SUBSTITUTE SENATE BILL NO. 5099
C 028 L 89
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Governmental Operations (originally sponsored by Senators McCaslin, DeJarnatt and von Reichbauer; by request of Washington State Patrol)
Read first time 1/26/89.
AN ACT Relating to suspension without pay of a state patrol officer; and amending RCW 43.43.080 and 43.43.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 43.43.080, chapter 8, Laws of 1965 and RCW 43.43.080 are each amended to read as follows:
a hearing, the chief of the patrol may suspend the officer complained of, and
the officer may, within ten days after being served with the complaint, either
submit a written resignation or file written notice of his desire to waive a
hearing. In the
event that a letter of resignation is submitted, it shall be accepted without
prejudice.)) When the
complaint served upon an officer is of a criminal nature calling for the
discharge of the officer, the chief of the patrol may immediately suspend the officer
without pay pending a trial board hearing. The board shall be convened no
later than forty-five days from the date of suspension. However, this does not
preclude the granting of a mutually agreed upon extension; in such cases the
officer shall remain on suspension without pay.
An officer complained of may waive a hearing and accept the proposed discipline by written notice to the chief of the patrol.
Sec. 2. Section 43.43.090, chapter 8, Laws of 1965 as amended by section 3, chapter 141, Laws of 1984 and RCW 43.43.090 are each amended to read as follows:
At the hearing, an administrative law judge appointed under chapter 34.12 RCW shall be the presiding officer, and shall make all necessary rulings in the course of the hearing, but shall not be entitled to vote.
The complainant and the officer complained of may submit evidence, and be represented by counsel, and a full and complete record of the proceedings, and all testimony, shall be taken down by a stenographer.
hearing, the findings of the trial board shall be submitted to the chief. Such
findings shall be final ((
in the case of acquittal)) if the charges
are not sustained. In the event (( of conviction)) the charges
are sustained the chief may determine the proper disciplinary action and
declare it by written order served upon the officer complained of.