2023 -- S 0605

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LC002339

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TOWNS AND CITIES -- JUST CAUSE DISMISSAL OF MUNICIPAL

POLICE CHIEF

     Introduced By: Senators F. Lombardi, Felag, Burke, LaMountain, and Ciccone

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "Towns and Cities" is hereby amended

by adding thereto the following chapter:

CHAPTER 16.1

JUST CAUSE DISMISSAL OF MUNICIPAL POLICE CHIEF

     45-16.1-1. Definitions.

     As used in this chapter, the following words shall have the meanings indicated:

     (1) "Hearing" means any meeting in the course of an investigatory proceeding, other than

an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

the purpose of taking or adducing testimony or receiving evidence.

     (2) "Hearing committee" means a committee which is authorized to hold a hearing on a

complaint against a municipal police chief and which consists of three (3) active or retired law

enforcement officers from within the State of Rhode Island, and may include chiefs of police, who

have had no part in the investigation or interrogation of the police chief.

     (3) "Police chief" means the highest ranking sworn officer permanently employed by a city

or town police department.

     45-16.1-2. Membership of hearing committee.

     (a) The hearing committee shall be composed of three (3) members; one member selected

by the second highest ranking officer of the municipal law enforcement agency, one member

selected by the aggrieved police chief and the third member shall be selected by the other two (2)

members.

     (b) In the event that the other two (2) members are unable to agree upon a third member

within five (5) days, then either member shall make application to the presiding justice of the

superior court and the presiding justice shall appoint the third member who shall be an active law

enforcement officer.

     (c) Upon written application by a majority of the hearing committee, the presiding justice,

in their discretion, may also appoint legal counsel to assist the hearing committee. The municipal

law enforcement agency and the police chief under investigation shall each be responsible to pay

fifty percent (50%) of the legal fee of the appointed legal counsel for the hearing committee;

provided, however, that on motion made by either party, the presiding justice shall have the

authority to make a different disposition as to what each party is required to pay toward the

appointed legal counsel’s legal fee.

     45-16.1-3. Conduct of investigation.

     Whenever a police chief is under investigation or subjected to interrogation by a municipal

law enforcement agency as requested by a mayor or chief executive of the municipality for a non-

criminal matter which could lead to disciplinary action, demotion, or dismissal, the investigation

or interrogation shall be conducted under the following conditions:

     (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when

the police chief is on duty;

     (2) The interrogation shall take place at an office within the department previously

designated for that purpose by the police chief;

     (3) The police chief under interrogation shall be informed of the name, rank, and command

of the officer in charge of the investigation, the interrogating officer, and all persons present during

the interrogation. All questions directed to the police chief under interrogation shall be asked by

and through one interrogator;

     (4) No complaint against a police chief shall be brought before a hearing committee unless

the complaint is duly sworn to before an official authorized to administer oaths;

     (5) The police chief under investigation shall, prior to any interrogation, be informed in

writing of the nature of the complaint and of the names of all complainants;

     (6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for

such personal necessities and rest periods as are reasonably necessary;

     (7) Any police chief under interrogation shall not be threatened with dismissal or

disciplinary action;

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     (8) If any police chief under interrogation is under arrest, or is likely to be placed under

arrest as a result of the interrogation, the chief shall be completely informed of all their rights prior

to the commencement of the interrogation;

     (9) At the request of any police chief under interrogation, they shall have the right to be

represented by counsel of their choice who shall be present at all times during the interrogation.

The interrogation shall be suspended for a reasonable time until representation can be obtained;

     (10) No statute shall abridge nor ordinance prohibit the right of a police chief to bring suit

arising out of their duties as a police chief;

     (11) No municipal officer or official shall insert any adverse material into any file of the

police chief unless the chief has an opportunity to review and receive a copy of the material in

writing, unless the chief waives these rights in writing;

     (12) No public statement shall be made prior to a decision being rendered by the hearing

committee and no public statement shall be made if the police chief is found innocent unless the

police chief requests a public statement; provided, however, that this subsection shall not apply if

the police chief makes a public statement. This subsection shall not preclude a municipal law

enforcement agency, in a criminal matter, from releasing information pertaining to criminal charges

which have been filed against a police chief, the police chief's status of employment and the identity

of any administrative charges brought against said police chief as a result of said criminal charges;

     (13) No police chief shall be compelled to speak or testify before, or be questioned by, any

non-governmental agency.

     45-16.1-4. Disclosure of personal information.

     No police chief shall be required or requested to disclose any item of his or her property,

income, assets, source of income, debts, or personal or domestic expenditures (including those of

any member of their family or household) unless that information is necessary in investigating a

possible conflict of interest with respect to the performance of the chief's official duties, or unless

the disclosure is required by law.

     45-16.1-5. Right to hearing - Notice request for hearing - Selection of hearing

committee.

     (a) If the investigation or interrogation of a police chief results in the recommendation of

some action, such as demotion, dismissal, loss of pay, or similar action which would be considered

a punitive measure, then, before taking such action, the municipal law enforcement agency shall

give notice to the police chief that the chief is entitled to a hearing on the issues by a hearing

committee. The police chief may be relieved of duty subject to §45-16.1-14, and shall receive all

ordinary pay and benefits as the chief would have if not charged.

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     (b) Disciplinary action for violation(s) of departmental rules and/or regulations or

municipal directive or ordinance shall not be instituted against a police chief under this chapter

more than three (3) years after such incident, except where such incident involves a potential

criminal offense, in which case disciplinary action under this chapter may be instituted at any time

within the statutory period of limitations for such offense.

     (c) Notice under this section shall be in writing and shall inform the police chief of the

following:

     (1) The nature of the charge(s) against the chief and, if known, the date(s) of the alleged

offense(s);

     (2) The recommended penalty;

     (3) The fact that the chief has five (5) days from receipt of the notice within which to submit

a written request for a hearing; and

     (4) The name and address of the officer to whom a written request for a hearing (and other

related written communications) should be addressed.

     (d) The police chief shall, within five (5) days of receipt of notice given pursuant to

subsection (b) of this section, file a written request for hearing with the officer designated in

accordance with subsection (c)(4) of this section. Failure to file a written request for a hearing shall

constitute a waiver of the chief's right to a hearing under this chapter; provided, however, that the

presiding justice of the superior court, upon petition and for good cause shown, may permit the

filing of an untimely request for hearing.

     (e) The police chief shall provide the charging municipal law enforcement agency with the

name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of the filing of their request for a hearing. Failure by the police chief to file a hearing

committee selection within the time period shall constitute a waiver of their the chief's to a hearing

under this chapter; provided, however, that the presiding justice of the superior court, upon petition

and for good cause shown, may permit the filing of an untimely hearing committee selection by the

police chief. The charging municipal law enforcement, with approval of the mayor or chief

municipal executive, agency may impose the recommended penalty during the pendency of any

such petition.

     (f) The charging municipal law enforcement agency shall provide the police chief with the

name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of its receipt of the chief's request for a hearing. Failure by the charging municipal

law enforcement agency acting through the deputy chief or second highest ranking officer in the

department to file its hearing committee selection within that time period shall constitute a

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dismissal of all charges against the police chief, with prejudice; provided, however, that the

presiding justice of the superior court, upon petition and for good cause shown, may permit the

filing of an untimely hearing committee selection by the agency. Except as expressly provided in

§45-16.1-13, no disciplinary action shall be taken against the police chief by virtue of the stated

charges during the pendency of any such petition.

     (g) Within five (5) days of the charging municipal law enforcement agency's selection of a

hearing committee member, the hearing committee members selected by the police chief and by

the agency shall:

     (1) Jointly select a third hearing committee member, who shall serve as chairperson of the

hearing committee;

     (2) Petition the presiding justice of the superior court to select a third hearing committee

member, who shall be an active law enforcement officer, and who shall serve as chairperson of the

hearing committee; or

     (3) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third

hearing committee member.

     (h) Law enforcement officers selected to serve on a hearing committee under this chapter

shall be relieved of duty for each day of actual hearing and shall be compensated by their respective

agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing.

     (i) Two (2) lists of active police officers available to serve as chairpersons of the hearing

committees under this chapter shall be provided annually to the presiding justice of the superior

court. One list shall be provided by the Rhode Island Police Chiefs' Association; the other shall be

provided, jointly, by the Fraternal Order of Police and the International Brotherhood of Police

Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter,

the presiding justice shall alternate between the two (2) lists so provided.

     (j) Whenever a police chief faces disciplinary action as a result of criminal charges, the

provisions of subsections (c), (d), (e) and (f) of this section shall be suspended pending the

adjudication of said criminal charges.

     45-16.1-6. Conduct of hearing.

     (a) The hearing shall be conducted by the hearing committee selected in accordance with

§45-16.1-5. Both the municipal law enforcement agency and police chief shall be given ample

opportunity to present evidence and argument with respect to the issues involved. Both may be

represented by counsel.

     (b) The hearing shall be convened at the call of the chair; shall commence within thirty

(30) days after the selection of a chairperson of the hearing committee; and shall be completed

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within sixty (60) days of the commencement of the hearing. The hearing committee shall render a

written decision within thirty (30) days after the conclusion of the hearing. The time limits

established in this subsection may be extended by the presiding justice of the superior court for

good cause shown.

     (c) Not less than ten (10) days prior to the hearing date, the charging municipal law

enforcement agency shall provide to the police chief:

     (1) A list of all witnesses, known to the agency at that time, to be called by the agency to

testify at the hearing;

     (2) Copies of all written and/or recorded statements by such witnesses in the possession of

the agency; and

     (3) A list of all documents and other items to be offered as evidence at the hearing.

     (d) Not less than five (5) days prior to the hearing date, the police chief shall provide to the

charging municipal law enforcement agency a list of all witnesses, known to the chief at that time,

to be called by the chief to testify at the hearing.

     (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this

section shall result in the exclusion from the record of the hearing of testimony and/or evidence not

timely disclosed in accordance with those subsections.

     45-16.1-7. Evidence at hearing - Hearing record.

     (a) Evidence which possesses probative value commonly accepted by reasonable and

prudent persons in the conduct of their affairs shall be admissible and shall be given probative

effect. The hearing committee conducting the hearing shall give effect to the rules of privilege

recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious

evidence. All records and documents which any party desires to use shall be offered and made part

of the record.

     (b) No statements, documents and/or other evidence and no copies of any statements,

documents and/or other evidence shall be presented to the hearing committee prior to the hearing.

     (c) All proceedings before the hearing committee shall be recorded by stenographic record,

the expense of which shall be borne by the charging municipal law enforcement agency. A copy of

the record shall be provided to the police chief or the chief's attorney or representative of record

upon request.

     45-16.1-8. Subpoena - Oath - Production of documents.

     With respect to the subject of any investigation or hearing conducted pursuant to this

chapter, the hearing committee may subpoena witnesses and administer oaths or affirmations and

examine any individual under oath, and may require and compel the production of records, books,

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papers, contracts, and other documents.

     45-16.1-9. Witness fees.

     Witness fees and mileage, if claimed, shall be allowed at the same amount as for testimony

in the superior court. Witness fees, mileage, and the actual expenses necessarily incurred in

securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the law

enforcement agency if the police chief is ultimately found innocent.

     45-16.1-10. Cross-examination and rebuttal.

     Every party has the right of cross-examination of the witnesses who testify, and may submit

rebuttal evidence.

     45-16.1-11. Judicial notice.

     The hearing committee conducting the hearing may take notice of judicially cognizable

facts and, in addition, may take notice of general, technical, or scientific facts within its specialized

knowledge.

     45-16.1-12. Decisions of hearing committee.

     (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or

reverse the complaint or charges of the charging municipal investigating authority, as provided in

§ 45-16.1-5.

     (b) Any decision, order, or action taken as a result of the hearing shall be in writing and

shall be accompanied by findings of fact. The findings shall consist of a concise statement upon

each issue in the case. Copies of the decision or order and accompanying findings and conclusions

shall be delivered or mailed promptly to the police chief or to the chief's attorney or representative

of record and to the charging municipal law enforcement agency or to its attorney or representative

of record.

     (c) In any proceeding under this chapter, it shall be the burden of the charging law

enforcement agency to prove, by a fair preponderance of the evidence, that the police chief is guilty

of the offense(s) or violation(s) of which the chief is accused.

     45-16.1-13. Appeals.

     (a) Appeals from all decisions rendered by the hearing committee shall be to the superior

court in accordance with §§ 42-35-15 and 42-35-15.1. For purposes of this section, the hearing

committee shall be deemed an administrative agency and its final decision shall be deemed a final

order in a contested case within the meaning of §§ 42-35-15 and 42-35-15.1.

     (b) Within thirty (30) days after the service of the complaint in accordance with § 42-35-

15, or within further time allowed by the superior court, the hearing committee shall transmit to the

reviewing court the original or a certified copy of the entire record of the proceeding under review.

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By stipulation of all parties to the review proceedings, the record may be shortened. Any party

unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional

costs. The court may require or permit subsequent corrections or additions to the record.

     (c) The superior court, upon such appeal, and after a hearing thereon, may affirm the action

of such authority, or may set the same aside if it finds that such authority acted illegally or

arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause.

     45-16.1-14. Suspensions.

     (a) The provisions of this chapter are not intended to prohibit suspensions by the mayor or

chief executive of the municipality.

     (b) Summary punishment of two (2) days suspension without pay may be imposed by the

mayor or chief municipal executive for minor violations of departmental rules and regulations.

     (c) Suspension may be imposed by the mayor or chief municipal executive when the police

chief is under investigation for a criminal felony matter. Any suspension shall consist of the police

chief being relieved of duty, and shall receive all ordinary pay and benefits as the chief would

receive if not suspended. Suspension under this subsection shall not exceed one hundred eighty

(180) days.

     (d) Suspension may be imposed by the mayor or municipal chief executive when the police

chief is under investigation for a misdemeanor criminal matter. Any such suspension shall consist

of the police chief being relieved of duty, and they shall receive all ordinary pay and benefits as the

chief would receive if there was no suspension. Suspension under this subsection shall not exceed

thirty (30) days; provided, however, that if the chief is charged with a misdemeanor offense, the

charging municipal law enforcement agency may continue said suspension with pay up to a total

of one hundred and eighty (180) days. If the disposition of the criminal matter does not take place

within one hundred eighty (180) days of the commencement of such suspension, the police chief

may be suspended without pay and benefits; provided, however, that the police chief’s entitlement

to such medical insurance, dental insurance, disability insurance and life insurance as is available

to all other officers within the agency shall not be suspended. The police chief may petition the

presiding justice of the superior court for a stay of the suspension without pay, and such stay shall

be granted upon a showing that said delay in the criminal disposition was outside the police chief's

control. In the event the police chief is acquitted of any misdemeanor related thereto, the chief shall

be forthwith reinstated and reimbursed all salary and benefits that have not been paid during the

suspension period.

     (e) Suspension may be imposed by the mayor or municipal chief executive when the police

chief is under investigation for a noncriminal matter. Any such suspension shall consist of the

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police chief being relieved of duty, and the chief shall receive all ordinary pay and benefits as the

chief would receive if there was no suspension. Suspension under this subsection shall not exceed

fifteen (15) days or any other time frame established under the provisions of any applicable

collective bargaining agreement.

     (f) Suspension may be imposed by the mayor or municipal chief executive upon receipt of

notice or disciplinary action in accordance with § 45-16.1-5 of this chapter in which termination or

demotion is the recommended punishment. Any such suspension shall consist of the police chief

being relieved of duty, and the chief shall receive all ordinary pay and benefits as the chief would

receive if there was no suspension.

     (g) Any police chief who is charged, indicted or informed against for a felony or who is

convicted of and incarcerated for a misdemeanor may be suspended without pay and benefits at the

discretion of the mayor or municipal chief executive or the second highest ranking sworn officers;

provided, however, that the police chief's entitlement to medical insurance, dental insurance,

disability insurance, and life insurance as is available to all other officers within the agency shall

not be suspended. In the event that the police chief is acquitted of any felony related thereto, the

police chief shall be reinstated and reimbursed forthwith for all salary and benefits that have not

been paid during the suspension period.

     (h) Any police chief who is convicted of a felony shall, pending the prosecution of an

appeal, be suspended without pay and benefits; provided, however, that the police chief's

entitlement to such medical insurance, dental insurance, disability insurance, and life insurance as

is available to all other officers within the agency shall not be suspended. Whenever, upon appeal,

such conviction is reversed, the suspension under this subsection shall terminate and the police

chief shall forthwith be paid the salary and benefits that would have been paid to them during that

period of suspension.

     (i) Any police chief who pleads guilty or no contest to a felony charge or whose conviction

of a felony has, after or in the absence of a timely appeal, become final may be dismissed by the

mayor or municipal chief executive and, in the event of such dismissal, other provisions of this

chapter shall not apply.

     45-16.1-15. Retaliation for exercising rights.

     (a) No police chief shall be discharged, demoted, disciplined, or denied promotion, or

otherwise discriminated against in regard to employment or be threatened with any such treatment,

by reason of the exercise of, or demand for, rights granted in this chapter, or by reason of the lawful

exercise of constitutional rights.

     (b) Any police chief who is denied any right afforded by this chapter may apply, to the

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superior court where they reside or are regularly employed for any order directing the municipal

law enforcement agency to show cause why the right should not be afforded.

     45-16.1-16. Exclusivity of remedy.

     The remedies contained in this chapter shall be the sole and exclusive remedies for all

police chiefs subject to the provisions of this chapter.

     45-16.1-17. Immunity of hearing committee members.

     Members of a hearing committee constituted in accordance with the provisions of this

chapter shall not be held civilly liable for any breach of their duties as such members, provided

that, nothing in this section shall eliminate or limit the liability of a qualified member:

     (1) For acts or omissions not in good faith or which involve intentional misconduct or a

knowing violation of law;

     (2) For any transaction from which such member derived an improper personal benefit; or

     (3) For any malicious, willful or wanton act.

     45-16.1-18. Severability.

     If any provision of this chapter or other application thereof shall for any reason be judged

invalid, such a judgment shall not affect, impair or invalidate the remainder of the chapter, but shall

be confined in its effect to the provisions or application directly involved in the controversy giving

rise to the judgment.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- JUST CAUSE DISMISSAL OF MUNICIPAL

POLICE CHIEF

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     This act would create a process and procedures similar to the protections afforded to law

enforcement officers under the Law Enforcement Officers’ Bill of Rights, chapter 28.6 of title 42,

applicable to municipal police chiefs.

     This act would take effect upon passage.

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