct, this subsection applies only if the person is exonerated for the misconduct charged.Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
(1)
"Disciplinary action" means discharge, suspension, or demotion.
(2)
"Employment-related grievance" means an employment-related issue, other than a disciplinary action, in regard to which an employee wishes to express dissatisfaction, including promotions, leave requests, performance evaluations, transfers, benefits, working environment, shift or duty assignments, harassment, retaliation, and relationships with supervisors or other employees or any other issue the commission determines by rule.
(b)
The commission shall establish procedures and practices governing the appeal of a disciplinary action within the department.
(c)
The commission shall establish procedures and practices through which the department will address an employment-related grievance that include:
(1)
a form on which an employee may state an employment-related grievance and request a specific corrective action;
(2)
time limits for submitting a grievance and for management to respond to a grievance;
(3)
a multilevel process in which an employees grievance is submitted to the lowest appropriate level of management, with each subsequent appeal submitted to a higher level in the chain of command;
(4)
an assurance that confidentiality of all parties involved will be maintained, except to the extent that information is subject to disclosure under Section 411.00755 and Chapter 552, and that retaliation against an employee who files a grievance is prohibited; and
(5)
a program to advertise and explain the grievance procedure to all employees.
(d)
The department shall submit annually to the commission, and as part of its biennial report to the legislature required under Section 411.004, a report on the departments use of the employment-related grievance process under Subsection (c). The report must include:
(1)
the number of grievances filed;
(2)
a brief description of the subject of each grievance filed; and
(3)
the final disposition of each grievance.Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.Amended by:Acts 2007, 80th Leg., R.S., Ch. 35 (S.B. 740), Sec. 2, eff. May 4, 2007.