Bill of Rights Flashcards
Who pays stenographer and Bill of Rights hearing
The charging agency
Bill of rights hearing committee is made up of
3 people
One member picked by Chief
One member pick by the agrieved
One member picked by the other two unless in 5 days cannot decide. Then is picked by presiding justice of Superior Court alternating between lists
Who pays for Bill of Rights hearing
Each pays 50% unless otherwise stated by presiding Justice
How many years in order to discipline for violation of rules and regs
Cannot happen more than three years after incident except where involves criminal offense then can be instituted anytime within the statute of limitations
What are the 4 things that must be provided to officer receiving discipline
1 nature of charges against him and dates of alleged offense
2 recommended penalty
3 fact he has five days from receipt of notice to submit written request for hearing
4 name and address of where to send request for hearing.
How many days do you have to file a request for hearing
5 days from receipt of notice otherwise constitutes a waiver of your rights to a hearing
How many days do you have to submit and name for the hearing committee
5 days after filing a request for the hearing itself
Failure to do so constitutes a waiver of rights to a hearing
How many days does a chief have to submit a name for hearing committee
5 days after receiving the officer’s request for a hearing
the chiefs failure to do so shall constitute dismissal of all charges with prejudice which means cannot be brought back
How many days to select the third member of the hearing committee
5 days for the chief and agrieved to pick the third member who will be the chairperson
Or petition the judge to pick the third member
Or agree to an extension not to exceed 30 days to pick the third member
What will suspend all the Bill of Rights process
If the officer is charged with a criminal offense pending adjudication
How many days to convene a hearing after selecting the third person who will be the chairperson
30 days
How many days to complete a Bill of Rights hearing after commencing
60 days
How many days of the conclusion of hearing does a hearing committee have to submit a written decision
30 days
Who is the only person who can extend time limits for rendering a decision
The presiding Justice
How many days prior to a hearing must the chief submit all discovery to agrieved
10 days
How many days prior to a hearing must the officer present all of his witnesses to the chief
5 days
What happens if either side fails to comply with deadlines for discovery
Show result and exclusion from the record of hearing of testimony
What type of evidence shall be admissible
Evidence with probative value
What type of evidence can a hearing committee exclude
Incompetent, repetitious, irrelevant evidence
The burden of proof for law enforcement agency is
Fair preponderance of evidence the officer is guilty of offense
Decisions rendered by committee
The committee can sustain, modify, whole or in part, or reverse the complaint or charges
Any decision by committee shall be in writing and accompanied by findings of fact
Decision shall be mailed promptly to both sides
Where are appeals heard
All appeals from decision of the committee shall be heard in Superior Court
How many days does a committee have to provide a certified copy of entire record to the court for appeal
30 days
What is considered summary punishment
2 days or less without pay
