Officials would need grounds and hearing opportunities to remove police chiefs

Officials would need substantial job-related grounds, written notice, and an opportunity for an impartial three-member panel hearing before removing a covered chief. Coverage would include local and public college police chiefs. It would exclude sheriffs and deputies, state and federal officers, private security staff, and auxiliary officers. Removal would include firing, demotion, reduced authority or pay, and indefinite suspension. Policy disagreements alone would not justify removal without evidence of neglected duties or a material violation of law or policy. Officials would have to prove the grounds with clear and convincing evidence, a high standard of proof. The chief could bring a lawyer, present evidence, question witnesses, and request a public or closed hearing. The Virginia Association of Chiefs of Police, the Virginia Municipal League, and the Office of the Executive Secretary of Virginia’s Supreme Court would issue hearing rules, directly or through designated representatives. Notice would arrive at least five business days before the hearing. Hearings would occur five business days to 30 days after notice unless both sides agreed otherwise in writing. Hearing rules would be published within 180 days of enactment.

Officials would restore a chief’s position if the panel found no valid grounds for removal. Either side could appeal an unfavorable panel decision. These remedies would cover local and public college police chiefs facing removal. Restoration would include lost pay and benefits, authority and duties, and removal of references to the proceedings from the personnel file. The panel could award reasonable lawyer fees and costs if the charges were unsubstantiated. The local circuit court could overturn the decision, order reinstatement with lost pay, and award reasonable lawyer fees and costs. The panel would issue its written decision within 20 days after the hearing ended. An appeal would require notice within 90 days after receiving the decision.

Officials would be barred from punishing covered chiefs for exercising these rights, participating in proceedings, refusing unlawful orders, or reporting violations. The ban would cover removal and other harmful employment actions against local and public college police chiefs. Reports of violations of law or policy would be protected. Stronger protections under a contract, local ordinance, or another law would control.