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1 HB107
2 33486-4
3 By Representative Boyd
4 RFD: Local Government
5 First Read: 06-FEB-2001
6 PFD 01/24/2001
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1
2 Enrolled, An Act,
3 To require every municipality to provide a
4 pre-disciplinary hearing prior to the suspension or termination
5 of its law enforcement officers; to authorize a municipality
6 to place a law enforcement officer on leave with pay until the
7 person or body holding the pre-disciplinary hearing has made
8 its decision in the matter; to require every municipality to
9 establish written due process procedures governing such
10 pre-disciplinary hearing; to establish minimum due process
11 procedures; to provide that the rules of evidence and the
12 rules of discovery shall not apply to any hearing held
13 pursuant to this act; to define the term "law enforcement
14 officer"; to provide that this act shall not apply to any
15 municipality with an established due process procedure for law
16 enforcement officers on the effective date of this act, so
17 long as the municipality continues a due process procedure in
18 full force and effect; to provide for a delayed effective
19 date; and in connection therewith would have as its purpose or
20 effect the requirement of a new or increased expenditure of
21 local funds within the meaning of Amendment 621 of the
22 Constitution of Alabama of 1901.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Every municipality shall provide a
25 pre-disciplinary hearing prior to the suspension or termination
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1 of its law enforcement officers, provided nothing herein shall
2 preclude a municipality from placing a law enforcement officer
3 on leave with pay until the person or body holding the hearing
4 has made its decision in the matter. Every municipality shall
5 establish written due process procedures applicable to the
6 pre-disciplinary hearing. At a minimum, this due process shall
7 consist of written notice to the officer of the reasons for
8 the termination or suspension. This notice shall be issued by
9 the person or persons with authority to suspend or terminate
10 the law enforcement officer. The notice shall inform the
11 officer that he or she has 10 days to request, in writing, a
12 hearing before the person or persons with authority to suspend
13 or terminate. If the officer fails to request the hearing
14 within 10 days from receiving the notice, the right to any
15 hearing shall be deemed waived. The hearing shall be conducted
16 by an impartial officer or body with authority to suspend or
17 terminate the law enforcement officer. If the hearing is
18 before the municipal governing body, the hearing may be
19 conducted in an executive session, provided that any vote for
20 or against suspension or termination shall occur in an open
21 session. The officer has the right to appear at this hearing
22 in person or by representative and to address charges against
23 him or her. If the officer has a representative, the officer
24 shall also be present at the hearing. A municipality may also
25 hold a separate post disciplinary hearing on the suspension or
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1 termination of the law enforcement officer. If the
2 municipality holds a separate post disciplinary hearing on the
3 matter, the officer may present evidence in his of her behalf
4 and question witnesses who testified against him or her.
5 Nothing shall prohibit a municipality from allowing due
6 process which exceeds the requirements in this section. The
7 rules of evidence and the rules of discovery shall not apply
8 to either of the hearings held pursuant to this act.
9 Section 2. As used in this act, the term "law
10 enforcement officer" shall mean an official who is certified
11 by the Alabama Peace Officers Standards and Training
12 Commission who has authority to make arrests and who is
13 employed by any municipality in the state as a permanent and
14 regular employee with law enforcement duties, including police
15 chiefs and deputy police chiefs. The term does not include any
16 person elected by popular vote, any person who is serving a
17 probationary period of employment, or any person whose term of
18 office has expired.
19 Section 3. This act shall not apply to any
20 municipality with an established due process procedure for law
21 enforcement officers on the effective date of this act so long
22 as the municipality continues to have a due process procedure
23 in full force and effect.
24 Section 4. Although this bill would have as its
25 purpose or effect the requirement of a new or increased
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1 expenditure of local funds, the bill is excluded from further
2 requirements and application under Amendment 621 because the
3 Legislative Fiscal Office has determined the bill has an
4 aggregate fiscal impact of less than $50,000 annually.
5 Section 5. This act shall become effective 60 days
6 following its passage and approval by the Governor, or upon
7 its otherwise becoming law.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 15-MAR-2001, as amended.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 08-MAY-2001 Passed
17
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