The proposed bill, HB2322, amends the existing law regarding the Law Enforcement Merit System Council (LEMSC) by allowing the council to recommend modifications to disciplinary actions against peace officers under certain conditions. Specifically, if the state agency head has demonstrated just cause for the disciplinary action, but evidence presented during the appeal suggests that the action should be modified, LEMSC can recommend such changes. This introduces a new provision that recognizes the possibility of modifying disciplinary actions even when just cause is established, based on additional evidence or circumstances.
Additionally, the bill makes several technical changes to the current law, including adjustments to the timeline for appeals and the process for notifying the employing agency about the appeal. It clarifies that the appeal must be filed within ten working days and that the council must provide the employing agency with a copy of the appeal at least twenty days before the hearing. The bill also specifies that the agency head must accept the council's recommendations unless they are deemed arbitrary or unjustified, ensuring a more structured approach to handling disciplinary actions within law enforcement agencies.
Statutes affected: Introduced Version: 41-1830.16
House Engrossed Version: 41-1830.16
Chaptered Version: 41-1830.16