9.1-504 - Hearing; hearing panel recommendations.
§ 9.1-504. Hearing; hearing panel recommendations.
A. Whenever a law-enforcement officer is dismissed, demoted, suspended ortransferred for punitive reasons, he may, within a reasonable amount of timefollowing such action, as set by the agency, request a hearing. If suchrequest is timely made, a hearing shall be held within a reasonable amount oftime set by the agency. However, the hearing shall not be set later thanfourteen calendar days following the date of request unless a later date isagreed to by the law-enforcement officer. At the hearing, the law-enforcementofficer and his agency shall be afforded the opportunity to present evidence,examine and cross-examine witnesses. The law-enforcement officer shall alsobe given the opportunity to be represented by counsel at the hearing unlessthe officer and agency are afforded, by regulation, the right to counsel in asubsequent de novo hearing.
B. The hearing shall be conducted by a panel consisting of one member fromwithin the agency selected by the grievant, one member from within the agencyof equal rank of the grievant but no more than two ranks above appointed bythe agency head, and a third member from within the agency to be selected bythe other two members. In the event that such two members cannot agree upontheir selection, the chief judge of the judicial circuit wherein the dutystation of the grievant lies shall choose such third member. The hearingpanel may, and on the request of either the law-enforcement officer or hisagency shall, issue subpoenas requiring the testimony of witnesses who haverefused or failed to appear at the hearing. The hearing panel shall rule onthe admissibility of the evidence. A record shall be made of the hearing.
C. At the option of the agency, it may, in lieu of complying with theprovisions of § 9.1-502, give the law-enforcement officer a statement, inwriting, of the charges, the basis therefor, the action which may be taken,and provide a hearing as provided for in this section prior to dismissing,demoting, suspending or transferring for punitive reasons the law-enforcementofficer.
D. The recommendations of the hearing panel, and the reasons therefor, shallbe in writing and transmitted promptly to the law-enforcement officer or hisattorney and to the chief executive officer of the law-enforcement agency.Such recommendations shall be advisory only, but shall be accordedsignificant weight.
(1978, c. 19, §§ 2.1-116.5, 2.1-116.7; 1980, c. 191; 2001, c. 844.)