HB2795 SUMMARY
House Bill 2795 History
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Key: Green = existing Code. Red = new code to be enacted
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.