2005 MSPBA Legislative Report

Jan 1, 2006

Law Enforcement Officers Disability Trust Fund - PASSED
SB-2559      Author of bill:      Senator Gray Tollison Oxford, Ms.    District 9
HB-1155     Author of bill:      Rep. Eric Robinson Quitman, Ms       District 84
Officers injured in the line of duty resulting in disability will be eligible for a benefit of 34% of their base salary for up to 12 months. This benefit shall be in addition to any Workers Compensation benefits. The combination of this benefit and that of Workers Compensation benefits should provide most officers with 100% of their base salary during the benefit period.

The trust fund and assessment becomes effective July 1, 2005. The effective date of benefits will be July 1, 2006. The effective date of benefits was deferred for one year, allowing time for the fund to become solvent by means of the money collected through assessments.

This legislation was introduced by Senator Gray Tollison of Oxford, Ms and Representative Eric Robinson of Quitman, Ms in both the Senate and House of Representatives during the 2005 session at the request of PBA. This legislation ultimately passed the Senate and House of Representatives with unanimous votes. It has since been signed into law by the Governor. The legislation establishes a trust fund from which disability benefits will be paid. The trust fund will be funded from a $1.00 assessment on all citations and criminal fines.

At Will Employment - State Employees - DIES ON HOUSE CALENDAR
SB-2745...... Author of bill:      Senator Alan Nunnelee     District 6
                     Co-Author:           Senator Terry Burton         District 31
HB-1372      Author of bill:      Rep Gary Chism                   District 37
SB-2460       Author of bill:      Senator Terry Burton         District 31
PBA Opposed all of these bills. Each of the bills contained language which would remove most state personnel ( all state law enforcement officers) from under the State Personnel Board, essentially making them “AT WILL” employees. None of these bills passed the legislative session. However Senate bill 2745 (as amended) did pass the Senate and was sent to the House for consideration. The bill made it through the committee process and was on the House calendar to be called for a vote of the full House. The bill was not call for vote before the deadline and therefore died on the House Calendar. It appears that an attempt will be made again in future sessions to pass this legislation. PBA WILL OPPOSE SUCH LEGISLATION.

PBA does not condone nor support misconduct by law enforcement officers. We recognize the need for discipline and the administration of appropriate disciplinary action when misconduct occurs. However, at the same time there must also be a fair and impartial process in place by which misconduct is determined and disciplinary action is administered. Therefore we will continue to oppose any legislation that will take away the administrative due process rights of Law enforcement officers as these bills would have.

Administrative Due Process Rights for Municipal Law Enforcement Officers - DIES IN HOUSE MUNICIPALITIES COMMITTEE
HB-490      Author of bill:      Rep. Eric Robinson, Quitman Ms.       District 84
SB2133      Author of bill:      Sen. Gray Tollison, Oxford, Ms            District 9
Each of these bills would have provided basic due process rights for municipal law enforcement officers in administrative actions. Such rights included written notification of proposed disciplinary action giving the reason for such action, and notification of right to appeal. The right to a fair and impartial hearing, to have legal representation at own expense, and to cross examine any witness testifying against you. The authors of these bills understand both the need for and the fairness of such legislation

Special Attention Please.........................................
HB-490 died in the House Municipalities Committee. SB-2133 passed the Senate, was sent to the House for consideration, where it also died in the House Municipalities Committee. This is the second consecutive year this due process legislation has been killed in the House Municipalities Committee. For your knowledge and appropriate action the chairman and members of this committee are named below
Chairman ....Rep. Walter L. Robinson, Jr. Bolton Ms, District 63
Vice Chair....Rep. Cecil Brown Jackson Ms District 66
Members.....Rep Brian Aldridge Tupelo, Ms District 17
                      Willie L Bailey Greenville, Ms District 49
                      Lee Jarrell Davis Hattiesburg, Ms District 102
                      Bill Denny Jackson, Ms District 64
                      Reecy L. Dickson Macon, Ms District 42
                      Eugene Forrest Hamilton Olive Branch, Ms District 6
                      Gregory L. Holloway Sr. Hazlehurst, Ms District 76
                      Michael Janus Biloxi, Ms District 117
                      Rita Martinson Madison, Ms District 58
                      John Mayo Clarksdale, Ms District 25
                      Leonard Morris Batesville, Ms District 11
                      David Myers McComb, Ms District 98
                      Greg Snowden Meridian, Ms District 83
                      Mary Ann Stevens West, Ms District 48
                      Henry B. (Hank) Zuber Ocean Springs, Ms Dist 113

Law Enforcement Standards and Training Board - DIES IN HOUSE COMMITTEE
HB-486      Author of bill:     Rep. Eric Robinson Quitman,Ms        District 84
This legislation would have place the President of Mississippi PBA or his designee on the Law Enforcement Standards and Training Board. The bill died in the House Judiciary B Committee. PBA has requested this legislation because currently there are no members of the Training council which represent the training perspectives of the rank and file officers. Rank and file officers are the ones who receive the training prescribed by the board and must then utilized that training in actual application. Due to this, the perspective of these officers can be very beneficial in determining new training needs or changes needed in existing training.