2020 Special Session I

Budget Amendments - HB5005 (Floor Request)

Floor Action: Passed By

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Chief Patron: LaRock
Law Enforcement Collective Bargaining Agreement Transparency (language only)

Item 4-0.01 #3h

Item 4-0.01 #3h

Operating Policies
Operating Policies


Page 237, set out Item § 4-0.01.

Page 237, after line 2, insert:

"h. No department, agency, local government, or other entity receiving funding from the Commonwealth, including CARES Act funding, shall enter into a collective bargaining contract with a labor union or other employee association representing law-enforcement officers or employees of a law-enforcement agency that (i) prevents the Attorney General from seeking equitable relief against a law-enforcement agency engaging in a pattern or practice of unconstitutional misconduct; (ii) includes any stipulation that delays officer interviews or interrogations after alleged wrongdoing for a set length of time; (iii) provides officers with access to evidence before interviews or interrogations about alleged wrongdoing; (iv) mandates the destruction or purging of disciplinary records from personnel files after a set length of time, or limits the consideration of disciplinary records in future employment actions; (v) prohibits the interrogation, investigation, or punishment of officers on the basis of alleged wrongdoing if a set length of time has elapsed since its alleged occurrence, or since the initiation of the investigation; (vi) prohibits supervisors from interrogating, investigating, or disciplining officers on the basis of anonymous civilian complaints; or (vii) requires arbitration of disputes related to disciplinary penalties or termination."


(This amendment places restrictions on the ability of state and local agencies or political subdivisions receiving funds from the Commonwealth to enter into a collective bargaining contracts with labor unions or employee associations representing law-enforcement officers.)