2024 -- S 2891

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LC005722

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT--- RIGHTS AND PROTECTIONS

OF MUNICIPAL POLICE CHIEFS

     Introduced By: Senator David P. Tikoian

     Date Introduced: March 22, 2024

     Referred To: Senate Judiciary

     (RI Chiefs of Police Association)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 28.11

RIGHTS AND PROTECTIONS OF MUNICIPAL POLICE CHIEFS

     42-28.11-1. Police chief power and resposibility.

     Subject to the written formal policies as may be adopted by the appointing authority, the

chief of police, or active head of any police department, of any city or town, shall have authority,

as granted in the city or town’s charter and/or by its ordinances, to direct and control all employees

of the police department in the chief's normal course of duty and shall be responsible for the

efficient and economical use of all department equipment.

     42-28.11-2. Procedure for dismissal.

     No chief of police or active head of any police department of any city or town shall be

dismissed unless there is a showing of just cause by the authority having the power of dismissal

and the chief or active head of the police department has been provided notice in writing of the

specific grounds for dismissal and the chief or active head of the police department has had an

opportunity to be heard in their own defense, personally or by counsel, at a public hearing before

the authority. The public hearing, unless otherwise specified by charter or ordinance, shall be held

not less than five (5) nor more than ten (10) days after service of the notice, unless a longer period

is requested for good cause.

     42-28.11-3. Appeals.

     Any person so dismissed pursuant to § 42-28.11-2 may appeal within thirty (30) days

following the dismissal to the superior court for the county in which city or town is located. Service

shall be made as in civil process. The court shall review the record of the public hearing pursuant

to § 42-35-15, and, if it appears that testimony is necessary for an equitable disposition of the

appeal, it may take evidence or appoint a master to take evidence as the court directs, and report

back to the court with the master's findings of fact. The report by the master shall constitute a part

of the proceedings upon which the determination of the court shall be made. The court, after a

hearing thereon, may affirm the action of the authority, or may vacate the dismissal if the court

finds that the authority acted illegally or arbitrarily, or in the abuse the authority's discretion, or

acted with bad faith, malice, or without just cause.

     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 STATE AFFAIRS AND GOVERNMENT--- RIGHTS AND PROTECTIONS

OF MUNICIPAL POLICE CHIEFS

***

     This act would provide protections to appointed police chiefs of cities and towns and

provides that they would be entitled to a hearing and due process before termination. It would also

provide for an appeal of an adverse decision under the administrative procedures act.

     This act would take effect upon passage.

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LC005722

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