Bill of Rights

Question 1

Who pays stenographer and Bill of Rights hearing

Answer 1

The charging agency

Question 2

Bill of rights hearing committee is made up of

Answer 2

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

Question 3

Who pays for Bill of Rights hearing

Answer 3

Each pays 50% unless otherwise stated by presiding Justice

Question 4

How many years in order to discipline for violation of rules and regs

Answer 4

Cannot happen more than three years after incident except where involves criminal offense then can be instituted anytime within the statute of limitations

Question 5

What are the 4 things that must be provided to officer receiving discipline

Answer 5

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.

Question 6

How many days do you have to file a request for hearing

Answer 6

5 days from receipt of notice otherwise constitutes a waiver of your rights to a hearing

Question 7

How many days do you have to submit and name for the hearing committee

Answer 7

5 days after filing a request for the hearing itself

Failure to do so constitutes a waiver of rights to a hearing

Question 8

How many days does a chief have to submit a name for hearing committee

Answer 8

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

Question 9

How many days to select the third member of the hearing committee

Answer 9

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

Question 10

What will suspend all the Bill of Rights process

Answer 10

If the officer is charged with a criminal offense pending adjudication

Question 11

How many days to convene a hearing after selecting the third person who will be the chairperson

Answer 11

30 days

Question 12

How many days to complete a Bill of Rights hearing after commencing

Answer 12

60 days

Question 13

How many days of the conclusion of hearing does a hearing committee have to submit a written decision

Answer 13

30 days

Question 14

Who is the only person who can extend time limits for rendering a decision

Answer 14

The presiding Justice

Question 15

How many days prior to a hearing must the chief submit all discovery to agrieved

Answer 15

10 days

Question 16

How many days prior to a hearing must the officer present all of his witnesses to the chief

Answer 16

5 days

Question 17

What happens if either side fails to comply with deadlines for discovery

Answer 17

Show result and exclusion from the record of hearing of testimony

Question 18

What type of evidence shall be admissible

Answer 18

Evidence with probative value

Question 19

What type of evidence can a hearing committee exclude

Answer 19

Incompetent, repetitious, irrelevant evidence

Question 20

The burden of proof for law enforcement agency is

Answer 20

Fair preponderance of evidence the officer is guilty of offense

Question 21

Decisions rendered by committee

Answer 21

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

Question 22

Where are appeals heard

Answer 22

All appeals from decision of the committee shall be heard in Superior Court

Question 23

How many days does a committee have to provide a certified copy of entire record to the court for appeal

Answer 23

30 days

Question 24

What is considered summary punishment

Answer 24

2 days or less without pay

Question 25

What can a chief do if an officer is under investigation for a felony

Answer 25

Member is relieved / suspended with pay but shall not exceed 180 days

Question 26

What can a chief do if a member is under investigation for misdemeanor

Answer 26

Member is relieved / suspended with pay but shall not exceed 30 days

Can be continued 180 days if a decision doesn’t happen within 180 days member can then be suspended without pay but must be allowed to keep benefits

The officer can petition the court for a stay of no pay but must show that the delay in case is out of their control

Question 27

What happens if an officer is acquitted

Answer 27

They should be reinstated in all salary and benefits reimbursed

Question 28

What can a chief do for non-criminal matters

Answer 28

Can suspend with pay not to exceed 15 days or other time frames established by CBA

Question 29

What can a chief do for violation of rules and regs with recommended termination or demotion

Answer 29

Suspend with pay

Question 30

What happens if an officer is charged, indicted, or informed with a felony or incarcerated for a misdemeanor

Answer 30

May be suspended without pay and benefits at discretion of agency

medical insurance dental insurance disability insurance and life insurance shall not be suspended

Question 31

If acquitted of a felony

Answer 31

All pay reinstated in reimbursed

Question 32

If officer pleads guilty or no contest to a felony or upheld on appeal

Answer 32

May be dismissed by agency

Question 33

What happens if convicted of a felony pending appeal

Answer 33

Suspended without pay

Keeps medical dental life and disability insurance

If appeal is reversed all back pay reinstated

Question 34

Can a hearing committee member be held civilly liable

Answer 34

No, unless proven negligent