TITLE 42
State Affairs and Government

CHAPTER 42-28.6
Law Enforcement Officers' Bill of Rights

SECTION 42-28.6-13


§ 42-28.6-13. Suspensions.

(a) The provisions of this chapter are not intended to prohibit suspensions by the chief or the highest ranking officer of the law enforcement agency.

(b) Summary punishment of two (2) days' suspension without pay may be imposed for minor violations of departmental rules and regulations. Appeals of suspension under this subsection shall be subject to the grievance provisions of any applicable collective bargaining agreement.

(c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law enforcement agency when the law enforcement officer is under investigation for a criminal felony matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days.

(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law enforcement agency when the law enforcement officer in under investigation for a misdemeanor criminal matter. Any such suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not suspended. Suspension under this subsection shall not exceed thirty (30) days; provided, however, that if an officer is charged with a misdemeanor offense the chief or highest ranking sworn officer of the 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 law enforcement officer may be suspended without pay and benefits; provided, however, that the officer'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 law enforcement officer 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 law enforcement officer's control. In the event the law enforcement officer is acquitted of any misdemeanor related thereto, the officer 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 chief or highest ranking sworn officer of the law enforcement agency when the law enforcement officer is under investigation for a noncriminal matter. Any such suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not suspended. 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 chief or highest ranking sworn officer of the law enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) of this chapter in which termination or demotion is the recommended punishment. Any such suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended.

(g) Any law enforcement officer 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 agency or chief or highest ranking sworn officers; provided, however, that the officer'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 law enforcement officer is acquitted of any felony related thereto, the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the suspension period.

(h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution of an appeal, be suspended without pay and benefits; provided, however, that the officer'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 law enforcement officer shall forthwith be paid the salary and benefits that would have been paid to him or her during that period of suspension.

(i) Any law enforcement officer 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 law enforcement agency and, in the event of such dismissal, other provisions of this chapter shall not apply.

History of Section.
(G.L. 1956, § 42-28.6-13; P.L. 1976, ch. 186, § 1; P.L. 1980, ch. 272, § 1; P.L. 1985, ch. 271, § 1; P.L. 1995, ch. 19, § 1; P.L. 2007, ch. 340, § 31.)