HB2357 - 452R - House Bill Summary

House of Representatives

HB 2357

law enforcement council; attorney fees

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

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

HB 2357 as amended authorizes attorney fees to be awarded under certain circumstances to a law enforcement officer whose disciplinary action is reversed on appeal.

Current Status

HB 2357 was amended in the Judiciary Committee to allow law enforcement officers who are exempt from the Merit System to recover reasonable attorney fees if they appeal a disciplinary action pursuant to their own appeals process and makes an award of attorney fees discretionary at the superior court level.

HB 2357 was amended in the Appropriations Committee to eliminate the option of awarding court costs to an officer if his disciplinary charges are reduced, rather than reversed.

HB 2357 was amended in Committee of the Whole to specify that attorney fees may only be awarded, in whole or in part, if the disciplinary action was suspension for a time greater than 16 hours, demotion or dismissal. The amendment also caps attorney fees at the Council level at $10,000.

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 for a time greater than 16 hours, demote or dismiss the officer is reversed by the Council or overruled by the court.

· Stipulates that attorney’s fees awarded by the Council shall not exceed $10,000.

· 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 or if the disciplinary action was due to off-duty activities unrelated to the officer’s required duties.

· Specifies that the court is not obligated to award all attorney fees, but may do so either in whole or in part.

· Provides that if the police agency head appeals, any award of attorney fees is stayed pending the final outcome of the appeal.

· Allows law enforcement officers in counties, cities and towns that are exempt from the Merit System to recover reasonable attorney fees in their own appeals process.

· Makes an award of attorney fees discretionary at the superior court level.

· Makes technical and clarifying changes.

Amendments

HB 2357 was amended in the Judiciary Committee as follows:

· Allows law enforcement officers in counties, cities and towns that are exempt from the Merit System to recover reasonable attorney fees in their own appeals process.

· Makes an award of attorney fees discretionary at the superior court level.

HB 2357 was amended in the Appropriations Committee as follows:

· Eliminates the option of awarding court costs to an officer if his disciplinary charges are reduced, rather than reversed.

HB 2357 was amended in Committee of the Whole as follows:

· Specifies that to be eligible for reimbursement before the Council or at the superior court level, the disciplinary action taken must be suspension must be for a time greater than 16 hours, demotion or dismissal.

· Prohibits an award of attorney fees if the disciplinary action was due to off-duty activities unrelated to the officer’s required duties.