52D-3.5 Reports to legislature. (a) The chief of each county police department shall submit to the legislature no later than January 31 of each year an annual report of misconduct incidents that resulted in suspension or discharge of a police officer. The reporting period of each report shall be from January 1 to December 31 of the year immediately prior to the year of the report submission.

(b) The report shall:

(1) Summarize the facts and the nature of the misconduct for each incident;

(2) Specify the disciplinary action imposed for each incident;

(3) Identify any other incident in the annual report committed by the same police officer; and

(4) State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer or the police officer's representative has concluded:

(A) If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:

(i) Whether the incident concerns conduct punishable as a crime, and if so, describe the county police department's findings of fact and conclusions of law concerning the criminal conduct; and

(ii) Whether the county police department notified the respective county prosecuting attorney of the incident; or

(B) If the highest nonjudicial grievance adjustment procedure has not concluded, the report shall state the current stage of the nonjudicial grievance adjustment procedure as of the end of the reporting period.

(c) The report shall tabulate the number of police officers suspended and discharged under the following categories of the department's Standards of Conduct:

(1) Malicious use of physical force;

(2) Mistreatment of prisoners;

(3) Use of drugs and narcotics; and

(4) Cowardice.

(d) The summary of facts provided in accordance with subsection (b)(1) shall not be of such a nature so as to disclose the identity of the individuals involved.

(e) For any misconduct incident reported pursuant to this section and subject to subsection (b)(4)(B), the chief of each county police department shall provide updated information in each successive annual report, until the highest nonjudicial grievance adjustment procedure timely invoked by the police officer has concluded. In each successive annual report, the updated information shall reference where the incident appeared in the prior annual report. For any incident resolved without disciplinary action after the conclusion of the nonjudicial grievance adjustment procedure, the chief of each county police department shall summarize the basis for not imposing disciplinary action.

(f) For each misconduct incident reported in an annual report, the chief of each county police department shall retain the disciplinary records in accordance with the department's record retention policy or for at least eighteen months after the final annual report concerning that incident, whichever period is longer. [L 1995, c 242, 3; am L 2014, c 121, 1]

 

 

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