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DE HB366

Bill

Status

Engrossed

6/12/2012

Primary Sponsor

William Carson

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Establishes that police chief dismissals, demotions, or removals require just cause and a hearing before a three-person panel appointed by the Delaware Police Chiefs' Council, Delaware League of Local Governments, and Delaware Criminal Justice Council, rather than before the governing body.

  • Allows the police chief to request either a public or private hearing, with hearings to be held within 5-30 days of written notice unless parties agree otherwise.

  • Authorizes the hearing panel to award reasonable attorney's fees to the police chief if charges for dismissal, demotion, or removal are found to lack substantive merit.

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

  • Requires the Delaware Criminal Justice Council, Police Chiefs' Council, and League of Local Governments to establish a Rules Committee within three months to adopt hearing procedures and rules 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

Assigned to Judiciary Committee in Senate

6/13/2012

Committee Referrals

Judiciary6/13/2012
Public Safety & Homeland Security6/5/2012

Full Bill Text

No bill text available