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SPONSOR: |
Rep. Mitchell & Rep. Briggs King & Sen. Marshall; Reps. Atkins, Carson, Gilligan, Q. Johnson, Keeley, Lee, Outten, Wilson;Sens. Bushweller, Ennis, Henry |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 366 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE CHIEF DUE PROCESS. |
Section 1.Amend §9301, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§9301.Police chief removal; right to public
hearing; appeal.
(a) No chief of police or police
superintendent of a legislatively authorized police department within this
State, excluding municipalities with a population greater than 60,000, shall be
dismissed, demoted or otherwise removed from office unless there is a showing
of just cause and such person has been given notice in writing of the specific
grounds for such action and an opportunity to be heard in the chiefs's or the
superintendent's own defense, personally and/or by counsel, at a public hearing
before the elected governing body of the jurisdiction. Such public hearing,
unless otherwise specified by charter, shall be held not less than 5 nor more
than 30 days after such notice.
(b) Any appeals from the process
described in subsection (a) of this section shall be to the Superior Court for
the county in which the public hearing was held. All such appeals shall be
undertaken by filing a notice of appeal with the Court within 90 days of
receipt of the written decision of the governing body.
(a)No colonel or chief of police of a legislatively authorized police department within this State, except the Police Chief of the City of Wilmington, shall be dismissed, demoted or otherwise removed from office unless there is a showing of just cause and such person has been given notice in writing of the specific grounds for such action and an opportunity to be heard in the person's own defense, personally and/or by counsel, at a hearing, which may be public at the request of the person, before a panel appointed under the auspices of the Delaware Criminal Justice Council, such panel to consist of three persons, one to be appointed by the Chair of the Delaware Police Chiefs' Council, one by the President of the Delaware League of Local Governments, and one by the Chair of the Delaware Criminal Justice Council, provided that the Delaware Criminal Justice Council appointee shall not be an actively-serving law enforcement officer.Such hearing shall be held on not less than five (5) days written notice and not more than thirty (30) days after such notice, unless the parties agree otherwise, in writing.The hearing panel's decision shall be by majority vote and based upon the evidence presented at the hearing.The hearing panel shall issue a written decision within twenty (20) days of the conclusion of the hearing.
(b)If the hearing panel determines that just cause for dismissal, demotion, or other removal from office does not exist, it may award the Chief his or her reasonable attorney's fees upon a specific finding that the charges seeking dismissal, demotion, or removal of the Chief were without substantive merit.
(c)After a finding that just cause does not exist for dismissal, demotion, or removal from office, the hearing panel may make other non-binding recommendations for disciplinary action.
(d)Any appeals from the process described in subsection (a) of this section shall be on the record to the Superior Court from the county in which the hearing was held.All such appeals shall be undertaken by filing a notice of appeal with the Court within ninety (90) days of receipt of the hearing panel's written decision.
(e)Within three months of this section's enactment into law, the Delaware Criminal Justice Council, the Delaware Police Chiefs' Council, and the Delaware League of Local Governments shall each appoint two representatives to a Rules Committee.One representative from the Delaware Criminal Justice Council shall chair the committee.
(f)Within nine months of this section's enactment into law, the Rules Committee created pursuant to subsection (e) shall adopt rules and procedures to govern proceedings brought under this section.Thereafter, the Rules Committee shall meet at the call of the Chair to amend the rules and procedures as deemed necessary or appropriate.
SYNOPSIS
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This bill updates the Delaware Code relating to Police Chief Due Process by providing that the hearing, which may be private or public, at the police chief's request, is conducted by a panel of three persons appointed by the Delaware Police Chiefs' Council, the Delaware League of Local Governments and the Delaware Criminal Justice Council.Furthermore, this bill authorizes the panel discretion to award attorney's fees for a police chief in certain cases when there is a finding that just cause does not exist for dismissal, demotion or removal from office.This bill also allows the panel when just cause does not exist for dismissal, demotion or removal of a police chief may recommend other disciplinary action. |