Legislative Update:
Friday, March 23, 2007

 

 

In what has been the busiest week to date in the General Assembly, three of PBA’s agenda items were filed as legislators scrambled to meet bill drafting and filing deadlines.

25 Year Retirement for Law Enforcement Officers

Senate Bill 784 – Durham/LEO’s Purchase of Retirement Service
Primary Sponsor (s): Bob Atwater and Jeanne H. Lucas

As many of you know, Senator Lucas had been seriously ill before the session opened in January. Her illness kept her from attending even one day of this year’s session but did not keep her from completing her promise to PBA and her local Durham City and County law enforcement officers.

On March 9, 2007, Senator Lucas lost her courageous battle with cancer. But, the bill for local 25-Year retirement for Durham City and County Law Enforcement officer lives on.

PBA will never forget Senator Lucas. The filing of this bill is a testament to her commitment and understanding of law enforcement officers and their families.

PBA also extends thanks to Senator Bob Atwater from Durham who picked up the baton from Senator Lucas to ensure that this bill was introduced. This is the first bill of its kind and it has a long way to go. However, it could not have had a more honorable start.

SB 784 provides Durham City and County officers with the option to purchase 2 to 4 years of creditable service toward retirement for officers that hold an intermediate to advanced certificate.

Senate Bill 1444 – Law Officer’s 25-Year Retirement
Primary Sponsor (s): John Snow and Doug Berger

After much anticipation, the 25 year retirement bill for law enforcement officers was filed Thursday, March 22, 2007. Refer to the NCPBA Legislative Agenda and Assigned Bills for 2007.

The Senate version of 25 year retirement for law enforcement officers introduced by Senators John Snow and Doug Berger was filed on Wednesday, March 21, 2007 and the House companion bill could be on the House calendar as early as next Monday. The Primary Sponsors for the House bill will be Representatives Rick Glazier, Tim Moore, Marian McLawhorn and Debbie Clary.

Due Process for Law Enforcement Officers

Senate Bill 1396 – Deputy Sheriff Employment Protection
Primary Sponsor(s): Don East and Doug Berger

SB 1396 gives procedural due process specifically for North Carolina deputy sheriffs. The bill provides that deputies can only be fired for just cause and that a deputy can request a contested case hearing before the State Office of Administrative Courts pursuant to Article 3 of Chapter 150B of the North Carolina General Statutes.


House Bill 980 – Law Enforcement Officer Discipline
Primary Sponsor (s): Grier Martin and Paul Stam
Senate Bill 980 – Law Enforcement Officer Discipline
Primary Sponsor(s): Julia Boseman and Janet Cowell

This year’s bill has the unique distinction of having the exact same number in both the House and Senate. This year’s bill provides new provisions as identified in previous legislative updates. The most notable change to HB 980/SB 980 provides for a 30 day limit on paid suspension under section 17F5, and a new section , 17F-G has been added that provides that local government employing agencies shall adopt the minimum procedures under 17F-3 by resolution or by ordinance.

This will give latitude to your local governments to provide a system that is binding by ordinance or non-binding by resolution.

If passed as written, it will be up to our local chapters to work with their agencies and municipalities to develop a binding or non-binding process.

Either way, if passed this bill will create a professional standard of disciplinary review that will require minimal standards that ensure that an officer is afforded due process of law.

Progress was also made on bill language for the Study Bill for the Constructive Reform of the N.C. Criminal Justice and Sheriff Standards Commissions. That bill was submitted to bill drafting this week.

As always, we will keep you posted.