HomeMy WebLinkAboutOrdinance 2739
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ORDINANCE NO. 2739
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AN ORDINANCE AMENDING RULE 11.03 OF THE CIVIL SERVICE RULES
AND REGULATIONS TO PROVIDE FOR LIMITATIONS ON AND
ENFORCEMENT OF SUBPOENAS; REQUIRING PRE-FILED WITNESS
LISTS CONTAINING THE SUBSTANCE OF WITNESS TESTIMONY;
REQUIRING WRITTEN DOCUMENTS TO BE PRE-FILED AND FURNISHED
TO OPPOSING PARTIES; AND RESTRICTING THE TESTIMONY OF
WITNESSES TO PRE-FILED DOCUMENTS.
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WHEREAS, the City Council has received the recommendation of the Civil Service
Commission to amend the existing civil service rules and regulations to provide
for full disclosure of all matters which may be brought before the Commission
and to ensure fairness by providing for enforceable subpoenas while limiting the
subpoenas to those matters relevant to the disciplinary case under consideration;
and,
WHEREAS, the city's attorney and staff concur in such recommended changes and the City
Council finds that such changes appear to be fair and workable; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT Civil Service Rule 11.03 is hereby amended by inserting the following
before the opening paragraph of such Rule:
"Either party may request, and subpoenas shall be issued, for any person who either witnessed
the event giving rise to the discipline or who participated in the investigation ofthe appellant's
conduct, or who, as a person in the appellant's chain of command, reviewed the report and
made recommendations concerning culpability or level of discipline. No subpoena shall be
issued for any person unless the applicant therefor shall state such person's involvement and
what such person is expected to testify to. No subpoena shall be issued unless requested at least
ten (10) days before the scheduled hearing date.
No subpoenas shall be issued for any person sought only for reputation testimony or to adduce
testimony about conduct of persons other than the appellant, provided, however, City records
concerning discipline may be subpoenaed and introduced through the Civil Service Director.
In extraordinary situations involving indefinite suspensions in which the appellant has, prior
to requesting subpoenas, waived the thirty (30) day limit for hearings and requested subpoenas
other than as pennitted herein, and has stated in writing the questions which will be asked and
testimony which is expected to be obtained from such witnesses for whom subpoenas would
Ordinarce No. 2739
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not otherwise be issued, the Commission shall hear arguments from both sides and shall
detennine whether such subpoenas shall be issued. The Commission may consider any
affidavits from such proposed witnesses in deciding whether to issue such subpoenas.
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Subpoenas will be denied if it appears that the purpose thereof is to obfuscate, unnecessarily
delay, or to increase the City's cost by requiring payment for witnesses whose testimony is
irrelevant, repetitious, or of little value in detennining the appeal.
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Witnesses who fail to appear when subject to subpoenas shall be referred to the heads oftheir
respective departments for disciplinary action."
Section 2:
Civil Service Rule 11.03 f. is hereby amended to read as follows:
"f.
Evidence:
1.
Pre-filed. No written testimony shall be considered unless pre-filed and
furnished to the opposing party at least ten (10) days before the hearing.
At least ten (10) days before the hearing, both sides shall file and furnish
to the opposing party a witness list and a report containing the substance
ofthe testimony of each witness to be called. Such reports and evidence
may be supplemented, to include rebuttal witnesses and evidence, if
filed at least three (3) days before the hearing and furnished to the
opposing party.
2.
Live Witnesses. No live witness or testimony shall be permitted unless
included in a report filed as contemplated by 1. hereof, provided,
however, the Commission may, in its discretion, permit rebuttal
witnesses and testimony not contained in a filed report. No witness
shall be questioned about any matter not identified in a report, provided,
however, unlimited cross-examination will be allowed, and any matter
inquired about in cross-examination may be addressed in redirect.
Issues raised in cross-examination may be addressed by the opposing
party to other witnesses, even if such issues were not identified by the
party seeking to inquire into such matters.
Strict rules of evidence shall not apply, but the presiding officer shall have
discretion to receive or exclude testimony so as to ensure a fair hearing to both
sides. "
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 23rd day of September, 2003.
Ordinarn:: No. 2739
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atricia 'fìütson,' 'Öty Secretary
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By:
CITY OF NORTH RICHLAND HILLS
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Oscar Trevino, Mayor
APPRO~ AS TO FORM AND LEGALITY:
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George A. Staple , Attorney
Ordinarc e No. 2739
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