Form

Purpose

This MCS procedure addresses all steps in the process, including initiating an appeal, department response, requesting subpoenas, procedures during an appeal, as well as pre-and and post hearing procedures, final decision, and time limits.

Written notice of Appeal to the Municipal Civil Service Commission.  Should be submitted to the Municipal Civil Service Office, Located at 505 Barton Springs Road, Suite 600 (One Texas Center – 6th Floor).

For Employees who have been discharged:

• An employee has fifteen (15); business days after receiving the disciplinary action notice to appeal with the MCS Office.

For Employees appealing denial of promotion, disciplinary probation, disciplinary suspension, or demotion:

• Employee Must follow the Department Grievance Process first

• An Employee has fifteen (15) Business Days following a response from the Department Head to file a Notice of Appeal.

• If the Employee does not receive a response from the Department Head by the date on which it is due, the Employee has fifteen (15) Business Days following the date on which the Department Head response was due to file a Notice of Appeal.

This form can be used, or any other form of written notification, submitted to the Municipal Civil Service Office, to reschedule an appeal hearing before the Municipal Civil Service Commission.

• Within five (5) business days of receiving the Notice of Hearing form, either party may request to reschedule the hearing.

• Outside of the five (5) day timeframe, both parties must agree to reschedule.

• Outside the five (5) day timeframe and both parties do not agree to reschedule, MCS Office will work with the MCS Commission Chair for approval.

This form is used to request subpoenas to be served to individuals or to request documents for production at an Appeal hearing. Requests must be received fifteen (15) business days before the Appeal Hearing.

The employee or employee’s representative must file this form with the required pre-hearing submission information to the Municipal Civil Service Office.  Submissions are due ten (10) business days before the Appeal Hearing. 

The employee must submit:

• Employee Pre-Hearing Submission Form

• Seven (7) copies of the submission packet

  • Printed Two-sided

  • Sequentially numbered pages

The department must file this form with the required pre-hearing submission information to the Municipal Civil Service Office.  Submissions are due ten (10) business days before the Appeal Hearing. 

The department must submit:

• Department Pre-Hearing Submission Form

• Seven (7) copies of the submission packet

  • Printed Two-sided

  • Sequentially numbered pages

This form can be used if submitting a Rebuttal Submission. Rebuttal Submissions are a written response to contradict evidence presented by the opposing party in a Hearing. Rebuttal submissions are due five (5) business days before the Appeal Hearing.

The submission must include:

• Seven (7) copies of the rebuttal submission packet

  • Printed Two-sided

  • Sequentially numbered pages