HB266 (2005) Detail

Relative to the procedure for dismissal or suspension of a police chief.


CHAPTER 24

HB 266 – FINAL VERSION

2005 SESSION

05-0646

09/01

HOUSE BILL 266

AN ACT relative to the procedure for dismissal or suspension of a police chief.

SPONSORS: Rep. O'Neil, Rock 15

COMMITTEE: Municipal and County Government

ANALYSIS

This bill lengthens the period of time within which a police chief who is dismissed or suspended by a municipality may request a superior court hearing on the merits and reasonableness of the dismissal or suspension.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0646

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the procedure for dismissal or suspension of a police chief.

Be it Enacted by the Senate and House of Representatives in General Court convened:

24:1 Police Chief; Dismissal or Suspension; Court Hearing. Amend RSA 105:2-a to read as follows:

105:2-a Police Chiefs; Powers; Dismissal. Subject to such written formal policies as may be adopted by the appointing authority, each chief of police, superintendent of police, or city marshal of any city or town who is appointed rather than elected, shall have authority to direct and control all employees of his or her department in their normal course of duty and shall be responsible for the efficient and economical use of all department equipment. Such chief, superintendent, or city marshal shall be subject to suspension without pay or dismissal only for cause, and after he or she has been presented with a written specification of the reasons. Upon such suspension or dismissal, he or she shall be entitled to a hearing, on the merits and reasonableness of the action, in superior court in the county in which the municipality is located, provided that he or she petitions the clerk of the superior court for such a hearing within [10] 45 days of his or her suspension or dismissal. The court shall have the power to affirm, modify, or negate such suspension or dismissal, based upon its findings.

24:2 Effective Date. This act shall take effect January 1, 2006.

(Approved: May 10, 2005)

(Effective Date: January 1, 2006)

Links

HB266 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB266 Revision: 8740 Date: Jan. 21, 2010, midnight

Docket