Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 6730

   
 

*SB0008006730SRO*

Offered by:

 

SEN. WITKOS, 8th Dist.

 

To: Subst. Senate Bill No. 80

File No. 47

Cal. No. 115

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 7-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

No active head or assistant chief of any police department of any town, city or borough shall be dismissed unless there is a showing of just cause by the authority having the power of dismissal and such person has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before such authority. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than ten days after such notice. Any person so dismissed may appeal within thirty days following such dismissal to the superior court for the judicial district in which such town, city or borough is located. Service shall be made as in civil process. Said court shall review the record of such hearing, and, if it appears upon the hearing upon the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause. For the purposes of this section, "assistant chief" means the second in command of a police department and includes, but is not limited to, a deputy police chief."