Monday, May 23, 2005

Fire at will: Sect 38 special

I need to do a follow up on a previous post. Some interesting points were brought to my attention that will affect how an elected chief, or any city employee, can be protected. First, section 38 of the city charter pretty much prohibits employment contracts and asserts the cities right to preemptory discharge of any employee. It is likely this was added to the city charter in an attempt to discourage unionizing city employees.

Civil service already trumps this section for covered employees. It also appears that this might be in conflict with the Texas labor code. Chapter 101.003 gurantees an individuals right to bargain for terms of employment. There is also a grievance procedure listed in chapter 102 that sets the rules for arbitration and arbitration boards. Chapter 102 doesn't apply automatically, but is a good starting point.

Too bad this wasn't researched before the election on an appointed police chief.

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