HOUSE BILL REPORT

SSB 5099

BYSenate Committee on Governmental Operations (originally sponsored by Senators McCaslin, DeJarnatt and von Reichbauer; by request of Washington State Patrol)

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

House Committe on State Government

Majority Report:  Do pass.  (7)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; Hankins, Morris, O'Brien, Rector and Sayan.

House Staff:Barbara McLain (786-7135)

AS PASSED HOUSE APRIL 4, 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 and 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 remain on standby pending a hearing and not exercise police authority.

Upon being served the sanctions, the officer is entitled to a public hearing by the State Patrol's Trial Board.  The hearing is automatically scheduled unless the officer, within 10 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.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is also supported by the Troopers' Association and prevents a trooper who is suspended for criminal misconduct from receiving pay pending a hearing.

House Committee - Testimony Against:      None Presented.