Council on Police Training v. DelawareAnnotate this Case
The issue this case presented to the Delaware Supreme Court arose out of a situation where a police officer retired while his conduct was under investigation by his employing police force. After the officer retired, the Council on Police Training revoked his certification as a police officer in the State of Delaware on the grounds that the officer’s retirement itself constituted a knowing and voluntary waiver of his right to a hearing under the Law Enforcement Officer’s Bill of Rights. The Supreme Court concluded that because the plain language of section 8404(a)(4)(e) provided that the Council could only revoke the certification of a retired officer if the officer both retired pending the resolution of an investigation that could have resulted in his discharge from the police force and “knowingly and voluntarily waived” his right to a hearing under the Law Enforcement Officer’s Bill of Rights, the Council erred. The Superior Court’s reversal of the Council’s revocation of his certification was affirmed.