<p class=ldtitle>A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.2, consisting of sections numbered 9.1-513 through 9.1-518, relating to Police Chief Bill of Rights.</p>
HB1388 creates a new “Police Chief Bill of Rights” chapter in Title 9.1 of the Code of Virginia. The bill establishes procedural protections for chiefs of police in county, city, town, and campus police departments before they can be removed, demoted, suspended indefinitely, or otherwise subjected to an adverse action that reduces rank, authority, or compensation. It defines “just cause” for removal and specifies that disagreement over policy or priorities alone is not enough to justify discipline absent neglect of duty or a material violation of law or policy.
Under the bill, a police chief could not be removed without written notice of the specific grounds, a hearing before an impartial three-member panel, and an opportunity to appear with counsel, present evidence, and cross-examine witnesses. The appointing authority would have to prove just cause by clear and convincing evidence. If the panel finds the charges unsubstantiated, the chief must be reinstated with back pay, benefits, and restored duties, and may be awarded attorney fees. The bill also allows appeals to circuit court, prohibits retaliation for asserting rights under the chapter or reporting violations, and preserves any greater protections available under contract, local ordinance, or other law.
The bill would add a new statutory framework governing discipline and removal of local and campus police chiefs, creating rights and procedures that are separate from the existing Law-Enforcement Officers' Procedural Guarantee Act. It would affect appointing authorities for local police departments and campus police departments at public institutions of higher education by limiting their discretion and imposing hearing, evidentiary, and reinstatement requirements. It also directs the Virginia Association of Chiefs of Police, the Virginia Municipal League, and the Office of the Executive Secretary of the Supreme Court of Virginia to develop implementing rules.
The available record suggests the bill was not advanced and instead was continued to the next session in the Public Safety committee by voice vote. With no recorded votes or committee transcript provided, there is no detailed public debate in the record here, but the procedural outcome indicates the measure did not have enough support to move forward at that time. The bill’s structure suggests it was intended to strengthen job protections for police chiefs, which may appeal to law-enforcement leadership and some local-government stakeholders while raising concerns among appointing authorities about reduced managerial flexibility.
The main points of contention are likely to be the bill’s strong due-process protections, the high “clear and convincing evidence” standard, and the requirement that a removal decision be made by an outside panel rather than solely by the appointing authority. Local governments and appointing bodies may object that the bill restricts their ability to promptly remove chiefs for performance or policy reasons, while supporters would likely argue that chiefs need protection from politically motivated or retaliatory removals. The bill also expressly excludes sheriffs, deputies, State Police, and other officers, which limits its scope and may reflect an effort to tailor the protections only to municipal and campus police chiefs.