PROTECT LAW ENFORCEMENT OFFICERS.

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View NCGA Bill Details2017-2018 Session
Senate Bill 596 (Public) Filed Tuesday, April 4, 2017
AN ACT TO PROTECT MUNICIPAL LAW ENFORCEMENT OFFICERS WHO REPORT IMPROPER OR UNLAWFUL GOVERNMENT ACTIVITY FROM RETALIATION.
Intro. by Barringer, Randleman, Newton.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 5 2017)

Bill History:

S 596

Bill Summaries:

  • Summary date: Apr 4 2017 - View Summary

    Enacts GS 160A-290, establishing a state policy to encourage municipal law enforcement officers to report in writing to their supervisor, department head, or other appropriate authority evidence of activity that constitutes: (1) a violation of State or federal law, rule, or regulation; (2) fraud; (3) misappropriation of State and local government resources; (4) substantial and specific danger to the public health and safety; and (5) gross mismanagement, a gross waste of monies, or gross abuse of authority. Defines municipal law enforcement officer to mean a full-time paid employee of an employing agency who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State or serving civil processes and who possesses the power of arrest by virtue of an oath administered under the authority of the State. Defines employing agency to mean a city or unified city-county government police agency. 

    Establishes the following prohibitions in the absence of binding personnel policies, Codes of Conduct, or other procedures protecting employees from retaliation. Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a municipal law enforcement officer regarding the officer's compensation, terms, conditions, location, or privileges of employment because the officer or a person acting on behalf of the officer reports or is about to report, in writing, any activity constituting any of the previously listed descriptions, unless the officer knows or has reason to believe that the report is inaccurate. Prohibits a municipal law enforcement officer from retaliating against another municipal law enforcement officer because the officer or a person acting on behalf of the officer reports or is about to report, in writing, any activity constituting any of the previously listed descriptions.

    Establishes a right of action and remedies for injuries stemming from a violation of the new statute. Lists remedies to include damages, injunction, reinstatement of the officer, payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorneys' fees, or any combination thereof. Sets a one-year statute of limitations for a claim arising under this statute from the date the alleged violation occurred. Clarifies that any claim arising under Article 21 of GS Chapter 95, Retaliatory Employment Discrimination, can be maintained pursuant to those provisions, and can only be redressed by relief available under that Article. Specifies allowable remedies.

    Makes it the duty of the employing agency of the municipal law enforcement officer to post notice to keep officers informed of their protections and obligations under the new statute. Provides that it is the responsibility of the State to pay for the production of these postings for distribution.

    Makes it s Class 2 misdemeanor for any municipal officer to be found guilty in a judicial proceeding for knowingly filing a false writing under the provisions of the new statute.

    Effective October 1, 2017, and applies to acts incurring liability on or after that date.