§ 1880. Disciplinary procedures

(a) Any disciplinary action taken by the department against a member of the department, except a temporary suspension, shall be taken pursuant to the procedures set forth in this section.

(b) Within seven days after the delivery to a member of written charges against such member, the member may file with the commissioner a request for a hearing before a hearing panel appointed in accordance with subsection (d) of this section, which request shall be honored.

(c) If the charged member does not request a hearing within seven days after receipt of the written charges, the commissioner may take such disciplinary action as the commissioner deems appropriate, including reprimand, transfer, suspension, demotion or removal. The member may appeal the charges and the disciplinary action taken by filing an appeal with the state labor relations board within 30 days of the imposition of disciplinary action by the commissioner. When the disciplinary action taken by the commissioner is dismissal, the state labor relations board shall schedule a hearing within 60 days after filing of the appeal, subject to the rules of the board. All hearings before the board under this subsection shall be de novo.

(d) If the member requests a hearing panel, the commissioner shall provide the member with the names of five members, at least one of whom shall have the rank of lieutenant or higher, who have had no connection with the matters at issue. The member shall choose three members from the five names to serve as the hearing panel, provided that at least one member shall have the rank of lieutenant or higher. As soon as is practicable, the panel shall schedule a hearing, at which the member or the member's representative, or both, may cross examine witnesses and present evidence. The panel may issue subpoenas. At the discretion of the charged member the hearing may be closed or public.

(e) The panel shall report to the commissioner whether or not the charges have been proved by a preponderance of the evidence. The panel may make recommendations to the commissioner regarding disciplinary action to be taken if the charges are proved.

(f) If the panel finds that the charges are not proved, any pay or other rights lost through temporary suspension shall be restored. If the panel finds the charges are proved, the commissioner shall take such disciplinary action as the commissioner deems appropriate, including reprimand, transfer, suspension, demotion or removal. The decision of the panel and any resulting disciplinary action taken by the commissioner are final. (Amended 1979, No. 156 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 12; 1991, No. 25; 1995, No. 98 (Adj. Sess.), § 1.)