19-55 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-55
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION B, "INFORMAL HEARING PROCESS,"
SUBSECTION C, "FORMAL HEARING PROCESS," AND SUBSECTION D,
"HEARING PROCEDURE FOR FORMAL HEARINGS," OF SECTION 7.02 OF
CHAPTER 7 OF THE TOWN OF PROSPER PERSONNEL POLICIES AND
REGULATIONS MANUAL RELATIVE TO ASSIGNING A THREE -PERSON
DISCIPLINARY REVIEW PANEL FOR INFORMAL AND FORMAL
DISCIPLINARY REVIEW HEARINGS; MAKING FINDINGS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), is
required, pursuant to Section 4.06 of the Town Charter, as amended, to adopt personnel rules for
the Town, after preparation of same by the Town Manager; and
WHEREAS, the Town Manager and Town staff studied and recommended the adoption
of certain amendments to the current Town of Prosper Personnel Policies and Regulations
Manual, as amended; and
WHEREAS, the proposed amendments referenced herein are in accordance with the
aforementioned charter authority.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subsection B, "Informal Hearing
Process", Subsection C, "Formal Hearing Process", and Subsection D, "Hearing Procedure for
Formal Hearings," of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and
Regulations Manual is hereby amended to read as follows:
"B. Informal Hearing Process
An employee who has received discipline in excess of an oral warning, employee
consultation, and/or verbal reprimand may request an informal hearing.
2. The employee must make the request for the informal hearing in writing within three
working days after receiving notification of an action taken. The written request must set
forth the specific reasons why the employee feels the action is not justified.
3. By requesting an informal hearing, the employee shall waive a formal hearing.
4. Upon receipt of the request for an informal disciplinary review hearing, the Town Manager
will assign a three -person disciplinary review panel ("panel"). The appointed panel will be
disinterested parties.
5. The informal hearing will consist of the employee, the department director and/or the
supervisor who imposed the disciplinary action, and the panel. The employee and the
department director and/or the supervisor who imposed the disciplinary action will each
have the opportunity to address the hearing with information concerning the appeal.
6. An informal hearing will be conducted within ten working days of the employee's request
for an informal hearing, unless an extension is agreed upon by the parties.
7. Upon conclusion of the hearing, the panel will make a decision and recommendation to
the Town Manager within five working days from the date of the hearing. The Town
Manager will make a final determination within twenty working days of receipt of the
panel's decision and recommendation. The Town Manager's decision is final and non -
appealable.
C. Formal Hearing Process
An employee who has received discipline in excess of an oral warning/employee
consultation/verbal reprimand may request a formal hearing.
2. The employee must make the request for the formal hearing in writing within three working
days after receiving notification of an action taken. The written request must set forth the
specific reasons why the employee feels the action is not justified.
3. Upon receipt of the request for a formal disciplinary review hearing, the Town Manager
will assign a three -person disciplinary review panel. The appointed panel will be
disinterested parties.
4. A formal hearing may include the presentation of evidence, witnesses, and justification of
the action taken against the employee. The formal hearing will be heard by the panel
according to guidelines outlined in Subsection D, below.
5. A formal hearing will be conducted within ten working days of the employee's request for
a formal hearing, unless an extension is agreed upon by the parties.
6. Upon conclusion of the hearing, the panel will make a decision and recommendation to
the Town Manager within five working days from the date of the hearing. The Town
Manger will make a final recommendation within twenty working days of receipt of the
panel's decision and recommendation. The Town Manager's decision is final and non -
appealable.
D. Hearing Procedure for Formal Hearings
Any formal hearing shall proceed as follows: Town representative(s) shall be allowed to make a
presentation of the Town's case, explaining and detailing the reasons for the disciplinary action
imposed. Such presentation may include the production of witnesses and/or documentation
supporting the disciplinary action imposed. After the Town's presentation, the employee shall be
permitted to ask questions and/or cross examine witnesses. Thereafter, the affected employee
Ordinance No. 19-55, Page 2
1
1
shall be permitted to make any statements or produce witnesses and/or documentation on the
employee's behalf. After the employee's presentation, the Town representative shall be permitted
to ask questions and/or cross-examine witnesses. Both sides shall be permitted to ask questions
and/or cross examine witnesses. Both sides shall be permitted to make a closing statement, if
desired. At any time during the hearing, the panel may ask questions of the Town's
representative(s), the employee and any witnesses. The hearing presentation or procedure
referenced herein may be modified and there is no absolute right to any hearing procedure or
presentation. Further, the failure to follow any hearing presentation or procedure referenced
herein does not create any additional appeal rights."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PAS �D� � � � � � � E,D, A
TOWN OF PROS I� -(Ns
ATTEST: `
191
Robyn Ir
ttle, Town Secretary
ND ADOPTED
13TH DAY OF
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
BY THE TOWN COUNCIL OF THE
AUGUST, 2019.
— f_4_-C45�1
Ray Smit , Mayor
Ordinance No. 19-55, Page 3