| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0605 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002339 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- JUST CAUSE DISMISSAL OF MUNICIPAL |
|---|
| 16 | 16 | | POLICE CHIEF |
|---|
| 17 | 17 | | Introduced By: Senators F. Lombardi, Felag, Burke, LaMountain, and Ciccone |
|---|
| 18 | 18 | | Date Introduced: March 07, 2023 |
|---|
| 19 | 19 | | Referred To: Senate Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Title 45 of the General Laws entitled "Towns and Cities" is hereby amended 1 |
|---|
| 24 | 24 | | by adding thereto the following chapter: 2 |
|---|
| 25 | 25 | | CHAPTER 16.1 3 |
|---|
| 26 | 26 | | JUST CAUSE DISMISSAL OF MUNICIPAL POLICE CHIEF 4 |
|---|
| 27 | 27 | | 45-16.1-1. Definitions. 5 |
|---|
| 28 | 28 | | As used in this chapter, the following words shall have the meanings indicated: 6 |
|---|
| 29 | 29 | | (1) "Hearing" means any meeting in the course of an investigatory proceeding, other than 7 |
|---|
| 30 | 30 | | an interrogation at which no testimony is taken under oath, conducted by a hearing committee for 8 |
|---|
| 31 | 31 | | the purpose of taking or adducing testimony or receiving evidence. 9 |
|---|
| 32 | 32 | | (2) "Hearing committee" means a committee which is authorized to hold a hearing on a 10 |
|---|
| 33 | 33 | | complaint against a municipal police chief and which consists of three (3) active or retired law 11 |
|---|
| 34 | 34 | | enforcement officers from within the State of Rhode Island, and may include chiefs of police, who 12 |
|---|
| 35 | 35 | | have had no part in the investigation or interrogation of the police chief. 13 |
|---|
| 36 | 36 | | (3) "Police chief" means the highest ranking sworn officer permanently employed by a city 14 |
|---|
| 37 | 37 | | or town police department. 15 |
|---|
| 38 | 38 | | 45-16.1-2. Membership of hearing committee. 16 |
|---|
| 39 | 39 | | (a) The hearing committee shall be composed of three (3) members; one member selected 17 |
|---|
| 40 | 40 | | by the second highest ranking officer of the municipal law enforcement agency, one member 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC002339 - Page 2 of 11 |
|---|
| 44 | 44 | | selected by the aggrieved police chief and the third member shall be selected by the other two (2) 1 |
|---|
| 45 | 45 | | members. 2 |
|---|
| 46 | 46 | | (b) In the event that the other two (2) members are unable to agree upon a third member 3 |
|---|
| 47 | 47 | | within five (5) days, then either member shall make application to the presiding justice of the 4 |
|---|
| 48 | 48 | | superior court and the presiding justice shall appoint the third member who shall be an active law 5 |
|---|
| 49 | 49 | | enforcement officer. 6 |
|---|
| 50 | 50 | | (c) Upon written application by a majority of the hearing committee, the presiding justice, 7 |
|---|
| 51 | 51 | | in their discretion, may also appoint legal counsel to assist the hearing committee. The municipal 8 |
|---|
| 52 | 52 | | law enforcement agency and the police chief under investigation shall each be responsible to pay 9 |
|---|
| 53 | 53 | | fifty percent (50%) of the legal fee of the appointed legal counsel for the hearing committee; 10 |
|---|
| 54 | 54 | | provided, however, that on motion made by either party, the presiding justice shall have the 11 |
|---|
| 55 | 55 | | authority to make a different disposition as to what each party is required to pay toward the 12 |
|---|
| 56 | 56 | | appointed legal counsel’s legal fee. 13 |
|---|
| 57 | 57 | | 45-16.1-3. Conduct of investigation. 14 |
|---|
| 58 | 58 | | Whenever a police chief is under investigation or subjected to interrogation by a municipal 15 |
|---|
| 59 | 59 | | law enforcement agency as requested by a mayor or chief executive of the municipality for a non-16 |
|---|
| 60 | 60 | | criminal matter which could lead to disciplinary action, demotion, or dismissal, the investigation 17 |
|---|
| 61 | 61 | | or interrogation shall be conducted under the following conditions: 18 |
|---|
| 62 | 62 | | (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when 19 |
|---|
| 63 | 63 | | the police chief is on duty; 20 |
|---|
| 64 | 64 | | (2) The interrogation shall take place at an office within the department previously 21 |
|---|
| 65 | 65 | | designated for that purpose by the police chief; 22 |
|---|
| 66 | 66 | | (3) The police chief under interrogation shall be informed of the name, rank, and command 23 |
|---|
| 67 | 67 | | of the officer in charge of the investigation, the interrogating officer, and all persons present during 24 |
|---|
| 68 | 68 | | the interrogation. All questions directed to the police chief under interrogation shall be asked by 25 |
|---|
| 69 | 69 | | and through one interrogator; 26 |
|---|
| 70 | 70 | | (4) No complaint against a police chief shall be brought before a hearing committee unless 27 |
|---|
| 71 | 71 | | the complaint is duly sworn to before an official authorized to administer oaths; 28 |
|---|
| 72 | 72 | | (5) The police chief under investigation shall, prior to any interrogation, be informed in 29 |
|---|
| 73 | 73 | | writing of the nature of the complaint and of the names of all complainants; 30 |
|---|
| 74 | 74 | | (6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for 31 |
|---|
| 75 | 75 | | such personal necessities and rest periods as are reasonably necessary; 32 |
|---|
| 76 | 76 | | (7) Any police chief under interrogation shall not be threatened with dismissal or 33 |
|---|
| 77 | 77 | | disciplinary action; 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC002339 - Page 3 of 11 |
|---|
| 81 | 81 | | (8) If any police chief under interrogation is under arrest, or is likely to be placed under 1 |
|---|
| 82 | 82 | | arrest as a result of the interrogation, the chief shall be completely informed of all their rights prior 2 |
|---|
| 83 | 83 | | to the commencement of the interrogation; 3 |
|---|
| 84 | 84 | | (9) At the request of any police chief under interrogation, they shall have the right to be 4 |
|---|
| 85 | 85 | | represented by counsel of their choice who shall be present at all times during the interrogation. 5 |
|---|
| 86 | 86 | | The interrogation shall be suspended for a reasonable time until representation can be obtained; 6 |
|---|
| 87 | 87 | | (10) No statute shall abridge nor ordinance prohibit the right of a police chief to bring suit 7 |
|---|
| 88 | 88 | | arising out of their duties as a police chief; 8 |
|---|
| 89 | 89 | | (11) No municipal officer or official shall insert any adverse material into any file of the 9 |
|---|
| 90 | 90 | | police chief unless the chief has an opportunity to review and receive a copy of the material in 10 |
|---|
| 91 | 91 | | writing, unless the chief waives these rights in writing; 11 |
|---|
| 92 | 92 | | (12) No public statement shall be made prior to a decision being rendered by the hearing 12 |
|---|
| 93 | 93 | | committee and no public statement shall be made if the police chief is found innocent unless the 13 |
|---|
| 94 | 94 | | police chief requests a public statement; provided, however, that this subsection shall not apply if 14 |
|---|
| 95 | 95 | | the police chief makes a public statement. This subsection shall not preclude a municipal law 15 |
|---|
| 96 | 96 | | enforcement agency, in a criminal matter, from releasing information pertaining to criminal charges 16 |
|---|
| 97 | 97 | | which have been filed against a police chief, the police chief's status of employment and the identity 17 |
|---|
| 98 | 98 | | of any administrative charges brought against said police chief as a result of said criminal charges; 18 |
|---|
| 99 | 99 | | (13) No police chief shall be compelled to speak or testify before, or be questioned by, any 19 |
|---|
| 100 | 100 | | non-governmental agency. 20 |
|---|
| 101 | 101 | | 45-16.1-4. Disclosure of personal information. 21 |
|---|
| 102 | 102 | | No police chief shall be required or requested to disclose any item of his or her property, 22 |
|---|
| 103 | 103 | | income, assets, source of income, debts, or personal or domestic expenditures (including those of 23 |
|---|
| 104 | 104 | | any member of their family or household) unless that information is necessary in investigating a 24 |
|---|
| 105 | 105 | | possible conflict of interest with respect to the performance of the chief's official duties, or unless 25 |
|---|
| 106 | 106 | | the disclosure is required by law. 26 |
|---|
| 107 | 107 | | 45-16.1-5. Right to hearing - Notice request for hearing - Selection of hearing 27 |
|---|
| 108 | 108 | | committee. 28 |
|---|
| 109 | 109 | | (a) If the investigation or interrogation of a police chief results in the recommendation of 29 |
|---|
| 110 | 110 | | some action, such as demotion, dismissal, loss of pay, or similar action which would be considered 30 |
|---|
| 111 | 111 | | a punitive measure, then, before taking such action, the municipal law enforcement agency shall 31 |
|---|
| 112 | 112 | | give notice to the police chief that the chief is entitled to a hearing on the issues by a hearing 32 |
|---|
| 113 | 113 | | committee. The police chief may be relieved of duty subject to §45-16.1-14, and shall receive all 33 |
|---|
| 114 | 114 | | ordinary pay and benefits as the chief would have if not charged. 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC002339 - Page 4 of 11 |
|---|
| 118 | 118 | | (b) Disciplinary action for violation(s) of departmental rules and/or regulations or 1 |
|---|
| 119 | 119 | | municipal directive or ordinance shall not be instituted against a police chief under this chapter 2 |
|---|
| 120 | 120 | | more than three (3) years after such incident, except where such incident involves a potential 3 |
|---|
| 121 | 121 | | criminal offense, in which case disciplinary action under this chapter may be instituted at any time 4 |
|---|
| 122 | 122 | | within the statutory period of limitations for such offense. 5 |
|---|
| 123 | 123 | | (c) Notice under this section shall be in writing and shall inform the police chief of the 6 |
|---|
| 124 | 124 | | following: 7 |
|---|
| 125 | 125 | | (1) The nature of the charge(s) against the chief and, if known, the date(s) of the alleged 8 |
|---|
| 126 | 126 | | offense(s); 9 |
|---|
| 127 | 127 | | (2) The recommended penalty; 10 |
|---|
| 128 | 128 | | (3) The fact that the chief has five (5) days from receipt of the notice within which to submit 11 |
|---|
| 129 | 129 | | a written request for a hearing; and 12 |
|---|
| 130 | 130 | | (4) The name and address of the officer to whom a written request for a hearing (and other 13 |
|---|
| 131 | 131 | | related written communications) should be addressed. 14 |
|---|
| 132 | 132 | | (d) The police chief shall, within five (5) days of receipt of notice given pursuant to 15 |
|---|
| 133 | 133 | | subsection (b) of this section, file a written request for hearing with the officer designated in 16 |
|---|
| 134 | 134 | | accordance with subsection (c)(4) of this section. Failure to file a written request for a hearing shall 17 |
|---|
| 135 | 135 | | constitute a waiver of the chief's right to a hearing under this chapter; provided, however, that the 18 |
|---|
| 136 | 136 | | presiding justice of the superior court, upon petition and for good cause shown, may permit the 19 |
|---|
| 137 | 137 | | filing of an untimely request for hearing. 20 |
|---|
| 138 | 138 | | (e) The police chief shall provide the charging municipal law enforcement agency with the 21 |
|---|
| 139 | 139 | | name of one active or retired law enforcement officer to serve on the hearing committee, within 22 |
|---|
| 140 | 140 | | five (5) days of the filing of their request for a hearing. Failure by the police chief to file a hearing 23 |
|---|
| 141 | 141 | | committee selection within the time period shall constitute a waiver of their the chief's to a hearing 24 |
|---|
| 142 | 142 | | under this chapter; provided, however, that the presiding justice of the superior court, upon petition 25 |
|---|
| 143 | 143 | | and for good cause shown, may permit the filing of an untimely hearing committee selection by the 26 |
|---|
| 144 | 144 | | police chief. The charging municipal law enforcement, with approval of the mayor or chief 27 |
|---|
| 145 | 145 | | municipal executive, agency may impose the recommended penalty during the pendency of any 28 |
|---|
| 146 | 146 | | such petition. 29 |
|---|
| 147 | 147 | | (f) The charging municipal law enforcement agency shall provide the police chief with the 30 |
|---|
| 148 | 148 | | name of one active or retired law enforcement officer to serve on the hearing committee, within 31 |
|---|
| 149 | 149 | | five (5) days of its receipt of the chief's request for a hearing. Failure by the charging municipal 32 |
|---|
| 150 | 150 | | law enforcement agency acting through the deputy chief or second highest ranking officer in the 33 |
|---|
| 151 | 151 | | department to file its hearing committee selection within that time period shall constitute a 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC002339 - Page 5 of 11 |
|---|
| 155 | 155 | | dismissal of all charges against the police chief, with prejudice; provided, however, that the 1 |
|---|
| 156 | 156 | | presiding justice of the superior court, upon petition and for good cause shown, may permit the 2 |
|---|
| 157 | 157 | | filing of an untimely hearing committee selection by the agency. Except as expressly provided in 3 |
|---|
| 158 | 158 | | §45-16.1-13, no disciplinary action shall be taken against the police chief by virtue of the stated 4 |
|---|
| 159 | 159 | | charges during the pendency of any such petition. 5 |
|---|
| 160 | 160 | | (g) Within five (5) days of the charging municipal law enforcement agency's selection of a 6 |
|---|
| 161 | 161 | | hearing committee member, the hearing committee members selected by the police chief and by 7 |
|---|
| 162 | 162 | | the agency shall: 8 |
|---|
| 163 | 163 | | (1) Jointly select a third hearing committee member, who shall serve as chairperson of the 9 |
|---|
| 164 | 164 | | hearing committee; 10 |
|---|
| 165 | 165 | | (2) Petition the presiding justice of the superior court to select a third hearing committee 11 |
|---|
| 166 | 166 | | member, who shall be an active law enforcement officer, and who shall serve as chairperson of the 12 |
|---|
| 167 | 167 | | hearing committee; or 13 |
|---|
| 168 | 168 | | (3) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third 14 |
|---|
| 169 | 169 | | hearing committee member. 15 |
|---|
| 170 | 170 | | (h) Law enforcement officers selected to serve on a hearing committee under this chapter 16 |
|---|
| 171 | 171 | | shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 17 |
|---|
| 172 | 172 | | agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing. 18 |
|---|
| 173 | 173 | | (i) Two (2) lists of active police officers available to serve as chairpersons of the hearing 19 |
|---|
| 174 | 174 | | committees under this chapter shall be provided annually to the presiding justice of the superior 20 |
|---|
| 175 | 175 | | court. One list shall be provided by the Rhode Island Police Chiefs' Association; the other shall be 21 |
|---|
| 176 | 176 | | provided, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 22 |
|---|
| 177 | 177 | | Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 23 |
|---|
| 178 | 178 | | the presiding justice shall alternate between the two (2) lists so provided. 24 |
|---|
| 179 | 179 | | (j) Whenever a police chief faces disciplinary action as a result of criminal charges, the 25 |
|---|
| 180 | 180 | | provisions of subsections (c), (d), (e) and (f) of this section shall be suspended pending the 26 |
|---|
| 181 | 181 | | adjudication of said criminal charges. 27 |
|---|
| 182 | 182 | | 45-16.1-6. Conduct of hearing. 28 |
|---|
| 183 | 183 | | (a) The hearing shall be conducted by the hearing committee selected in accordance with 29 |
|---|
| 184 | 184 | | §45-16.1-5. Both the municipal law enforcement agency and police chief shall be given ample 30 |
|---|
| 185 | 185 | | opportunity to present evidence and argument with respect to the issues involved. Both may be 31 |
|---|
| 186 | 186 | | represented by counsel. 32 |
|---|
| 187 | 187 | | (b) The hearing shall be convened at the call of the chair; shall commence within thirty 33 |
|---|
| 188 | 188 | | (30) days after the selection of a chairperson of the hearing committee; and shall be completed 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC002339 - Page 6 of 11 |
|---|
| 192 | 192 | | within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 1 |
|---|
| 193 | 193 | | written decision within thirty (30) days after the conclusion of the hearing. The time limits 2 |
|---|
| 194 | 194 | | established in this subsection may be extended by the presiding justice of the superior court for 3 |
|---|
| 195 | 195 | | good cause shown. 4 |
|---|
| 196 | 196 | | (c) Not less than ten (10) days prior to the hearing date, the charging municipal law 5 |
|---|
| 197 | 197 | | enforcement agency shall provide to the police chief: 6 |
|---|
| 198 | 198 | | (1) A list of all witnesses, known to the agency at that time, to be called by the agency to 7 |
|---|
| 199 | 199 | | testify at the hearing; 8 |
|---|
| 200 | 200 | | (2) Copies of all written and/or recorded statements by such witnesses in the possession of 9 |
|---|
| 201 | 201 | | the agency; and 10 |
|---|
| 202 | 202 | | (3) A list of all documents and other items to be offered as evidence at the hearing. 11 |
|---|
| 203 | 203 | | (d) Not less than five (5) days prior to the hearing date, the police chief shall provide to the 12 |
|---|
| 204 | 204 | | charging municipal law enforcement agency a list of all witnesses, known to the chief at that time, 13 |
|---|
| 205 | 205 | | to be called by the chief to testify at the hearing. 14 |
|---|
| 206 | 206 | | (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 15 |
|---|
| 207 | 207 | | section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 16 |
|---|
| 208 | 208 | | timely disclosed in accordance with those subsections. 17 |
|---|
| 209 | 209 | | 45-16.1-7. Evidence at hearing - Hearing record. 18 |
|---|
| 210 | 210 | | (a) Evidence which possesses probative value commonly accepted by reasonable and 19 |
|---|
| 211 | 211 | | prudent persons in the conduct of their affairs shall be admissible and shall be given probative 20 |
|---|
| 212 | 212 | | effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 21 |
|---|
| 213 | 213 | | recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 22 |
|---|
| 214 | 214 | | evidence. All records and documents which any party desires to use shall be offered and made part 23 |
|---|
| 215 | 215 | | of the record. 24 |
|---|
| 216 | 216 | | (b) No statements, documents and/or other evidence and no copies of any statements, 25 |
|---|
| 217 | 217 | | documents and/or other evidence shall be presented to the hearing committee prior to the hearing. 26 |
|---|
| 218 | 218 | | (c) All proceedings before the hearing committee shall be recorded by stenographic record, 27 |
|---|
| 219 | 219 | | the expense of which shall be borne by the charging municipal law enforcement agency. A copy of 28 |
|---|
| 220 | 220 | | the record shall be provided to the police chief or the chief's attorney or representative of record 29 |
|---|
| 221 | 221 | | upon request. 30 |
|---|
| 222 | 222 | | 45-16.1-8. Subpoena - Oath - Production of documents. 31 |
|---|
| 223 | 223 | | With respect to the subject of any investigation or hearing conducted pursuant to this 32 |
|---|
| 224 | 224 | | chapter, the hearing committee may subpoena witnesses and administer oaths or affirmations and 33 |
|---|
| 225 | 225 | | examine any individual under oath, and may require and compel the production of records, books, 34 |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | LC002339 - Page 7 of 11 |
|---|
| 229 | 229 | | papers, contracts, and other documents. 1 |
|---|
| 230 | 230 | | 45-16.1-9. Witness fees. 2 |
|---|
| 231 | 231 | | Witness fees and mileage, if claimed, shall be allowed at the same amount as for testimony 3 |
|---|
| 232 | 232 | | in the superior court. Witness fees, mileage, and the actual expenses necessarily incurred in 4 |
|---|
| 233 | 233 | | securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the law 5 |
|---|
| 234 | 234 | | enforcement agency if the police chief is ultimately found innocent. 6 |
|---|
| 235 | 235 | | 45-16.1-10. Cross-examination and rebuttal. 7 |
|---|
| 236 | 236 | | Every party has the right of cross-examination of the witnesses who testify, and may submit 8 |
|---|
| 237 | 237 | | rebuttal evidence. 9 |
|---|
| 238 | 238 | | 45-16.1-11. Judicial notice. 10 |
|---|
| 239 | 239 | | The hearing committee conducting the hearing may take notice of judicially cognizable 11 |
|---|
| 240 | 240 | | facts and, in addition, may take notice of general, technical, or scientific facts within its specialized 12 |
|---|
| 241 | 241 | | knowledge. 13 |
|---|
| 242 | 242 | | 45-16.1-12. Decisions of hearing committee. 14 |
|---|
| 243 | 243 | | (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or 15 |
|---|
| 244 | 244 | | reverse the complaint or charges of the charging municipal investigating authority, as provided in 16 |
|---|
| 245 | 245 | | § 45-16.1-5. 17 |
|---|
| 246 | 246 | | (b) Any decision, order, or action taken as a result of the hearing shall be in writing and 18 |
|---|
| 247 | 247 | | shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 19 |
|---|
| 248 | 248 | | each issue in the case. Copies of the decision or order and accompanying findings and conclusions 20 |
|---|
| 249 | 249 | | shall be delivered or mailed promptly to the police chief or to the chief's attorney or representative 21 |
|---|
| 250 | 250 | | of record and to the charging municipal law enforcement agency or to its attorney or representative 22 |
|---|
| 251 | 251 | | of record. 23 |
|---|
| 252 | 252 | | (c) In any proceeding under this chapter, it shall be the burden of the charging law 24 |
|---|
| 253 | 253 | | enforcement agency to prove, by a fair preponderance of the evidence, that the police chief is guilty 25 |
|---|
| 254 | 254 | | of the offense(s) or violation(s) of which the chief is accused. 26 |
|---|
| 255 | 255 | | 45-16.1-13. Appeals. 27 |
|---|
| 256 | 256 | | (a) Appeals from all decisions rendered by the hearing committee shall be to the superior 28 |
|---|
| 257 | 257 | | court in accordance with §§ 42-35-15 and 42-35-15.1. For purposes of this section, the hearing 29 |
|---|
| 258 | 258 | | committee shall be deemed an administrative agency and its final decision shall be deemed a final 30 |
|---|
| 259 | 259 | | order in a contested case within the meaning of §§ 42-35-15 and 42-35-15.1. 31 |
|---|
| 260 | 260 | | (b) Within thirty (30) days after the service of the complaint in accordance with § 42-35-32 |
|---|
| 261 | 261 | | 15, or within further time allowed by the superior court, the hearing committee shall transmit to the 33 |
|---|
| 262 | 262 | | reviewing court the original or a certified copy of the entire record of the proceeding under review. 34 |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | LC002339 - Page 8 of 11 |
|---|
| 266 | 266 | | By stipulation of all parties to the review proceedings, the record may be shortened. Any party 1 |
|---|
| 267 | 267 | | unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional 2 |
|---|
| 268 | 268 | | costs. The court may require or permit subsequent corrections or additions to the record. 3 |
|---|
| 269 | 269 | | (c) The superior court, upon such appeal, and after a hearing thereon, may affirm the action 4 |
|---|
| 270 | 270 | | of such authority, or may set the same aside if it finds that such authority acted illegally or 5 |
|---|
| 271 | 271 | | arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause. 6 |
|---|
| 272 | 272 | | 45-16.1-14. Suspensions. 7 |
|---|
| 273 | 273 | | (a) The provisions of this chapter are not intended to prohibit suspensions by the mayor or 8 |
|---|
| 274 | 274 | | chief executive of the municipality. 9 |
|---|
| 275 | 275 | | (b) Summary punishment of two (2) days suspension without pay may be imposed by the 10 |
|---|
| 276 | 276 | | mayor or chief municipal executive for minor violations of departmental rules and regulations. 11 |
|---|
| 277 | 277 | | (c) Suspension may be imposed by the mayor or chief municipal executive when the police 12 |
|---|
| 278 | 278 | | chief is under investigation for a criminal felony matter. Any suspension shall consist of the police 13 |
|---|
| 279 | 279 | | chief being relieved of duty, and shall receive all ordinary pay and benefits as the chief would 14 |
|---|
| 280 | 280 | | receive if not suspended. Suspension under this subsection shall not exceed one hundred eighty 15 |
|---|
| 281 | 281 | | (180) days. 16 |
|---|
| 282 | 282 | | (d) Suspension may be imposed by the mayor or municipal chief executive when the police 17 |
|---|
| 283 | 283 | | chief is under investigation for a misdemeanor criminal matter. Any such suspension shall consist 18 |
|---|
| 284 | 284 | | of the police chief being relieved of duty, and they shall receive all ordinary pay and benefits as the 19 |
|---|
| 285 | 285 | | chief would receive if there was no suspension. Suspension under this subsection shall not exceed 20 |
|---|
| 286 | 286 | | thirty (30) days; provided, however, that if the chief is charged with a misdemeanor offense, the 21 |
|---|
| 287 | 287 | | charging municipal law enforcement agency may continue said suspension with pay up to a total 22 |
|---|
| 288 | 288 | | of one hundred and eighty (180) days. If the disposition of the criminal matter does not take place 23 |
|---|
| 289 | 289 | | within one hundred eighty (180) days of the commencement of such suspension, the police chief 24 |
|---|
| 290 | 290 | | may be suspended without pay and benefits; provided, however, that the police chief’s entitlement 25 |
|---|
| 291 | 291 | | to such medical insurance, dental insurance, disability insurance and life insurance as is available 26 |
|---|
| 292 | 292 | | to all other officers within the agency shall not be suspended. The police chief may petition the 27 |
|---|
| 293 | 293 | | presiding justice of the superior court for a stay of the suspension without pay, and such stay shall 28 |
|---|
| 294 | 294 | | be granted upon a showing that said delay in the criminal disposition was outside the police chief's 29 |
|---|
| 295 | 295 | | control. In the event the police chief is acquitted of any misdemeanor related thereto, the chief shall 30 |
|---|
| 296 | 296 | | be forthwith reinstated and reimbursed all salary and benefits that have not been paid during the 31 |
|---|
| 297 | 297 | | suspension period. 32 |
|---|
| 298 | 298 | | (e) Suspension may be imposed by the mayor or municipal chief executive when the police 33 |
|---|
| 299 | 299 | | chief is under investigation for a noncriminal matter. Any such suspension shall consist of the 34 |
|---|
| 300 | 300 | | |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | LC002339 - Page 9 of 11 |
|---|
| 303 | 303 | | police chief being relieved of duty, and the chief shall receive all ordinary pay and benefits as the 1 |
|---|
| 304 | 304 | | chief would receive if there was no suspension. Suspension under this subsection shall not exceed 2 |
|---|
| 305 | 305 | | fifteen (15) days or any other time frame established under the provisions of any applicable 3 |
|---|
| 306 | 306 | | collective bargaining agreement. 4 |
|---|
| 307 | 307 | | (f) Suspension may be imposed by the mayor or municipal chief executive upon receipt of 5 |
|---|
| 308 | 308 | | notice or disciplinary action in accordance with § 45-16.1-5 of this chapter in which termination or 6 |
|---|
| 309 | 309 | | demotion is the recommended punishment. Any such suspension shall consist of the police chief 7 |
|---|
| 310 | 310 | | being relieved of duty, and the chief shall receive all ordinary pay and benefits as the chief would 8 |
|---|
| 311 | 311 | | receive if there was no suspension. 9 |
|---|
| 312 | 312 | | (g) Any police chief who is charged, indicted or informed against for a felony or who is 10 |
|---|
| 313 | 313 | | convicted of and incarcerated for a misdemeanor may be suspended without pay and benefits at the 11 |
|---|
| 314 | 314 | | discretion of the mayor or municipal chief executive or the second highest ranking sworn officers; 12 |
|---|
| 315 | 315 | | provided, however, that the police chief's entitlement to medical insurance, dental insurance, 13 |
|---|
| 316 | 316 | | disability insurance, and life insurance as is available to all other officers within the agency shall 14 |
|---|
| 317 | 317 | | not be suspended. In the event that the police chief is acquitted of any felony related thereto, the 15 |
|---|
| 318 | 318 | | police chief shall be reinstated and reimbursed forthwith for all salary and benefits that have not 16 |
|---|
| 319 | 319 | | been paid during the suspension period. 17 |
|---|
| 320 | 320 | | (h) Any police chief who is convicted of a felony shall, pending the prosecution of an 18 |
|---|
| 321 | 321 | | appeal, be suspended without pay and benefits; provided, however, that the police chief's 19 |
|---|
| 322 | 322 | | entitlement to such medical insurance, dental insurance, disability insurance, and life insurance as 20 |
|---|
| 323 | 323 | | is available to all other officers within the agency shall not be suspended. Whenever, upon appeal, 21 |
|---|
| 324 | 324 | | such conviction is reversed, the suspension under this subsection shall terminate and the police 22 |
|---|
| 325 | 325 | | chief shall forthwith be paid the salary and benefits that would have been paid to them during that 23 |
|---|
| 326 | 326 | | period of suspension. 24 |
|---|
| 327 | 327 | | (i) Any police chief who pleads guilty or no contest to a felony charge or whose conviction 25 |
|---|
| 328 | 328 | | of a felony has, after or in the absence of a timely appeal, become final may be dismissed by the 26 |
|---|
| 329 | 329 | | mayor or municipal chief executive and, in the event of such dismissal, other provisions of this 27 |
|---|
| 330 | 330 | | chapter shall not apply. 28 |
|---|
| 331 | 331 | | 45-16.1-15. Retaliation for exercising rights. 29 |
|---|
| 332 | 332 | | (a) No police chief shall be discharged, demoted, disciplined, or denied promotion, or 30 |
|---|
| 333 | 333 | | otherwise discriminated against in regard to employment or be threatened with any such treatment, 31 |
|---|
| 334 | 334 | | by reason of the exercise of, or demand for, rights granted in this chapter, or by reason of the lawful 32 |
|---|
| 335 | 335 | | exercise of constitutional rights. 33 |
|---|
| 336 | 336 | | (b) Any police chief who is denied any right afforded by this chapter may apply, to the 34 |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | LC002339 - Page 10 of 11 |
|---|
| 340 | 340 | | superior court where they reside or are regularly employed for any order directing the municipal 1 |
|---|
| 341 | 341 | | law enforcement agency to show cause why the right should not be afforded. 2 |
|---|
| 342 | 342 | | 45-16.1-16. Exclusivity of remedy. 3 |
|---|
| 343 | 343 | | The remedies contained in this chapter shall be the sole and exclusive remedies for all 4 |
|---|
| 344 | 344 | | police chiefs subject to the provisions of this chapter. 5 |
|---|
| 345 | 345 | | 45-16.1-17. Immunity of hearing committee members. 6 |
|---|
| 346 | 346 | | Members of a hearing committee constituted in accordance with the provisions of this 7 |
|---|
| 347 | 347 | | chapter shall not be held civilly liable for any breach of their duties as such members, provided 8 |
|---|
| 348 | 348 | | that, nothing in this section shall eliminate or limit the liability of a qualified member: 9 |
|---|
| 349 | 349 | | (1) For acts or omissions not in good faith or which involve intentional misconduct or a 10 |
|---|
| 350 | 350 | | knowing violation of law; 11 |
|---|
| 351 | 351 | | (2) For any transaction from which such member derived an improper personal benefit; or 12 |
|---|
| 352 | 352 | | (3) For any malicious, willful or wanton act. 13 |
|---|
| 353 | 353 | | 45-16.1-18. Severability. 14 |
|---|
| 354 | 354 | | If any provision of this chapter or other application thereof shall for any reason be judged 15 |
|---|
| 355 | 355 | | invalid, such a judgment shall not affect, impair or invalidate the remainder of the chapter, but shall 16 |
|---|
| 356 | 356 | | be confined in its effect to the provisions or application directly involved in the controversy giving 17 |
|---|
| 357 | 357 | | rise to the judgment. 18 |
|---|
| 358 | 358 | | SECTION 2. This act shall take effect upon passage. 19 |
|---|
| 359 | 359 | | ======== |
|---|
| 360 | 360 | | LC002339 |
|---|
| 361 | 361 | | ======== |
|---|
| 362 | 362 | | |
|---|
| 363 | 363 | | |
|---|
| 364 | 364 | | LC002339 - Page 11 of 11 |
|---|
| 365 | 365 | | EXPLANATION |
|---|
| 366 | 366 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 367 | 367 | | OF |
|---|
| 368 | 368 | | A N A C T |
|---|
| 369 | 369 | | RELATING TO TOWNS AN D CITIES -- JUST CAUSE DISMISSAL OF MUNICIPAL |
|---|
| 370 | 370 | | POLICE CHIEF |
|---|
| 371 | 371 | | *** |
|---|
| 372 | 372 | | This act would create a process and procedures similar to the protections afforded to law 1 |
|---|
| 373 | 373 | | enforcement officers under the Law Enforcement Officers’ Bill of Rights, chapter 28.6 of title 42, 2 |
|---|
| 374 | 374 | | applicable to municipal police chiefs. 3 |
|---|
| 375 | 375 | | This act would take effect upon passage. 4 |
|---|
| 376 | 376 | | ======== |
|---|
| 377 | 377 | | LC002339 |
|---|
| 378 | 378 | | ======== |
|---|
| 379 | 379 | | |
|---|