North Carolina PBA members present strong showing as HB 980 passes Judiciary Committee

North Carolina PBA members attended a historic event for the PBA at the North Carolina General Assembly on Thursday, April 26, 2007. HB 980 titled the “Law Enforcement Discipline Act” was heard in the Judiciary-1 Committee on this date. The bill would have provided basic procedural due process for municipal police officers.

Since 1989, NCPBA has sponsored or supported many pieces of legislation, 38 of which have passed into law. However, due process legislation for law enforcement officers has never passed out of committee. On April 26, 2007, the bill passed out of the committee by a 7-6 vote.

During the meeting, the committee heard from numerous organizations and individuals who either supported or opposed the bill. The bill was opposed by the NC Police Chief’s Association, the NC Sheriff’s Association, the NC Association of County Commissioners and the NC League of Municipalities. Representatives from those organizations were on hand to speak against it.

The PBA also had speakers who spoke in favor of the bill. Triangle Chapter President David Addison, Cary Chapter board member Adam Dismukes, and retired police Chief Mel Tucker gave many favorable comments and solid reasoning about the need for this legislation to the committee.

Chief Tucker has 38 years of experience in law enforcement at the federal, state,
and local levels. He has served as a police chief in four departments in three states, including the Hickory and Asheville Police Departments. He also is a founding board member of the North Carolina Police Chief’s Association. In Tucker’s, comments he spoke about a concept called organizational reciprocity. In this concept the employee owes something to the organization including loyalty and compliance to policies and regulations. The employer also owes something to the employee, which includes treating employees fairly. According to Tucker, “Employees who are treated fairly will have higher morale, will be more productive, and everybody will benefit.”

Triangle Chapter President David Addison, in addressing the committee, spoke about due process providing checks and balances that have long been part of our system of government. He also spoke about the need for uniformity with discipline throughout the state. “Due process varies across the state from town to town and city to city.” We need to make it uniform,” he said.

Cary Chapter member Adam Dismukes also spoke to the committee and made many articulate points. According to Dismukes, “I don’t mind my decisions being scrutinized or reviewed. In fact, as a professional public servant I understand its part of the job. HB 980, however, gives me the opportunity to have those decisions reviewed fairly and independently without outside influences.” Dismukes also pointed out the basic premise of HB 980 and why officers are so concerned about due process. “Fairness can’t be achieved if you are appealing to the same city or town manager who is backing the discipline in the first place,” said Dismukes. Dismukes closed out his comments by highlighting the sacrifices that officers make and their desire for fairness. He also requested that the committee vote in favor of the bill. “Law enforcement officers make the sacrifices they do because they believe in what they do. They only want the same fairness for themselves that they uphold for the citizens they serve. A vote for HB 980 is for the officers on the frontlines who are serving in each of your communities,” said Dismukes.

The PBA is extremely grateful to primary sponsors Representative Grier Martin and Representative Paul “Skip” Stam who are part of the Wake County delegation. They are also grateful to the other House J-I Committee members who voted for HB 980. They are representatives Angela Bryant, Larry Hall, Pricey Harrison, Verla Insko and House J-I Committee Chair Deborah Ross. Representative Ross who is also a member of the Wake County delegation voted “yes” to break the 6-6 tie.

The representatives who voted against HB 980 were Melanie Goodwin, Bonner Stiller, John Blust, Debbie Clary, George Holmes, and Annie Mobley.

Cary Chapter board member Adam                     Triangle Chapter President David 

Dismukes addresses the committee                    Addison speaks to the committee

Rep. Larry Hall, a supporter of HB 980, speaks about the bill as primary

bill sponsor Rep. Grier Martin and Paul "Skip" Stam listens.

NCPBA members and staff with primary bill sponsors Rep. Paul "Skip" Stam

 and Rep. Grier Martin