BILL SUMMARY


BILL NO.: Com Sub for HB 2795

RELATING TO:
Investigation, interrogation and hearing rights of police officers and firefighters

ATTORNEY:Chris Callas
DATE:
April 14, 1997

CODE:
§ §8-14A-1, 3 and 5(revised)

 The purpose of this bill is to amend article 14A of chapter 8, which provides municipal police officers and firemen with certain procedural rights. Under former law, these rights attach when an officer is investigated or interrogated on any issue which could result in punitive action. The officer was then entitled to a hearing if the investigation results in a recommendation of punitive action.

Composition of hearing board

The bill's main change is to the composition of the board which conducts the accused officer's hearing. Under former law, a hearing board was to be composed of three members: one to be appointed by the department chief, one to be appointed by the accused officer's fellow officers, and one to be appointed by agreement of the first two appointees. If the first two appointees failed to agree, the chief judge or civil service commission would appoint the third member. Each of the members was required to be an officer in the accused officer's department or an officer of another fire or law-enforcement agency, and one of them must have been of the same rank as the accused officer. Significantly, if one or more members did not meet these qualifications, then the judge could appoint citizens of the municipality to constitute the board.

Many small (usually non-civil service) departments only have a few officers, so under the former law it was difficult to compose the hearing board with officers. In such cases, often the chief judge delayed the selection or hearing board members or failed to appoint them at all. The bill provides two different methods for composing the hearing board, one for civil service departments and one for non-civil service departments.

The non-civil service hearing boards would be standing boards much like civil service commissions, with three members appointed to four-year staggered terms. The members will be appointed by the department chief, the local or state fraternal order of police or firemen's association, and the local chamber of commerce or businessmen's association. If there is no chamber of commerce or businessmen's association, then the first two appointees are to agree on the third member. Only if they can't agree will the chief judge be involved in choosing a member from the citizenry. This system should relieve a significant burden from small and non-civil service departments.

The civil service hearing board provisions are much like former law, with only organizational changes. Civil service boards now must adhere to a non-binding order of preference for appointees: first from members of the accused officer's department, second from officers in another law-enforcement or fire department, and finally citizens.

Definitions

The bill changes certain definitions in the statute and creates new ones. The bill creates a definition for "accused officer" for the purpose of streamlining language in the hearing board definition and elsewhere. Moreover, the definition of "police officer or firemen" now specifically excludes non-civil service probationary officers from protections of article.

Heairing board procedures

With respect to hearing board procedures, the new law provides that civil service officers facing serious punitive action (discharge, suspension, reduction in rank or pay) get a pre- disciplinary hearing, conforming to state supreme court precedent. This hearing board is to be conducted according to civil service procedures. The hearing board procedure for other civil service punitive actions and for non-civil service is also clarified.
Appeals from hearing board decorders

Finally, the new law elucidates certain uncertain wording in the former statute. Appeals from civil service hearing board orders are first appealed to the applicable civil service commission, then the circuit court. Appeals from non-civil service boards still retain the one-level appeal to circuit court.

The bill also makes changes to the appeal process to mirror the provisions in a similar law for deputy sheriffs. The bill would permit the department chief to appeal the hearing board's decision if he or she believes that the department would be adversely affected. The bill also clarifies that the hearing board's decision is final unless overturned on appeal.

Passed Legislature:April 12, 1997

Effective Date:
Ninety days from passage.