HB14INTRODUCED
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HB14
77YG2EE-1
By Representatives Ingram, Sells
RFD: County and Municipal Government
First Read: 04-Feb-25
PFD: 08-Jul-24
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6 77YG2EE-1 06/11/2024 ZAK (L)cr 2024-1890
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PFD: 08-Jul-24
SYNOPSIS:
This bill would authorize the Attorney General
or Governor to appoint an interim police chief of
certain municipal police departments.
This bill would also provide procedures and
requirements for a municipality with an interim police
chief.
A BILL
TO BE ENTITLED
AN ACT
Relating to law enforcement; to authorize the Attorney
General or Governor to appoint an interim police chief under
certain conditions; and to provide pertinent procedures and
requirements for certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Attorney General or Governor, in
consultation with one another, may appoint an interim police
chief to superintend any municipal police department if he or
she determines that a particular and ongoing threat to public
safety exists within a municipality after doing all of the
following:
(1) Reviewing relevant and pertinent federal, state,
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(1) Reviewing relevant and pertinent federal, state,
and local crime statistics.
(2) Determining that the number of law enforcement
officers employed by the municipality's police department is
30 or more percent less than the average number of law
enforcement officers employed by that police department for
the preceding 10 years.
(3) Consulting with the district attorney of the
circuit in which the municipality is located.
(4) Consulting with the sheriff of the county in which
the municipality is located.
(5) Consulting with victims of crimes committed within
the municipality.
(b) The interim police chief shall serve under the
authority and at the pleasure of his or her appointing
authority and shall not be subject to the authority of the
mayor, city council, or other official of the municipality.
(c) The interim police chief shall serve until the
Attorney General or Governor, in consultation with one
another, determines that a particular and ongoing threat to
public safety no longer exists within the municipality after
satisfying all of the actions required in subsection (a) .
(d) The interim police chief shall be paid a salary
with funds from the operating account of his or her appointing
authority. The salary shall be set at the discretion of the
appointing authority.
(e) The appointing authority may petition the circuit
court of the county in which the municipality is located for
the recoupment of any costs incurred in enforcing this
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the recoupment of any costs incurred in enforcing this
section, including the payment of the interim police chief's
salary. If the court finds that the actions required in
subsection (a) were satisfied at the time of the interim
police chief's appointment, the court shall award the
appointing authority all costs associated with the enforcement
of this section.
(f) The interim police chief shall be considered an
officer of the state for purposes of Section 36-1-12, Code of
Alabama 1975.
(g) The interim police chief shall provide a
semimonthly report of the current status of, and the remedial
actions being taken by, the police department to the mayor and
city council of the municipality.
(h) The sheriff of the county in which the municipality
is located may be appointed to serve as the interim police
chief. If appointed, the sheriff shall be entitled to
additional compensation pursuant to subsection (d), not to
exceed seventy-five thousand dollars ($75,000) per year.
(i)(1) A municipality with an interim police chief
shall do both of the following:
a. Continue to fund the police department in a manner
and amount commensurate with the average of the five fiscal
years immediately preceding the interim police chief's
appointment.
b. Maintain and form any active or prospective
agreement, duty, interest in property, or obligation necessary
for the police department to, at a minimum, maintain a level
of efficacy and operation commensurate with the average of the
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of efficacy and operation commensurate with the average of the
five years immediately preceding the interim police chief's
appointment.
(2) A municipality that violates this subsection may
not receive any funds, grants, or appropriations from the
State of Alabama until the violation has ceased, as determined
by the Attorney General or Governor, in consultation with one
another.
Section 2. This act shall become effective immediately.
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