PROTECT LAW ENFORCEMENT OFFICERS.

Printer-friendly: Click to view
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.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 27 2017)
H 37

Bill Summaries:

  • Summary date: Apr 19 2017 - View 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. 


  • Summary date: Feb 2 2017 - View Summary

    Enacts GS 160A-290, Protection from retaliation for municipal law enforcement officers. Defines employing agency and municipal law enforcement officer. Provides a statement of policy and establishes the following protections and remedies.

    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 privilege of employment because the officer or a person acting on the officer's behalf reports or is about to report activity constituting (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, or (5) gross mismanagement, a gross waste of monies, or gross abuse of authority. Clarifies that this prohibition does not apply where 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 the officer's behalf reports or is about to report activity constituting any of the above descriptions.

    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 privilege of employment because the officer refused to carry out a directive that constitutes a violation of State or federal law, rule, or regulation, or poses a substantial and specific danger to the public health and safety. Prohibits a municipal law enforcement officer from retaliating against another municipal law enforcement officer because the officer refused to carry out such a directive.

    Establishes a right of action and remedies for injuries stemming from a violation of the new statute. Lists remedies to 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.

    Requires an officer to be awarded costs and reasonable attorneys' fees if permanent injunction is granted. Further, in an action seeking damages, requires the court to award damages three times the amount of actual damages, in addition to costs and reasonable attorneys' fees, if the court finds the officer was injured by willful violation of the statute.

    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. 

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