SENATE BILL REPORT

SB 5099

BYSenators McCaslin, DeJarnatt and von Reichbauer; by request of Washington State Patrol

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

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 24, 1989

Majority Report:  That Substitute Senate Bill No. 5099 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Sutherland.

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

                  January 27, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, JANUARY 24, 1989

BACKGROUND:

The Chief of the Washington State Patrol has no authority to suspend a commissioned officer without pay following a complaint which could result in the officer's dismissal for cause.  An officer must remain in the ranks until the matter is settled, although he is removed from line duty.  When such an event has occurred, the result has been frustrating for the officer and for management, as well as damaging morale in the force.

SUMMARY:

When a complaint served upon a commissioned officer of the Washington State Patrol requires discharge of the officer, the Chief of the Patrol may immediately suspend the officer without pay pending a trial board hearing.  The trial board must be convened within 45 days of the suspension.  An affected officer may waive a hearing and accept the proposed discipline upon written notice by the Chief.

Technical changes are made in the language concerning whether the charges are sustained.

EFFECT OF PROPOSED SUBSTITUTE:

The Chief of the State Patrol may suspend an officer without pay if the complaint is of a criminal nature.  The deadline for the convening of a trial board may be extended beyond 45 days upon mutual agreement; the officer remains on suspension without pay.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Major Rick Jensen, Washington State Patrol (pro); Dan Davis, President, Washington State Patrol Troopers Association (pro)