IN THE SENATE OF THE STATE OF FIRESTONE
AUGUST 3, 2022
Mr. urdadcaleb (for himself, Mr. 1superchris2, Mr. Creator20204, Mr. Kamraxn, Mr. AlexTheAviatorRBLX, and Mr. Clonemep) proposed the following bill:
A BILL
To regulate the department of public safety; to replace standing public safety law; to concur with "fed-law".Be it enacted by the Senate and the House of Representatives of the State of Firestone in Congress assembled,
§1. Title
(a) This Act shall be known, and may be cited as, the “Public Safety Act of 2022”.
§2. Enactment
(a) This Act shall go into effect upon the completion of the constitutionally required processes.
§3. Severability
(a) Should any part of this Act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
§4. Enforcement
(a) This Act shall be enforced by any relevant parties.
§5. Definitions
(a) The “Public Safety Reform Act” shall be defined as this.
§6. Repealments
(a) The Public Safety Reform Act shall be repealed in its entirety and declared null and void.
§7. Amendments
(a) This Act makes no amendments.
CHAPTER ONE
Establishing the department; its status as a legal entity and any other necessary information.§8. The Department
(a) The Department of Public Safety (the “Department”) shall hereafter be established.
(b) The Department shall be subordinate to the Executive Branch of the State, and shall be under the oversight of the Governor.
(c) The Roblox group of the Department shall be defined as this (with the group identifier 2809133).
(i) Any ranks or roles of the Roblox group shall not be in relation to any powers or abilities described within this Act.
(d) The Department shall be a legal entity that can be sued.
(e) All documentation and matters relating to investigations and other relevant information about the Department must be always public excluding the identities of those who provide information to the Department in a confidential fashion.
CHAPTER TWO
Establishing department leadership and positional qualifications.§9. The Secretary
(a) The Department shall be headed by the Secretary of Public Safety (the “Secretary”), who shall be recognized as the department head and a member of the Governor’s Cabinet. There shall only be a singular Secretary at any one time.
(b) The Secretary shall only enter office subsequent to nomination by the Governor and confirmation by the Senate, as defined by other applicable legislation.
(c) In order to be nominated or to hold the position of Secretary, an individual must meet all of the following requirements:
(i) A ‘POST Certification’, as issued by Firestone Peace Officer Standards and Training;
(ii) No unexpunged or unsealed arrests or convictions - except for those arrests or convictions in the process of legal dispute on the basis of falsehood;
(iii) No felony arrests or convictions, that have not been struck down as false by a court and are not in the process of legal dispute on the basis of falsehood, within the prior nine months;
(iv) Citizenship for at least 9 months;
(v) Prior employment in a primary law enforcement department or the Firestone National Guard.
(d) In order to be nominated or to hold the position of Secretary, an individual must meet at least one of the following additional requirements:
(i) A ‘Bar Certification’, authorizing an individual to practice law, as issued by the appropriate authority, designated by the relevant legislation;
(ii) A paramedicine or firefighting certification issued by the Firestone Department of Health or Firestone Fire Academy;
(iii) Citizenship for at least 12 months.
(e) In the event that an individual already holding the office of Secretary no longer meets the requirements outlined by sub-sections (c) and (d), such shall be grounds for their impeachment.
(f) The Governor may remove an individual from the position of Secretary at any time, bypassing any employment rights legislation. It shall be at the Governor’s discretion if a removed Secretary retains employment with the Department.
(g) The Secretary shall never be employed by any Subordinate Department while they hold office.
§10. The Deputy Secretary
(a) The Deputy Secretary of Public Safety (the “Deputy Secretary”), who shall be recognized as the deputy department head and a member of the sub-cabinet. There shall only be a singular Deputy Secretary at any one time.
(b) The Deputy Secretary shall only enter office subsequent to appointment by the Secretary with approval of the Governor.
(c) In order to hold the position of Deputy Secretary, an individual must meet all of the following requirements:
(i) A ‘POST Certification’, as issued by Firestone Peace Officer Standards and Training;
(ii) No unexpunged or unsealed arrests or convictions - except for those arrests or convictions in the process of legal dispute on the basis of falsehood;
(iii) No felony arrests or convictions, that have not been struck down as false by a court and are not in the process of legal dispute on the basis of falsehood, within the prior two months;
(iv) Prior employment in any law enforcement department.
(d) In the event that an individual already holding the office of Deputy Secretary no-longer meets the requirements outlined by sub-sections (c) and (d), they shall automatically vacate the office of Deputy Secretary immediately and return to a position in the Department that is not Deputy Secretary or be terminated from employment with the Department at the discretion of the Secretary.
(e) The Governor may remove an individual from the position of Deputy Secretary at any time, bypassing any employment rights legislation. It shall be at the Governor’s discretion if a removed Deputy Secretary retains employment with the Department.
(f) Should the individual currently holding the office of Deputy Secretary fail to meet the requirements outlined by this Section at the time of passage, they shall be grandfathered and retain their position, however if they cease to meet any requirements that they previously met at the point of passage, they shall vacate the office as outlined by sub-section (d).
(g) The Deputy Secretary shall never be employed by any Subordinate Department while they hold office.
(h) The Governor or Lieutenant Governor may designate the Deputy Secretary as Acting Secretary where appropriate, whereas the Deputy Secretary would bear all powers and duties of the office of Secretary, excluding the statutory requirements for holding the position of Secretary, for the period that they are considered Acting Secretary.
CHAPTER THREE
Employment within the Department of Public Safety.§11. Employment
(a) The Department shall be free to employ non-investigative personnel, such as support and administrative staff. Said non-investigative personnel may not be involved in investigations beyond supporting investigators in their duties.
(b) In order to be considered an Investigator (including more senior Investigative employees but not including the Secretary or Deputy Secretary), an individual must meet the following requirements:
(i) Either a ‘POST Certification’, as issued by Firestone Peace Officer Standards and Training, or a ‘Bar Certification’, authorizing an individual to practice law, as issued by the appropriate authority, designated by the relevant legislation;
(ii) No unexpunged or unsealed arrests or convictions - except for those arrests or convictions in the process of legal dispute on the basis of falsehood;
(iii) No felony arrests or convictions that have not been struck down as false by a court and are not in the process of legal dispute on the basis of falsehood, within the prior two months.
(c) Should an individual cease to meet the aforementioned requirements, their status as an Investigator shall be indefinitely suspended until such a time that they do meet the requirements. The Department shall be permitted to, bypassing any employment rights legislation, terminate any Investigator who does not meet the aforementioned requirements.
(d) The Secretary acting with authorization of the Governor may, bypassing any employment rights legislation, terminate any Investigator whereas there is a plausible belief that said Investigator is incapable of maintaining their duties.
CHAPTER FOUR
Establishing subordinate departments, subordinate employment, and public safety directives, blacklists and complaints.§12. Subordinate Departments
(a) Only the following departments shall be considered as “Subordinate Departments” to the Department:
(i) The Stapleton County Sheriff’s Office;
(ii) The Firestone State Patrol;
(iii) The Stapleton County Fire Department;
(iv) The Department of Public Works;
(v) The Department of Transportation;
(vi) Firestone Peace Officer Standards and Training;
(vii) The Firestone Fire Academy;
(viii) The Department of Corrections;
(ix) Any law enforcement entity created under any municipal government including:
(a) City of Arborfield Police Department;
(b) District of Prominence Police Department;
(c) City of Redwood Police Department.
(x) Firestone Park Service;
(xi) Stapleton County Port Authority.
(b) Nothing except statute may supersede this designation.
§13. Public Safety Directives
(a) The Department, with the signature of the Secretary only, may issue, amend, or nullify “Public Safety Directives” (or singularly a “Public Safety Directive”), which must be followed by all Subordinate Departments.
(b) Public Safety Directives may be overturned with a passing joint resolution of Congress.
(c) For Public Safety Directives, and any amendments/nullifications of the same, to take effect, they must have the approval of the Governor with the views of the County Executive taken into consideration if reasonably possible.
(d) The Governor and Secretary may suspend or nullify a Public Safety Directive at any time.
(e) The Deputy Secretary may suspend a Public Safety Directive for up to 24 consecutive hours.
(i) The Secretary may limit the scope of this power via a written declaration or Department policy.
(f) Any enactments, amendments, nullifications, suspensions, or un-suspensions of any Public Safety Directive must be published in any reasonable manner, whereas a clear attempt has been made to inform Subordinate Department heads, subordinate employees, and the general public.
§14. Public Safety Blacklists
(a) The Department may, referring to Public Safety Blacklist(s) (“blacklist(s)”), bar any person from employment within one or more of any departments under their jurisdiction, excluding their own, only if the following individuals concur with the blacklist:
(i) The Governor;
(ii) The Secretary of Public Safety;
(iii) The Director of the Firestone Peace Officer Standards and Training Academy;
(iv) The Deputy Secretary of Public Safety (if the position is filled);
(v) The Attorney General.
(b) For a Public Safety Blacklist to be validated, the Department must establish (via preponderance of the evidence) that the person:
(i) Committed a violation of a criminal offense that is at or greater than a Class C Felony whilst in the performance of their duties; or
(ii) Committed any egregious breach ━ by finding of the department ━ of any policies, by which they are bound to, whilst in the performance of their duties.
(c) Evidence that establishes preponderance of the evidence shall be made shall be available for public inspection, except if it is lawfully classified.
(d) Every Public Safety Blacklist shall be reviewed by the Department of Public Safety on a regular basis of every 5 months (or earlier) if the blacklist is still active. Any blacklist that violates this law shall be removed by the department.
(e) The Governor may nullify any blacklist issued by the department for any reasonable purpose allowed by state law. Furthermore, blacklists issued by the department may be overturned by a passing joint resolution of Congress.
(f) Any blacklists that are active upon enactment shall be grandfathered and shall stay active, unless it fails to meet the requirement in subsection (b).
(g) The issuance of a blacklist shall be considered disciplinary action under the laws of this state.
(h) The Department may bar people from being employed by the Department when allowed by state law.
§15. Public Safety Complaints
(a) The Secretary shall be required to maintain and publicly display a location where all Citizens of the State of Firestone may submit complaints to the Department of Public Safety. All complaints must be visible on the public record from the point of submission however the identity of those who submit complaints may be withheld by the Department and accordingly shall be exempt from public release as it is not collected with such intention.
(i) It shall be at the Secretary’s discretion if those that are not Citizens may submit complaints. Further, those complaints submitted by non Citizens are not required to be investigated.
(b) Prior to launching an investigation pertaining to a violation of airspace and/or aircraft regulations set by the Department of Aviation, medical malpractice, or the commission of a criminal offense, the Department of Aviation, Department of Health, and/or Department of Justice respectively must be consulted prior, and the respective department head (or designee thereof) given 48 hours to respond.
(i) Unless the respective department head or designee thereof does not respond within the 48-hour time period, the Department may only launch an investigation on these aforementioned matters if the department finds that life, limb, property, or state security may be at an immediate risk of permanent damage within the 48-hour time frame.
(c) The Department may not launch an investigation relating to a member of the Cabinet or Sub-Cabinet or any other department head when such an investigation pertains to the official duties/actions of the sub-cabinet member or department head’s office whilst in office and not whilst acting in another capacity (including the county executive and county/municipal department heads) without the express consent of the Governor.
(d) The Department shall be required to investigate any complaint they receive from any Citizen unless the complaint clearly has no merit or is out of the Department’s scope or whereas it has been transferred to the appropriate department(s) with the agreement of the appropriate department(s) administration. Complaints may only be declined, dismissed, or transferred by the Secretary, Deputy Secretary, or their designee personally.
(e) For an investigation to be launched subsequent to a complaint, the Deputy Secretary, Secretary, or any Investigator of the department designated by the Secretary or Deputy Secretary must give approval and assign an investigator. Investigators may not launch investigations themselves nor assign themselves or others without approval, nor may the Department launch an investigation without receipt of a complaint unless the department finds cause to believe that an immediate threat to life, limb, property, or state security is present, in which the investigation would need the approval of the Governor.
(i) Only the Secretary, Deputy Secretary, and any Investigator designated by either the Secretary or Deputy Secretary may reassign any investigation at any time.
(ii) Only the Secretary, Deputy Secretary, or any Investigator designated by either the Secretary or Deputy Secretary may dismiss any investigation at any time only for the same reasons that a public safety complaint may be dismissed.
(f) Upon the launch of an investigation, the Department must cite a particular and appropriate department policy, executive order of either the state or county government, Public Safety Directive, law, or other official document enumerating the allegations against the employee(s) which shall be referred to as the ‘object’ of the investigation.
(i) The Investigator assigned, Deputy Secretary, or Secretary may change this investigation object at any time.
CHAPTER FIVE
Establishing guidelines regarding investigations conducted by the Department.§16. Official Conduct of Investigators
(a) Investigators shall be forbidden from investigating those whom they hold a conflict of interest (either positive or negative) with. Further, Investigators shall be forbidden from investigating matters concerning departments that they currently are in or were in within the past four months.
(b) Investigators may face disciplinary action from the Department whereas they violate this subsection for they shall be forbidden from publicly (or in a reasonably public setting), except for in the official capacity as an investigator, discussing matters that they are currently investigating or have investigated.
(c) Whereas an Investigator is no longer able to render a clear and neutral judgment on the basis of facts and merits alone, they shall recuse themselves from an investigation and inform the Secretary and/or Deputy Secretary of such so that the investigation may be reassigned.
(d) The Secretary shall be required to establish, maintain, and review no less than once every two months a set of clear, uniform ethical guidelines that all Investigators must follow in the course of their official duties. The Secretary and Deputy Secretary shall be required to, through the enactment of disciplinary measures, enforce the aforementioned uniform ethical guidelines.
§17. Action of Investigation Outcomes
(a) Upon the conclusion of an Investigation, the Investigator shall present a report detailing the evidence and their findings. This investigation report must be on the public record.
(b) Whereas the Department intends to enact disciplinary measures in response to an investigation, the views of the appropriate department head(s) or designee thereof must be consulted prior to the enactment of official measures. Such department head(s) or designee thereof shall have 24 hours to provide their views else it be considered waived.
(c) An employee subject to proposed disciplinary action shall have the right for them or their attorney to provide a statement in mitigation within 24 hours to the Secretary, Acting Secretary, or designated official. The statement must be taken into consideration before enacting official disciplinary measures.
(d) With the Secretary or Acting Secretary’s approval subsequent to an investigation and the requirements set by this Act or other applicable legislation met, disciplinary action may be taken against an employee whereas it is found that they have violated policy.
(e) The Governor may overrule disciplinary action the Department intends to or has taken before or within 48 hours of enactment of official disciplinary measures. The County Executive, regarding county departments, shall be given a chance to respond to disciplinary action the Department intends to or has taken before or within 48 hours of enactment of official disciplinary measures. Such a response shall be taken into consideration by the department.
(f) The Department shall be forbidden from issuing any sort of punishment that exceeds official disciplinary measures. Further, the department shall not order any retraining without the authorization of the entity conducting the particular course that is to be completed.