HB 1584 – AS INTRODUCED
2012 SESSION
04/03
HOUSE BILL 1584
AN ACT relative to the authority of police chiefs.
SPONSORS: Rep. D. McGuire, Merr 8; Rep. Warden, Hills 7
COMMITTEE: Criminal Justice and Public Safety
This bill provides that a police chief shall not inhibit the discretion given to a police officer under the law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2406
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the authority of police chiefs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Police Chiefs; Powers. 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. A police chief shall not inhibit the discretion given to a police officer under the law. 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 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.
2 Effective Date. This act shall take effect upon its passage.