306.232. Disciplinary action after probation permitted, when--complaint procedures.
Disciplinary action after probation permitted, when--complaintprocedures.
306.232. 1. After a probation period of one year, members of thepatrol shall be subject to removal, reduction in rank, or suspension ofmore than three days only for cause after a petition with a formal chargehas been filed in writing before or by the commissioner and upon a findingand vote by a majority of a board of six patrol members after a hearing.The members of the board shall be randomly selected from districts ordivisions other than that of the accused. The board shall be composed ofsix unbiased members including one nonvoting captain, one lieutenant, andfour members of the same rank as the accused member. The randomly selectedcaptain shall serve as presiding officer at the hearing. Within thirtydays after the petition is filed, unless the accused consents to anextension of the time, the board shall conduct a hearing and report to thecommissioner the finding and vote of the majority of the board, whether thecharges are true, and what discipline, if any, should be imposed. Alllawful rules, regulations, and orders of the commissioner shall be obeyedby the members of the patrol, who shall be subject to dismissal or one ormore of the following as adjudged by the commissioner:
(1) Suspension without pay for not more than thirty days;
(2) Reduction in rank; or
(3) Disciplinary transfer at the member's expense.
Nothing in this section shall be construed to prevent nondisciplinarytransfers of members if the commissioner determines that such transfers arefor the good of the patrol. No hearings shall be required in the case ofreprimands or suspensions of three days or less which may be imposed at thediscretion of the commissioner.
2. If a complaint is filed against a member, the member shall beprovided a copy of the complaint promptly after the complaint is filed byor received by the patrol. Unless the member consents in writing to anearlier time, the member shall not be questioned by the patrol about thecomplaint or ordered to respond in writing to the complaint untilforty-eight hours after the member has received a copy of the complaint.The member shall have a reasonable opportunity to have counsel presentduring any questioning related to the complaint. Prior to the commissioneror the patrol making an initial recommendation of discipline, the membershall be entitled to a copy of any investigation reports and any otherwritten or recorded information or other evidence reviewed by the patrolwhich relates to the complaint; and the member will be afforded anopportunity to present a written response thereto.
3. Notwithstanding the provisions of this subsection or subsection 2of this section to the contrary, the commissioner may postpone notifying amember that a complaint has been filed against him or her and may withholdthe complaint and part or all of the investigation report and otherevidence if the commissioner determines that such disclosures shallseriously interfere with the investigation regarding such complaint or anyother investigation being conducted by the patrol or may likely jeopardizethe health or safety of any person. Nothing in this subsection shall beconstrued to limit the rights of parties to discovery in civil or criminallitigation.
(L. 2007 H.B. 461)Effective 7-01-07