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
What can a chief do if an officer is under investigation for a felony
Member is relieved / suspended with pay but shall not exceed 180 days
What can a chief do if a member is under investigation for misdemeanor
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
What happens if an officer is acquitted
They should be reinstated in all salary and benefits reimbursed
What can a chief do for non-criminal matters
Can suspend with pay not to exceed 15 days or other time frames established by CBA
What can a chief do for violation of rules and regs with recommended termination or demotion
Suspend with pay
What happens if an officer is charged, indicted, or informed with a felony or incarcerated for a misdemeanor
May be suspended without pay and benefits at discretion of agency
medical insurance dental insurance disability insurance and life insurance shall not be suspended
If acquitted of a felony
All pay reinstated in reimbursed
If officer pleads guilty or no contest to a felony or upheld on appeal
May be dismissed by agency
What happens if convicted of a felony pending appeal
Suspended without pay
Keeps medical dental life and disability insurance
If appeal is reversed all back pay reinstated
Can a hearing committee member be held civilly liable
No, unless proven negligent
