‘‘(B) the rule, regulation, order, or proce-
dure that the officer who is the subject of the 
charge allegedly violated is reasonable; 
‘‘(C) the charging party, before filing the 
charge, made a reasonable, fair, and objective 
effort to discover whether the officer did in fact 
violate the rule, regulation, order, or procedure 
as charged; 
‘‘(D) the charging party did not conduct 
the investigation arbitrarily or unfairly, or in a 
discriminatory manner, against the officer who 
is the subject of the charge, and the charge was 
brought in good faith; and 
‘‘(E) the proposed disciplinary action rea-
sonably relates to the seriousness of the alleged 
violation and to the record of service of the offi-
cer who is the subject of the charge. 
‘‘(18) NO COMMISSION OF A VIOLATION.—If the 
officer who is the subject of the disciplinary hearing 
is found not to have committed the alleged viola-
tion— 
‘‘(A) the matter is concluded; 
‘‘(B) no disciplinary action may be taken 
against the officer;
‘‘(C) the personnel file of that officer shall 
not contain any reference to the charge for 
which the officer was found not guilty; and 
‘‘(D) any pay and benefits lost or deferred 
during the pendency of the disposition of the 
charge shall be restored to the officer as though 
no charge had ever been filed against the offi-
cer, including salary or regular pay, vacation, 
holidays, longevity pay, education incentive pay, 
shift differential, uniform allowance, lost over-
time, or other premium pay opportunities, and 
lost promotional opportunities. 
‘‘(19) COMMISSION OF A VIOLATION.— 
‘‘(A) IN GENERAL.—If the officer who is 
the subject of the charge is found to have com-
mitted the alleged violation, the hearing officer 
or board shall make a written recommendation 
of a penalty to the law enforcement agency em-
ploying the officer or any other governmental 
entity that has final disciplinary authority, as 
provided by applicable State or local law. 
‘‘(B) PENALTY.—The employing agency or 
other governmental entity may not impose a 
penalty greater than the penalty recommended 
by the hearing officer or board.
‘‘(20) APPEAL.—Any officer who has been 
found to have committed an alleged violation may 
appeal from a final decision of a hearing officer or 
hearing board to a court of competent jurisdiction or 
to an independent neutral arbitrator to the extent 
available in any other administrative proceeding 
under applicable State or local law, or a collective 
bargaining agreement. 
‘‘(i) WAIVER OF RIGHTS.— 
‘‘(1) IN GENERAL.—An officer who is notified 
that the officer is under investigation or is the sub-
ject of a charge may, after such notification, waive 
any right or procedure guaranteed by this section. 
‘‘(2) WRITTEN
WAIVER.—A written waiver 
under this subsection shall be— 
‘‘(A) in writing; and 
‘‘(B) signed by— 
‘‘(i) the officer, who shall have con-
sulted with counsel or a representative be-
fore signing any such waiver; or 
‘‘(ii) the counsel or representative of 
the officer, if expressly authorized by sub-
section (h).
‘‘(j) SUMMARY PUNISHMENT.—Nothing in this sec-
tion shall preclude a public agency from imposing sum-
mary punishment. 
‘‘(k) EMERGENCY SUSPENSION.—Nothing in this 
section may be construed to preclude a law enforcement 
agency from imposing an emergency suspension on a law 
enforcement officer, except that any such suspension 
shall— 
‘‘(1) be followed by a hearing in accordance 
with the requirements of subsection (h); and 
‘‘(2) not deprive the affected officer of any pay 
or benefit. 
‘‘(l) RETALIATION FOR EXERCISING RIGHTS.—There 
shall be no imposition of, or threat of, disciplinary action 
or other penalty against a law enforcement officer for the 
exercise of any right provided to the officer under this sec-
tion. 
‘‘(m) OTHER REMEDIES NOT IMPAIRED.—Nothing in 
this section may be construed to impair any other right 
or remedy that a law enforcement officer may have under 
any constitution, statute, ordinance, order, rule, regula-
tion, procedure, written policy, collective bargaining agree-
ment, or any other source. 
‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.—A law 
enforcement officer who is aggrieved by a violation of, or
is otherwise denied any right afforded by, the Constitution 
of the United States, a State constitution, this section, 
or any administrative rule or regulation promulgated pur-
suant thereto, may file suit in any Federal or State court 
of competent jurisdiction for declaratory or injunctive re-
lief to prohibit the law enforcement agency from violating 
or otherwise denying such right, and such court shall have 
jurisdiction, for cause shown, to restrain such a violation 
or denial. 
‘‘(o) PROTECTION OF LAW ENFORCEMENT OFFICER 
PERSONNEL FILES.— 
‘‘(1) RESTRICTIONS
ON
ADVERSE
MATERIAL 
MAINTAINED IN OFFICERS’ PERSONNEL RECORDS.— 
‘‘(A) IN GENERAL.—Unless the officer has 
had an opportunity to review and comment, in 
writing, on any adverse material included in a 
personnel record relating to the officer, no law 
enforcement agency or other governmental enti-
ty may— 
‘‘(i) include the adverse material in 
that personnel record; or 
‘‘(ii) possess or maintain control over 
the adverse material in any form as a per-
sonnel record within the law enforcement