(a) Definitions. Unless the context clearly indicates otherwise, as used in this article:
(1) "Accused officer" means any police officer who is the subject of an investigation or interrogation which results in a recommendation of punitive action against him or her.
(2) "Hearing" means any meeting in the course of an investigatory proceeding, other than an interrogation at which no testimony is taken under oath, conducted by a hearing board for the purpose of taking or inducing testimony or receiving evidence.
(3) "Hearing board" means a board appointed to hold a hearing on a complaint against an accused officer. The hearing board shall consist of three members to be appointed in accordance with the subparagraphs below. Hearing board members may be removed from office as provided below.
A. The hearing board shall be a standing hearing board. The department chief shall appoint the first member, the local fraternal order of police shall appoint the second member, and the local chamber of commerce or local businessmen's association shall appoint the third member. If there is no local fraternal order of police, the state fraternal order of police shall appoint the second member. If there is no local chamber of commerce or local businessmen's association, the first and second members shall appoint the third member by agreement. Of the three original appointments in each police department, the first member shall serve for six years from the date of his or her appointment; the second member shall serve four years from the date of his or her appointment; and the third member shall serve for two years from the date of his or her appointment. After the original appointments, all appointments shall be made for periods of four years each by the designated appointing authority. In the event that any member shall cease to be a member due to death, resignation, final removal or other cause, a new member shall be appointed within thirty days of the date the ex-member ceased to be a member. This appointment shall be made by the officer or body who in the first instance appointed the member who is no longer a member. When the hearing board is appointed, the three members shall elect one of their members to act as president of the board, who shall serve as president for one year. In the event that a member has had a part in the investigation or interrogation of an accused officer or is related by consanguinity or affinity to an accused officer, that member shall be recused from participation in the accused officer's hearing. In such an instance, the officer or body who in the first instance appointed the recused member shall appoint another person for the sole purpose of the accused officer's hearing. No member shall hold any other office (other than the office of notary public) under the United States, this state, or any municipality, county or other political subdivision thereof; nor shall any member serve on any political committee or take any active part in the management of any political campaign.
B. Any member of a hearing board may be removed as provided in this paragraph. The mayor of the municipality may, at any time, remove any hearing board member for good cause, which shall be stated in writing and made a part of the records of the hearing board. However, within ten days of removing any member, the mayor shall file in the circuit clerk's office of the county in which the municipality is located a petition setting forth in full the reason for the removal and seeking the circuit court's confirmation of the mayor's removal of the member. The mayor shall file a copy of the petition with the removed member at the same time it is filed with the circuit clerk. The petition shall have precedence on the circuit court's docket and shall be heard as soon as practicable on the request of the removed member. All rights vested in a circuit court by this subsection may be exercised by the judge thereof in vacation. In the event that no term of the circuit court is being held at the time the petition is filed, and the judge thereof cannot be reached in the county in which the petition was filed, the petition shall be heard at the next succeeding circuit court term, whether regular or special, and the removed member shall remain removed until a hearing is held on the petition. The court or the judge thereof in vacation shall hear and decide the issues presented by the petition. The party affected adversely by the court's or judge's decision shall have the right to petition the supreme court of appeals for a review of the decision as in other civil cases. If the mayor fails to file the petition with the circuit clerk's office within ten days as provided above, the removed member shall immediately resume his or her position as a hearing board member.
C. Any resident of the municipality shall have the right at any time to seek the removal of any hearing board member. To do so, the resident shall file a petition in the circuit clerk's office of the county where the municipality is located. The resident shall also serve a copy of the petition on the member sought to be removed. The petition shall be matured for hearing and heard by the circuit court or the judge thereof in vacation in the same manner as civil proceedings in the circuit courts of this state are heard. Any party adversely affected by the circuit court's or judge's decision shall have the right to petition the supreme court of appeals for a review of the decision as in other civil cases.
(4) "Police officer" or "officer" means any police officer of a police department employed by the city, but shall not include the highest ranking officer of the police department.
(5) "Punitive action" means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment.
(6) "Under investigation" or "under interrogation" means any situation in which any police officer becomes the focus of inquiry regarding any matter which may result in punitive action.
(b) Investigation and interrogation of a police officer. When any police officer is under investigation and subjected to interrogation by his commanding officer, or any other member of the employing police department, which could lead to punitive action, such interrogation shall be conducted under the following conditions:
(1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the police officer is on duty, or during his or her normal working hours, unless the seriousness of the investigation requires otherwise. If such interrogation does occur during off-duty time of the police officer being interrogated at any place other than his residence, such officer shall be compensated for such off-duty time in accordance with regular department procedure. If the interrogation of the police officer occurs during his or her regular duty hours, such officer shall not be released from employment for any work missed due to interrogation.
(2) Any police officer under investigation shall be informed of the nature of the investigation prior to any interrogation. Such officer shall also be informed of the name, rank and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. No more than three interrogators at one time shall question the officer under investigation.
(3) No police officer under interrogation shall be subjected to offensive language or threatened with punitive action. No promise of reward shall be made as an inducement to answering questions.
(4) The complete interrogation of any police officer shall be recorded and/or transcribed. Upon request of the law-enforcement officer under investigation, or the officer's counsel, and upon advance payment of the reasonable cost thereof a copy of the record shall be made available to him or her not less than ten days prior to any hearing.
(5) Upon the filing of a formal written statement of charges or whenever an interrogation focuses on matters which are likely to result in punitive action against any police officer, then that officer shall have the right to be represented by counsel who may be present at all times during such interrogation.
Nothing herein shall prohibit the immediate temporary suspension, pending an investigation, from duty of any police officer who reports for duty under the influence of alcohol or controlled substances which would prevent the officer from performing his or her duties, or under the influence of an apparent mental or emotional disorder.
(c) Hearing. Before taking any punitive action against an accused officer, the police or fire department shall give notice to the accused officer that he or she is entitled to a hearing on the issues by the hearing board. The notice shall state the time and place of the hearing and the issues involved and shall be delivered to the accused officer no later than ten days prior to the hearing. The following requirements shall govern the operation conduct of a hearing board:
(1) The hearing board shall keep an official record of each hearing it conducts. The official record shall include the testimony offered and exhibits introduced at the hearing.
(2) Both the police department and the accused officer shall be given ample opportunity to present evidence and argument with respect to any issue raised at the hearing.
(3) The hearing board may subpoena witnesses and administer oaths or affirmations and examine any individual under oath, and may require and compel the production of records, books, papers, contracts and other documents, in connection with any issue raised at the hearing.
(4) The hearing board shall prepare a written order detailing any decision or action it takes as a result of the hearing. The written order shall include written findings of fact setting forth a concise statement of the hearing board's factual findings and conclusions on each issue raised at the hearing. The hearing board shall hand-deliver, or promptly mail, a copy of the written order to the accused officer or his attorney of record.
(5) A hearing board's order is binding on all parties involved unless it is overturned in the appeal process described in section five of this article.
(d) Appeal. A hearing board's decision rendered under subsection (c), section three of this article may be appealed by the police officer adversely affected by the order or by the department chief if he or she believes that the department would be adversely affected by the hearing board's order. An appeal under this subsection shall be made to the circuit court of the county in which the police officer resides.
(Ord. 2-2016-17. Passed 2-6-17.)