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DE HB479

Bill

Status

Introduced

6/15/2010

Primary Sponsor

Edward Bennett

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Replaces the police chief removal process with a three-person hearing panel appointed by the Delaware Police Chiefs' Council, Delaware League of Local Governments, and Delaware Criminal Justice Council, with the panel appointee from the Criminal Justice Council not being an actively-serving law enforcement officer.

  • Requires written notice of specific grounds for dismissal, demotion, or removal, with hearings held between 5-30 days after notice (unless parties agree otherwise) and panel decisions issued within 20 days of hearing conclusion.

  • Authorizes the hearing panel to award reasonable attorney's fees to a police chief if just cause for dismissal, demotion, or removal is not found and the charges lacked substantive merit.

  • Allows the hearing panel to make non-binding recommendations for disciplinary action when just cause for dismissal, demotion, or removal does not exist.

  • Permits appeals of panel decisions to Superior Court on the record within 90 days and requires a Rules Committee (with representatives from all three appointing organizations) to adopt governing procedures within nine months of the law's enactment.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Police Chief Due Process.

Last Action

Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 8 On Its Merits

6/16/2010

Committee Referrals

Public Safety & Homeland Security6/15/2010

Full Bill Text

No bill text available