Bill Summary for H 37 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Apr 19 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 37 (Public) Filed Thursday, February 2, 2017
AN ACT TO PROTECT MUNICIPAL LAW ENFORCEMENT OFFICERS WHO REPORT IMPROPER OR UNLAWFUL GOVERNMENT ACTIVITY FROM RETALIATION.
Intro. by Malone, Dollar, Conrad, Jackson.

View: All Summaries for BillTracking:

Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends proposed GS 160A-290, Protection from retaliation for municipal law enforcement officers, as follows. 

Revises the statement of policy to provide that municipal law enforcement officers are to be encouraged to report the described activities to their supervisor, department head, or other appropriate authority in writing (previously, the policy encouraged both verbal and written reporting). Makes conforming changes to subsection (c). Deletes the portion of the policy statement stating that municipal law enforcement officers are to be free of intimidation or harassment when reporting to public bodies about matters of public concern. 

Modifies subsection (c), setting forth the protections from retaliation, to clarify that the provided protections exist in the absence of binding personnel policies, codes of conduct, or other procedures protecting employees from retaliation. Eliminates subdivisions (3) and (4), which detailed protections from retaliation by an employing agency or another municipal law enforcement officer in a situation where an officer refuses to carry out a directive that constitutes a violation of state or federal law, rule, or regulation or poses substantial and specific danger to the public health and safety.

Amends subsection (e), setting forth remedies for retaliation, by deleting the provision that allowed for the court to award treble damages and costs and attorneys' fees against the person or employing agency found to be in willful violation of the statute.

Adds new provision to subsection (f) establishing that it is the responsibility of the state to pay for the production of the required postings concerning municipal law enforcement officers' protections and obligations for distribution. 

Adds new subsection (g), making it a Class 2 misdemeanor for any municipal law enforcement officer to knowingly file a false writing under the statute if found guilty in a judicial proceeding. 

Makes further technical changes.