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
dp	Third Read
x	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.

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 council and court are 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 technical and clarifying changes.

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· 45th Legislature