2019 08 22 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
AUGUST 22, 2019
The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday,
August 22, 2019, at 5:30 P.M., in the Hullum Conference Room of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
Charles Johnson
Council Member
Heather Betancourth
Council Member
Robert Hoskins
Mayor Pro Tem
David Himsel
Council Member
Chris Presley
Council Member
Brandon Capetillo
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the August 22, 2019, City Council Regular Work Session with a
quorum present at 5:30 P.M., all members were present.
DISCUSSIONS
a. Discuss the City of Baytown Municipal FY 2019-20 Proposed Budget.
City Manager Rick Davis presented the item and stated that staff had no additional comments
regarding the proposed budget, but were open to any comments and questions from Council
regarding this item. Council noted the following item:
• Insuring that the Police and Fire Department are properly staffed to include the
firefighters for the ladder truck;
• That City Management continue to work with Police Chief and Fire Chief at mid -budget
for staffing needs;
• Review the use of over time in Fire Department to consider the additional of full time
staff in order to reduce the need of over time to cover shifts when there are Kelly Days,
vacation time, sick time, etc.;
• That staff work to provide shading for people standing in line to enter Pirate's Bay; and
• Requested that the staff provide Council with the list of unfunded supplemental items in
the next budget.
City Council Regular Work Session Minutes
August 22, 2019
Page 2 of 4
Mr. Davis noted that he would continue to work with the Chiefs on giving them the resources
that they need to be successful in their missions and endeavors.
b. Receive and discuss a presentation regarding Civil Service Rules for investigative
and disciplinary procedures.
Police Chief Keith Dougherty presented the item and stated that he was not able to bring up his
PowerPoint presentation due to technical difficulties, but he would submit his presentation to the
Council via the City Clerk.
Chief Dougherty noted that employee disciplinary procedures are controlled by State Statutes
and Local Rules and Constitutional Provisions to ensure that the any State shall "not deprive any
person of life, liberty, or property, without due process of law;" and "no citizen of this State shall
be deprived of life, liberty, property, privileges or immunities ... except by the due course of the
law of the land."
He further noted that the courts have ruled government employees have both property and liberty
interests in their employment and those interests are protected by due process. He noted that
with respect to government employees, procedural due process rights arise when the employee
has a legitimate claim of entitlement that is created, supported, or secured by rule. Furthermore
government employers cannot impose any stigma that forecloses a governmental employee's
freedom to take advantage of other employment opportunities.
Chief Dougherty noted that the City of Baytown's firefighters and police officers are governed
by (1) Chapter 143 of the Texas Local Government Code and the City of Baytown Firefighters'
and Police Officers' Civil Service Rules and Regulations. Chapter 143 notes that its purpose "is
to secure efficient fire and police departments composed of capable personnel who are free from
political influence and who have permanent employment tenure as public servants" and to
"secure efficient fire and police departments composed of capable personnel who are free from
political influence and who have permanent employment tenure as public servants."
Chief Dougherty noted that disciplinary actions of civil service employees are complain
driven and stated that disciplinary action may not be taken against a peace officer unless (1) a
written complaint signed by the complainant is given to the officer, and (2) an officer may not be
indefinitely suspended or terminated from employment based on the subject matter of the
complaint unless the complaint is investigated and there is evidence to prove the alleged
misconduct.
Following a proper complaint and investigation of the complaint, Chapter 143 and the Local
Rules provide grounds for discipline and rules for the disciplinary process and note that the
grounds for suspension of an officer are the following:
(1) conviction of a felony or other crime involving moral turpitude;
(2) violations of a municipal charter provision;
(3) acts of incompetency;
(4) neglect of duty;
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August 22, 2019
Page 3 of 4
(5) discourtesy to the public or to a fellow employee while the fire fighter or
police officer is in the line of duty;
(6) acts showing lack of good moral character;
(7) drinking intoxicants while on duty or intoxication while off duty;
(8) conduct prejudicial to good order;
(9) refusal or neglect to pay just debts;
(10) absence without leave;
(11) shirking duty or cowardice at fires, if applicable; or
(12) violation of an applicable fire or police department rule or special order.
(13) violation of City of Baytown Civil Service Rules and Regulations.
Chief Dougherty noted that as it related to forms of suspension, a department head may suspend
an officer for (1) a reasonable period of time not to exceed 15 days; or (2) for an indefinite
period with an indefinite suspension being the equivalent to dismissal from the department. He
also stated that a department head may offer and/or agree in writing to a voluntary suspension of
16 to 90 calendar days.
As it relates to appellate procedures, Chief Dougherty noted that within 10 days of a suspension,
a police officer may appeal the suspension by filing a written appeal with the City's Civil Service
Commission or to a third party hearing examiner within 10 days of receiving notice of the
suspension. He also stated that within 30 days of a suspension, and of receiving a written appeal,
the City's Civil Service Commission (the "Commission") shall hold a hearing and render a
decision on the issue.
Chief Dougherty stated that pursuant to Chapter 143, the Commission or hearing examiner shall
state whether the suspended fire fighter or police officer is:
• permanently dismissed from the fire or police department;
• temporarily suspended from the department; or
• restored to the person's former position or status in the department's classified
service.
• pursuant to the Local Rules, the Commission or Hearing Examiner shall consider
and determine:
• did "cause" exist to support the imposition of some form of disciplinary action?;
• was the degree of discipline imposed by the department "reasonable" under the
circumstances?;
• does the evidence justify or compel modification of the department head's
disciplinary action; and
• compensation to the employee, if any.
• pursuant to the Local Rules, the Commission or Hearing Examiner shall consider
and determine:
• did "cause" exist to support the imposition of some form of disciplinary action?;
• was the degree of discipline imposed by the department "reasonable" under the
circumstances?;
• does the evidence justify or compel modification of the department head's
disciplinary action; and
City Council Regular Work Session Minutes
August 22, 2019
Page 4 of 4
• compensation to the employee, if any.
• pending criminal charges against an officer
Additionally, a department head may temporarily suspend a police officer who is indicted for a
felony or officially charged by complaint with a Class A or B misdemeanor. Notice of the
suspension must be in writing, state whether the suspension is with or without pay, the length of
the suspension, not exceed 30 days after the date of the final disposition of the specified
indictment or complaint, and while a conviction for a Class A or B misdemeanor may be cause
for disciplinary action or an indefinite suspension, an acquittal of the criminal charges does not
mean the police officer has not violated Chapter 143 or the Local Rules.
C. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda
for August 22, 2019, which is attached below.
The Council briefly discussed the following items on the Regular agenda:
• Ta. - Discussed whether or not to accept receipt of portions of charitable bingo winning,
with no consensus, Council noted that they would suspend this item.
• 4.b. - Staff noted that this item may not be ready, staff is still working on some issues, but
will let the Council know in the Regular meeting if this item needs to be suspended to a
future meeting.
• 4.a. - Discussed the approval of the multi -family item and whether or not this item had
been discussed with GCCISD who is already at 90% Capacity. Staff noted that they have
reached out to the school district on a number of occasions regarding current and future
growth.
2. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the August 22, 2019,
City Council Regular Work Session at 6:30 P.M.
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Leticia Brysch, City Clerk)��.
City of Baytown —