House of Representatives

HB 2357

law enforcement council; attorney fees

Sponsors: Representatives O'Halleran, Carruthers, Hershberger, Sedillo et al.

X	Committee on Judiciary
	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

HB 2357 provides for the recovery of attorney fees by a law enforcement officer when the Law Enforcement Merit System Council or a superior court reverses or reduces the discipline ordered by the head of a law enforcement agency.

History

The Law Enforcement Merit System Council is responsible for hearing and reviewing appeals from any order of suspension, demotion or dismissal of a classified law enforcement officer by a head of a law enforcement agency. After a review and hearing before the Council, the officer may apply to have the determination reviewed in a county superior court. If the determination of the Council is overruled by the court, the law enforcement officer is reinstated in his position and is reimbursed for any compensation withheld pending determination by the Council and the court.

Provisions

· Authorizes the Council or the superior court to award reasonable attorney fees to an officer if the action to suspend, demote or dismiss the officer is reversed or reduced by the Council or overruled by the court.

· Specifies that the award of attorney fees does not apply if the order of a law enforcement agency head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.

· Makes technical and clarifying changes.

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45th Legislature

Second Regular Session 2 February 18, 2002

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