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                                         SUBSTITUTE SENATE BILL NO. 5099

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                                                                            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:

          ((Pending 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.

          After 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.

                                                                                                                      Passed the Senate February 20, 1989.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 4, 1989.

                                                                                                                                         Speaker of the House.