HOUSE BILL REPORT

EHB 1058

BYRepresentatives R. Fisher, Hankins, Zellinsky and Jones

Revising provisions for suspension without pay of a state patrol officer.

House Committe on State Government

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, Rector, Sayan and Silver.

House Staff:Barbara McLain (786-7135)

AS PASSED HOUSE FEBRUARY 27, 1989

BACKGROUND:

When an officer of the state patrol is accused of actions which may discredit the department and lead to the officer's dismissal, it is the goal of the department to investigate and properly adjudicate the complaint.

Currently, the complaint and disciplinary procedures are conducted as follows.  A complaint may be received by the Washington State Patrol from any source.  The officer in question is notified of the accusation(s) and an administrative investigation is conducted.  If the complaint is sustained, the individual's commander informs the accused of the recommended sanctions.  If it appears from the nature of the complaint that the accused officer should be relieved from duty, the officer may be suspended with pay by the Chief of the Patrol.  Suspension requires that the officer not exercise police authority, and that the officer remain on standby pending a hearing.

Upon being served the sanctions, the accused is entitled to a public hearing by the State Patrol's Trial Board.  The hearing is automatically scheduled unless the accused, within ten days, either submits a written resignation or files a written notice to waive the proceedings.

Non-commissioned employees of the Washington State Patrol are governed by the merit system rules.  In a case where a merit system employee is served disciplinary sanctions leading to dismissal, the employee may be suspended without pay pending an appeal.

SUMMARY:

When an officer is served a complaint of a criminal nature calling for discharge, the Chief of the State Patrol may immediately suspend the officer without pay pending a hearing by the Trial Board.  The Trial Board shall be convened within 45 days of the suspension, unless there is a mutually agreed upon extension.  The officer may waive the hearing and accept the proposed discipline by written notice to the Chief of the Patrol.

The phrase "in the case of acquittal" is changed to "if the charges are not sustained", and the phrase "of conviction" is changed to "the charges are sustained".

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Major Rick Jensen, Washington State Patrol; Dan Davis, Washington State Patrol Trooper's Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There are a number of good examples of bad situations where troopers continue to be paid after being served notice of a complaint of a criminal nature.  By allowing the Chief of Patrol to suspend an officer without pay in these cases, the disciplinary procedures of commissioned employees are brought more in line with disciplinary procedures of the non- commissioned, merit employees.

House Committee - Testimony Against:      None Presented.