If a hearing officer, judge or appeals board finds a law enforcement officer was fired without just cause, the employer does not reinstate the officer, and a superior court also finds the firing was without just cause, the employer must pay the officer's taxable costs, reasonable attorney fees and expert fees for both the appeal hearing and the court case.
Official title: law enforcement; reinstatement; costs
- September 12, 2026
What changes
-
NowAn employer must pay all taxable costs, reasonable attorney fees and expert fees a law enforcement officer incurred for both the appeal hearing and the later superior court case. This applies only when all 3 of these happen: a hearing officer, administrative law judge or appeals board finds the officer's firing was without just cause; the employer fails to reinstate the officer; and a later superior court action also finds the firing was without just cause.
BeforeThe rule 15.1 database referred to in the final disposition report rules was not tied to a specific definition.
NowThe rule 15.1 database is now defined by reference to section 38-1119. Other edits only renumber subsections and update cross-references.
Who it affects
- Law enforcement officers who are fired and appeal the firing (this section does not cover officers employed by a state agency as at-will employees)
- Law enforcement agencies and other employers of law enforcement officers, including counties, cities and towns
What you need to do
Nothing.
What the law doesn't answer
- Whether the new fee rule applies to firings or appeals already underway when the law takes effect
- Whether there is any dollar limit on the fees an employer must pay under the new rule
- What a superior court action under section 38-1107 involves
- Whether the rule applies if the employer reinstates the officer after the hearing decision but before the court rules
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.