22 Tex. Admin. Code § 311.1 - Procedures

(a) Complaints alleging violations of the Board Code of Conduct by a board employee shall be submitted in writing to the executive director. If a board member is notified of a complaint against an employee, the board member shall direct the complainant to file a written complaint with the executive director. Complaints filed against a peace officer employee must comply with § 614.023 of the Government Code (relating to Copy of Complaint to be Given to Officer or Employee).

(b) The executive director shall notify the employee's supervisor that a complaint has been filed against the employee. The supervisor shall provide the employee with written notice that a complaint has been filed, which contains the date the complaint was filed and a description of the complaint. An anonymous complaint or a complaint filed by e-mail will not be considered a valid complaint for the purposes of this section.

(c) In order for a complaint concerning violations of the Code of Conduct to be considered valid, such complaint shall contain the following information:

(1) the date the complaint is filed;

(2) the date the violation occurred;

(3) the complainant's name, address, and telephone number;

(4) the name of the board employee;

(5) detailed description of the alleged violation;

(6) any written documentation or name of witnesses to the alleged violation; and

(7) the signature of the complainant.

(d) The executive director shall acknowledge receipt of the complaint in writing to the complainant. Such acknowledgment may include a request for additional information concerning the complaint or questions about the occurrence or statements.

(e) In reviewing the complaint, the executive director may contact the complainant if necessary and shall conduct a personal interview with the employee and give the employee ample opportunity to present evidence to support his or her explanation of the circumstances surrounding the complaint. The employee shall have the right to submit any relevant records, materials, comments, and documents to the executive director for review. Additionally, the employee has the right to review all documents and records involving the complaint. The employee may request the executive director to allow the board's legal counsel to advise the employee of his or her rights.

(f) Upon completing the review of the complaint and relevant statements or documents, the executive director shall render a decision concerning the complaint within 10 days and provide written notification of the decision to the employee, and his or her supervisor within five days of rendering the decision. The executive director shall notify the complainant of the disposition of the complaint. If the disposition of the complaint affects the employee's employment status, the employee has the right to exercise the board's grievance procedure.

(g) Complaints alleging violations of the Board Code of Conduct by the executive director shall be directed to the president of the board. The procedures set out in this section shall be followed in disposing of such complaints; provided, however, that for the purposes of this subsection, where the term "executive director" appears in the procedures set out in this section, the term "president of the board" shall be substituted therefor.

Notes

22 Tex. Admin. Code § 311.1

The provisions of this §311.1 adopted to be effective April 23, 1982, 7 TexReg 1481; amended to be effective September 8, 2002, 27 TexReg 8243; amended to be effective December 3, 2006, 31 TexReg 9612; amended to be effective March 10, 2011, 36 TexReg 1559