May
5, 2008
House Bill 1148 by Representative
J.P. Morrell will be introduced to the Louisiana Legislature.
The Bill is relative to LRS 40:2531(D)and LRS 40:2533(D) concerning
investigation of municipal police officers. This proposed addition
to the existing statutes provides for certain law enforcement
officers under investigation to have a right to their investigation
records upon written request at least 15 days prior to a hearing,
and for the expungement of certain records if the allegations
are unsubstantiated or unproven.
The Police Association of New Orleans
(PANO) unconditionally and unequivocally supports proposed House
Bill 1148 by Representative Morrell.
Unfortunately, it has become common
practice to deny officers under investigation the investigative
reports which have been compiled and used to support allegations
of rule violations or non-criminal misconduct. In answering such
accusations, it is only equitable that the accused officer has
sufficient information about the allegation to adequately prepare
any explanation or rebuttal, and to have such information in sufficient
advance of any hearing. These are common privileges of law which
apply to even the most heinous of criminal suspects, but which
are routinely denied law enforcement officers facing rule violations
or non-criminal misconduct.
Furthermore, when a complaint of
a rule violation or non-criminal misconduct is rendered unsubstantiated
or unfounded, the officer should be entitled to have that complaint
expunged from the official record, so as not to be used in future
evaluations of performance or advancement.
Historically, there are entities
both outside and within the police department which have argued
that the provision of the investigative report of misconduct in
advance of the hearing on that misconduct in some way allows for
an unfair advantage to the accused officer. If the stated purpose
of the hearing is to examine the accusation of misconduct and
provide for a fair and impartial review, what advantage in the
pursuit of the truth is there to deny the accused the opportunity
to explore the allegation and have sufficient time to prepare
an explanation? The proposed legislation would mandate that the
accused officer be provided with the investigative reports within
15 days of any hearing, which is minimally only a quarter of the
time the police department has to investigate the matter initially.
The police department has 60 days to investigate and dispose of
administrative
allegations, and still has the option of another 60-day extension
upon request. Such requests are routinely made and granted, which
would then render the accused officer only an eighth of the time
used to investigate the matter by the department. There can be
no legitimate argument that such a disparity of time still favors
the accused.
Finally, when such complaints are
concluded as being unsubstantiated or false, it is iniquitous
to memorialize those allegations in an indelible record which
will be continually reviewed for purposes of performance evaluation,
advancement, or future discipline. It is a specious proposal that
unsupported or false accusations are necessary to fairly evaluate
an employee.
The Police Association of New Orleans
has formally requested that the Louisiana Legislature consider
and enact R.S. 40:2531(D) and 2533(D), to render a fair and equitable
convention by which municipal police officers may protect their
reputation, record, and character against unmerited administrative
allegations.
2008 PANO ATTORNEY DAYS
Any PANO member, needing
legal advice, has a question or problem is urged to call for an
appointment to see Frank DeSalvo. Frank will be in the PANO Office
from
2:00PM-4:00PM to personally meet with members
Every Thursday !
ONE NOPD
