II

106TH CONGRESS

2D SESSION S. 3221

To provide grants to law enforcement agencies that ensure that law enforcement officers employed by such agencies are afforded due process when

involved in a case that may lead to dismissal, demotion, suspension,

or transfer.

IN THE SENATE OF THE UNITED STATES

OCTOBER 19 (legislative day, SEPTEMBER 22), 2000

Mr. EDWARDS introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide grants to law enforcement agencies that ensure

that law enforcement officers employed by such agencies

are afforded due process when involved in a case that

may lead to dismissal, demotion, suspension, or transfer.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Law Enforcement Offi5 cers Due Process Act of 2000’’.
2

•S 3221 IS

1 SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.

2 (a) PROGRAM AUTHORIZED.—The Attorney General

3 is authorized to provide grants to law enforcement agen4 cies that are eligible under subsection (b).

5 (b) ELIGIBILITY.—To be eligible to receive a grant

6 under this section, a law enforcement agency shall—

7 (1) have in effect an administrative process that

8 complies with the requirements of subsection (c) or

9 an existing procedure described in subsection (e); or

10 (2) certify that it will establish, not later than

11 2 years after the date of enactment of this Act, an

12 administrative process that complies with the re13 quirements of subsection (c).

14 (c) OFFICER RIGHTS.—The administrative process

15 referred to in subsection (b) shall require that a law en16 forcement agency that investigates a law enforcement offi17 cer for matters which could reasonably lead to disciplinary

18 action against such officer, including dismissal, demotion,

19 suspension, or transfer provide recourse for the officer

20 that, at a minimum, includes the following:

21 (1) ACCESS TO ADMINISTRATIVE PROCESS.—

22 The agency has written procedures to ensure that

23 any law enforcement officer is afforded access to any

24 existing administrative process established by the

25 employing agency prior to the imposition of any such

26 disciplinary action against the officer.
3

•S 3221 IS

1 (2) SPECIFIC PROCEDURES.—The procedures

2 used under paragraph (1) include, the right of a law

3 enforcement officer under investigation—

4 (A) to a hearing before a fair and impar5 tial board or hearing officer;

6 (B) to be represented by an attorney or

7 other officer at the expense of such officer;

8 (C) to confront any witness testifying

9 against such officer; and

10 (D) to record all meetings in which such

11 officer attends.

12 (d) IMMEDIATE SUSPENSION.—Nothing in this sec13 tion shall prevent the immediate suspension with pay of

14 a law enforcement officer—

15 (1) whose continued presence on the job is con16 sidered to be a substantial and immediate threat to

17 the welfare of the law enforcement agency or the

18 public;

19 (2) who refuses to obey a direct order issued in

20 conformance with the agency’s written and dissemi21 nated rules and regulations; or

22 (3) who is accused of committing an illegal act.

23 (e) EXISTING PROCEDURES.—The provisions of this

24 section shall not apply to a law enforcement agency if the

25 Attorney General determines that such agency has in ef-
4

•S 3221 IS

1 fect an established civil service system, agency review

2 board, grievance procedure or personnel board, which

3 meets or exceeds the minimum standards of subsection

4 (c).

5 (f) DISTRIBUTION OF FUNDS.—From the amount

6 made available to carry out this section, the Attorney Gen7 eral shall allocate—

8 (1) 50 percent for law enforcement agencies

9 that are eligible under paragraph (1) of subsection

10 (b); and

11 (2) 50 percent for law enforcement agencies

12 that are eligible under paragraph (2) of subsection

13 (b).

14 (g) REGULATIONS.—The Attorney General may pre15 scribe such regulations as may be necessary to carry out

16 this section.

17 (h) DEFINITIONS.—For purposes of this section—

18 (1) the term ‘‘law enforcement agency’’ means

19 any State or unit of local government within the

20 State that employs law enforcement officers; and

21 (2) the term ‘‘law enforcement officer’’ means

22 an officer with the powers of arrest as defined by

23 the laws of each State and required to be certified

24 under the laws of such State.
5

•S 3221 IS

1 (i) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $10,000,000 for fiscal year 2001 and such sums as may

4 be necessary for each of the 4 succeeding fiscal years.

Æ