Date: 02/06/2012
Final
BILL SUMMARY for HB12-1062
HOUSE COMMITTEE ON LOCAL GOVERNMENT
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01:38 PM
Representative Szabo, committee chair, called the meeting to order.
01:39 PM -- House Bill 12-1062
Representative Barker, prime sponsor, presented House Bill 12-1062, concerning minimum employment protections for Colorado peace officers. He explained that the bill provides rights and protections to peace officers in Colorado and allows a peace officer to review any adverse comment or material entered into his or her personnel file by their employer. Representative Barker responded to questions from the committee concerning the need make the rights of peace officers a matter of statewide concern under the bill.
01:56 PM
Mike Violette, representing the Colorado Fraternal Order of Police, testified in support of the bill, discussed the need to provide peace officers minimum rights under state law, and responded to questions from the committee.
01:59 PM
Kevin Bommer, Colorado Municipal League, testified against the bill, explained that matters involving peace officers are handled by individual policies at the local level, and distributed a handout to the committee (Attachment A). Mr. Bommer responded to questions from the committee concerning the bill and discussed the constitutional authority for home rule cities and towns to address local employment policies.
02:04 PM
Sheriff Grayson Robinson, representing the County Sheriffs Association, testified against the bill, explained that the bill creates an unfunded mandate on county sheriffs, and addressed questions from the committee concerning the administrative costs of the bill on county governments. Committee discussion ensued concerning the powers of county sheriffs and the current protocol for county sheriffs to amend a peace officer's personnel file or terminate a peace officer.
02:17 PM
Chief Daniel Oates, City of Aurora, and representing the Colorado Association of Chiefs of Police, testified against the bill and discussed the authority of home rule cities to address the rights of a peace officer in cases that involve amending a personnel file or terminating a peace officer. Chief Oates responded to questions from the committee concerning amendments prepared for the bill and the authority of home rule cities to address the employees issues at the local level.
02:23 PM
Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified against the bill and explained his support for a prepared amendment, which strikes language that is opposed by the Colorado Press Association and Colorado Broadcasters Association.
02:23 PM
Dianna Orf, representing the Northwest Colorado Council of Governments, testified against the bill and discussed the importance of allowing separate cities and counties to determine individual personnel policies to handle minimum standards for peace officers.
02:29 PM
Marc Colin, representing the Colorado Fraternal Order of Police, testified in support of the bill and discussed the need to provide employment protections and due process to peace officers in Colorado. Mr. Colin responded to questions from the committee concerning different types of agencies that may not have minimum employment protections for peace officers. Committee discussion ensued concerning the definition of "employment-at-will" under state law and the need to provide employment protections for peace officers.
02:42 PM
Mark Nicastle, representing the Colorado Fraternal Order of Police, testified in support of the bill and discussed his personal experience involving a lawsuit with the Adams County Sheriff's Office for being demoted unfairly. Mr. Nicastle addressed questions from the committee concerning his experience and he talked about the need for House Bill 12-1062.
02:47 PM
Dan Montgomery, representing himself and the Colorado Fraternal Order of Police, testified in support of the bill and discussed the need to have mandatory accreditation and due process for peace officers. Mr. Montgomery addressed questions from the committee concerning the benefits of local governments with minimum standards for peace officers.
02:52 PM
Frank Gale, Vice President, Colorado Fraternal Order of Police, testified in support of the bill, discussed the need for a fair process for all peace officers in the state, and responded to questions from the committee concerning the need to provide an impartial hearing and due process for peace officers throughout Colorado.
03:01 PM
The committee chair laid House Bill 12-1062 over for action only.
03:04 PM
The committee stood in a brief recess.