House Bill 1267

AN ACT TO CREATE THE "MUNICIPAL LAW ENFORCEMENT EMPLOYMENT PROCEDURES ACT"; TO REQUIRE MUNICIPALITIES TO PROVIDE A PRE-DISCIPLINARY HEARING FOR ANY LAW ENFORCEMENT OFFICER WHO MAY BE SUSPENDED OR TERMINATED; TO PROVIDE THE MINIMUM REQUIREMENTS FOR THE HEARING; TO SPECIFY THE INFORMATION THAT IS REQUIRED TO BE IN THE NOTICE OF HEARING TO THE OFFICER; TO PROVIDE THAT THE OFFICER MAY ATTEND THE HEARING, MAY BE REPRESENTED BY COUNSEL, MAY PRESENT EVIDENCE ON HIS OWN BEHALF AND QUESTION WITNESSES; TO PROVIDE THAT THE EVIDENTIARY PHASE OF THE HEARING MAY BE HELD IN EXECUTIVE SESSION; TO PROVIDE THAT FINAL ADJUDICATION SHALL BE HELD IN OPEN MEETING; TO EXEMPT MUNICIPALITIES THAT HAVE A CIVIL SERVICE COMMISSION OR DUE PROCESS POLICY FROM THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and cited as the "Municipal Law Enforcement Employment Procedures Act."

SECTION 2. It is the intent of the Legislature to require municipalities to provide a fair and impartial hearing to municipal law enforcement officers before any such officer is suspended or terminated.

SECTION 3. (1) The governing authority of each municipality shall create a process which allows law enforcement officers of the municipality, who may be suspended or terminated as an officer, to receive a pre-disciplinary hearing before suspension or termination.

(2) Nothing in this act shall be construed to prohibit a municipality from placing a law enforcement officer on leave without pay until the entity charged with the responsibility of conducting the hearing has rendered a decision. An officer who is reinstated after being terminated or suspended without pay, and who is not found to have committed any violations for which they were terminated or suspended without pay, shall be eligible for back pay beginning from the date of suspension or termination up to the date of reinstatement.

SECTION 4. (1) Each governing authority of a municipality shall establish written due process procedures applicable to the pre-disciplinary hearing. The due process procedure shall include, at least, the following:

(a) A written notice to the officer, which explains the reason or reasons for the termination or suspension, and shall inform the officer that he or she may request a hearing within five (5) days, and shall list where the request for hearing shall be filed. Such notice shall only be issued by the person or persons with authority to suspend or terminate the law enforcement officer.

(b) The right of the officer to be represented by legal counsel, at the officer's expense.

(d) The right of the officer to present evidence and question witnesses who testify in the proceeding.

(2) The right to the hearing authorized by this act shall be deemed waived by any officer who fails to request a hearing as required by subsection (1) of this section.

(3) A municipality may also hold a separate post-disciplinary hearing to address the suspension or termination of the law enforcement officer. If the municipality holds a separate post-disciplinary hearing, the requirements of this act for pre-disciplinary hearings shall apply.

(4) The hearing shall be conducted by an impartial hearing officer or body. If the hearing is before the municipal governing body, the hearing may be conducted in an executive session, provided that final adjudication shall occur in an open session.

(5) The rules of evidence and rules of discovery shall not apply to hearings held pursuant to this act.

SECTION 5. This act shall not apply to any municipality that has a civil service commission acting under the provisions of Sections 21-31-1 through 21-31-75, or that has an ordinance requiring a due process policy which meets or exceeds the requirements of this act.

SECTION 6. This act shall take effect and be in force from and after January 1, 2014.