Such procedural rights may be waived by an officer, but such a waiver must be in writing and signed by the officer. The substitute exempts from these due process provisions all law enforcement officers employed by the state, as well as any under a sheriff, elected marshal, or elected police chief. However, the substitute adds the highest ranking officer of municipal law enforcement agencies to the list of those guaranteed such procedural rights. The substitute also changes disciplinary procedures for the Highway Patrol. The substitute extends procedural requirements of notice and the right to be heard for officers of the Highway Patrol who are suspended for at least 3 days or suffer a reduction in rank.
Current law requires such procedures only for cases resulting in the removal of a patrol officer.
The board will consist of members of the same rank or of a lower rank than the accused. The substitute does not prevent nondisciplinary transfers of patrol members nor require a hearing for reprimands or suspensions of less than 3 days. This substitute entitles all municipal law enforcement officers and sheriffs' deputies to a hearing before being subject to disciplinary action. Current law excludes officers employed by cities with less than 16 full-time officers, and has all sheriff's deputies holding office at the pleasure of the sheriff. Defendants will have 10 days to request such a hearing, and must be allowed at least 15 days notice of the hearing.