Fiscal Note - SB 0162 - Hearing Rights For Deputy Sheriffs
L.R. NO. 0503-03
BILL NO. SCS for SB 162
SUBJECT: Law Enforcement officers and Agencies; Police/Law Enforcement
TYPE: Original
DATE: March 28, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue $0 or (Unknown) $0 or (Unknown) $0 or (Unknown)
Total Estimated
Net Effect on All
State Funds* $0 or (Unknown) $0 or (Unknown) $0 or (Unknown)
*Depending on applicability of Article X, Section 21 of the Missouri
Constitution
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government* $0 or (Unknown) $0 or (Unknown) $0 or (Unknown)
*Depending on applicability of Article X, Section 21 of the Missouri
Constitution
FISCAL ANALYSIS
ASSUMPTION
Officials of the Missouri Sheriffs' Association, Missouri Police Chiefs'
Association, and Department of Public Safety - Missouri State Water Patrol
and Missouri State Highway Patrol assume that this proposal would have no
fiscal impact to their agencies.
Officials of the Jefferson City Police Department assume that this proposal
would have no fiscal impact to their agency.
Officials of the Missouri Municipal League (MML) stated this proposal would
have a major fiscal impact on municipal governments. This proposal would
require municipal sheriffs' departments to provide a formal administrative
hearing for any deputy who is disciplined. Under current law, formal
hearings are not required. MML officials assume the costs for hearings would
include legal counsel, transcripts, expert testimony, etc. They assume that
there would be several hundred formal hearings each year.
MML staff also noted that federal case law (Cleveland Board of Education v.
Loudermill 470 U.S. 532, 1985) provides that public employees who are
provided a hearing by state law may appeal any decision to the federal courts
with additional costs to cities. MML officials estimated that the annual
costs to local government could be several million dollars, primarily for
legal fees. They assume that Article X, Section 21 would apply to this new
service or activity, and the State of Missouri would be required to reimburse
local government for all increased costs to cities.
Oversight assumes that this provision could have a cost impact on all
political subdivisions throughout the state in the form of administrative
hearings for any deputy sheriffs, who were the subject of a dismissal,
disciplinary demotion or suspension. Depending on the amount of cost
associated with those hearings that would be borne by cities affected, the
constitutional possibility for state reimbursement, under Article X, Section
21, would exist.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Cost-Reimbursement to certain cities $0 $0 $0
or or or
(Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
CITIES
Income-Reimbursement from state $0 $0 $0
or or or
(Unknown) (Unknown) (Unknown)
Cost-Certain Cities
Formal disciplinary hearings for officers (Unknown) (Unknown) (Unknown)
ESTIMATED NET IMPACT
ON CITIES $0 $0 $0
or or or
(Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would grant hearing rights to deputy sheriffs. A deputy
sheriff who is subject to dismissal, demotion, or suspension may request a
hearing and one would have to be provided. Any agency that has similar
written and distributed procedures will be considered to have complied with
this requirement. The results of such hearing would be reduced to writing.
A deputy could waive his right to a hearing in writing.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Public Safety - Missouri State Highway Patrol
Department of Public Safety - Missouri State Water Patrol
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
Jefferson City Police Department
Missouri Municipal League
NOT RESPONDING - Kansas City Police Department and St. Louis Police
Department
This Fiscal Note is not an official copy and should not be quoted or cited.