Bill > HB1388

This bill establishes a "Police Chief Bill of Rights" to provide independent protections and procedures for certain chiefs of police, defined as the highest-ranking sworn law-enforcement officers heading local police departments or campus police departments at public higher education institutions, but excluding sheriffs, state police officers, and auxiliary police. The bill mandates that a police chief cannot be removed from office unless there is "just cause," which is defined as a reasonable and substantial ground for removal based on conduct, performance, or circumstances that materially affect their fitness for duty, including actions like conviction of a felony, gross negligence, demonstrated incompetence, or material violations of law or policy, but not mere policy disagreements. Before removal, the chief must receive written notice detailing the specific grounds for the proposed action and be given an opportunity to defend themselves personally and with legal counsel before an impartial hearing panel composed of a representative from the Virginia Association of Chiefs of Police, a representative from the Virginia Municipal League or Virginia Association of Counties, and a non-law-enforcement member appointed by the Chief Justice of the Supreme Court of Virginia. The appointing authority must prove just cause by clear and convincing evidence, and the panel will issue a written decision; if just cause is not found, the chief will be reinstated with back pay and benefits. The bill also allows for appeals to the circuit court and prohibits retaliation against chiefs for asserting their rights under this chapter.

Justice, Military Affairs and Security

https://lis.virginia.gov/bill-details/20261/HB1388