How does the promotion process for civil service differ from private employers in Texas?

Employment attorneyCivil service promotions in Texas follow the Texas Local Government Code and Texas Government Code as well as local ordinances. The procedures for civil service promotions differ among different departments and in some cases the size of the municipality. The Texas Local Government Code and Texas Government Code govern the procedures of city and county employment. Additionally, because civil servants are government employees, the acts of their employers necessarily affect their constitutionally protected rights. There may be times where the federal and state constitutions apply in the process of a civil service promotion.

Texas Local Government Code and Civil Service

The Texas Local Government Code and the Texas Government Code set out the requirements for civil service promotions. Often, especially at the municipal level, promotions rely upon a combination of seniority and civil service exam scores. This is particularly true in the Police and Fire promotions. The promotion process is subject to appeals and those appeals may invoke other state laws, such as the Texas Open Meetings Act, or due process violations of the 14th Amendment to the U.S. Constitution. While appeals go to the Civil Service Commission sometimes courts overturn the commission decision for any number of reasons, including due process violations, illegal forms of discrimination, or failing to follow the Local Government Code’s procedures for testing.

Employment attorneys for Texas civil service

Depending on the civil service branch, an employee may belong to a union that works to preserve member rights. If you belong to one of these groups and you believe the promotional process inappropriately applied to your promotion attempt you should reach out to the group. Often part of your dues pay for legal support for these situations. If you do not belong to a group or it cannot assist you may consult with an employment attorney to discuss your options. You may need to retain a labor law attorney to act as your representative.

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