R-1991-01 - Laserfiche WebLink

Browse Search

e e 7. AN AMENDMENT PROVIDING THAT A DEMOTION IS EFFECTIVE IMMEDIATELY, SUBJECT TO AN APPEAL Current Law Under Sec. 143.054, the chief of the fire or police department may recommend in writing to the civil service commission that an officer be involuntarily demoted. The chief must include reasons for the recommended demotion and request that the commission order the demotion. If the commission believes that good cause exists for ordering the demotion, the commission shall give the fire fighter or police officer notice to appear before the commission for a public hearing. The commission must give the polIce officer or fire fighter ten days notice before the hearing. Proposed Change This amendment would provide that when the chief recommends a demotion for a police officer or fire fighter, the demotion would take effect immediately, subject to the appeal. Reasons for Proposed Chanee Currently, if the chief recommends a demotion, the decision must await a review and possible appeal to the commission or a third party hearing examiner. The only time requirement in the statute is one which requires that the commission give notice to the affected police officer or fire fighter. If the officer has been suspended, the commiSSiOn must hold a hearing and render a decisipn in writing within 30 days after the date it received notice of appeal. Often, attorneys representing the employee in a demotion appeal will delay any hearing on the matter, effectively blocking the attempted demotion of the officer. There seems to be no logic for the difference between a suspension (which has immediate effect) and a demotion (which has effect only after an appeal).