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Legal Procedures in Employee Suspension Cases

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18 Questions

If the department head intends to order an indefinite suspension after the ______ period, the department head must file with the attorney general a statement describing the criminal investigation and its objectives within 180 days after the date the act complained of occurred.

180-day

The department head may temporarily suspend the person with or without pay for a period not to exceed ______ days after the date of final disposition of the specified felony indictment or misdemeanor complaint.

30

The department head shall notify the suspended firefighter or police officer in writing that the person is being temporarily suspended for a specific period with or without pay within ______ days after the date the appeal is filed.

10

The director shall immediately request a list of seven qualified neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service, or their successors in function, upon or within ______ days after the date the appeal is filed.

10

The firefighter or police officer and the department head, or their designees, may agree on one of the seven neutral arbitrators on the list within ______ days after the date the appeal is filed.

10

The department head must file with the attorney general a statement describing the criminal investigation and its objectives within ______ days after the date the act complained of occurred.

180

If the report of the appointed physician, psychiatrist, or psychologist disagrees with the report of the firefighter's or police officer's personal physician, psychiatrist, or psychologist, the commission shall appoint a three-member board composed of a physician, a psychiatrist, and a psychologist to examine the firefighter or police officer. The board's findings as to the person's fitness for duty shall determine the issue.

appropriate

The firefighter or police officer shall pay ______ cost of ______ services of ______ person's personal physician, psychiatrist, or psychologist. The municipality shall pay all o______r costs.

the

In an appeal t______at does not involve an expedited ______earing procedure, t______e ______earing examiner s______all make a reasonable effort to render a decision on t______e appeal wit______in 30 days after t______e date t______e ______earing ends or t______e briefs are filed. T______e ______earing examiner's inability to meet t______e time requirements imposed by t______is section does not affect t______e ______earing examiner's jurisdiction, t______e validity of t______e disciplinary action, or t______e ______earing examiner's final decision.

h

If a municipality is unable to recruit qualified firefighters because of the maximum age limit prescribed by Section 143.023 and the municipality's governing body finds that ____________

fi

The board's findings as to the person's fitness for duty shall determine the issue. ____________

ff

The hearing examiner shall make a reasonable effort to render a decision on the appeal within 30 days after the date the hearing ends or the briefs are filed. ____________

fi

If they do not agree within ve working days after the date they received the list, each party or the party's designee shall alternate striking a name from the list and the name remaining is the hearing examiner. The parties or their designees shall agree on a date for the ______.

hearing

The appeal hearing shall begin as soon as the hearing examiner can be scheduled. If the hearing examiner cannot begin the hearing within 45 calendar days after the date of selection, the ______ or police officer may, within two days after learning of that fact, call for the selection of a new hearing examiner using the procedure prescribed by Subsection (d).

fighter

In each hearing conducted under this section, the hearing examiner has the same duties and powers as the commission, including the right to issue ______.

subpoenas

In a hearing conducted under this section, the parties may agree to an expedited hearing procedure. Unless otherwise agreed by the parties, in an expedited procedure the hearing examiner shall render a decision on the appeal within 10 days after the date the hearing ______.

ended

The parties or their designees shall agree on a date for the hearing. If the hearing examiner cannot begin the hearing within 45 calendar days after the date of selection, the fighter or police officer may, within two days after learning of that fact, call for the selection of a new hearing examiner using the ______ prescribed by Subsection (d).

procedure

If they do not agree within ve working days after the date they received the list, each party or the party's designee shall alternate striking a name from the list and the name remaining is the hearing examiner. The appeal hearing shall begin as soon as the hearing examiner can be scheduled. If the hearing examiner cannot begin the hearing within 45 calendar days after the date of selection, the fighter or police officer may, within two days after learning of that fact, call for the selection of a new hearing examiner using the procedure prescribed by ______.

Subsection (d)

Learn about legal procedures related to indefinite suspension of employees. This includes the requirement for the department head to file a statement with the attorney general and the role of hearing examiners in the process.

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