§ 42-28.6-4 - Right to hearing – Notice request for hearing – Selection of hearing committee.
SECTION 42-28.6-4
§ 42-28.6-4 Right to hearing – Noticerequest for hearing – Selection of hearing committee. – (a) If the investigation or interrogation of a law enforcement officer resultsin the recommendation of some action, such as demotion, transfer, dismissal,loss of pay, reassignment, or similar action which would be considered apunitive measure, then, before taking such action, the law enforcement agencyshall give notice to the law enforcement officer that he or she is entitled toa hearing on the issues by a hearing committee. The law enforcement officer maybe relieved of duty subject to § 42-28.6-13 of this chapter, and shallreceive all ordinary pay and benefits as he or she would have if he or she werenot charged.
Disciplinary action for violation(s) of departmental rulesand/or regulations shall not be instituted against a law enforcement officerunder this chapter more than three (3) years after such incident, except wheresuch incident involves a potential criminal offense, in which case disciplinaryaction under this chapter may be instituted at any time within the statutoryperiod of limitations for such offense.
(b) Notice under this section shall be in writing and shallinform the law enforcement officer of the following:
(i) The nature of the charge(s) against him or her and, ifknown, the date(s) of the alleged offense(s);
(ii) The recommended penalty;
(iii) The fact that he or she has five (5) days from receiptof the notice within which to submit a written request for a hearing; and
(iv) The name and address of the officer to whom a writtenrequest for a hearing (and other related written communications) should beaddressed.
(c) The law enforcement officer shall, within five (5) daysof his or her receipt of notice given pursuant to subsection (b) herein, file awritten request for hearing with the officer designated in accordance withsubdivision (b)(iv). Failure to file a written request for a hearing shallconstitute a waiver of his or her right to a hearing under this chapter;provided, however, that the presiding justice of the superior court, uponpetition and for good cause shown, may permit the filing of an untimely requestfor hearing.
(d) The law enforcement officer shall provide the charginglaw enforcement agency with the name of one active or retired law enforcementofficer to serve on the hearing committee, within five (5) days of the filingof his or her request for a hearing. Failure by the law enforcement officer tofile his or her filing committee selection within the time period shallconstitute a waiver of his or her right to a hearing under this chapter;provided, however, that the presiding justice of the superior court, uponpetition and for good cause shown, may permit the filing of an untimely hearingcommittee selection by the officer. The charging law enforcement agency mayimpose the recommended penalty during the pendency of any such petition.
(e) The charging law enforcement agency shall provide the lawenforcement officer with the name of one active or retired law enforcementofficer to serve on the hearing committee, within five (5) days of its receiptof the officer's request for a hearing. Failure by the charging law enforcementagency to file its hearing committee selection within that time period shallconstitute a dismissal of all charges against the law enforcement officer, withprejudice; provided, however, that the presiding justice of the superior court,upon petition and for good cause shown, and permit the filing of an untimelyhearing committee selection by the agency. Except as expressly provided in§ 42-28.6-13 of this chapter, no disciplinary action shall be takenagainst the officer by virtue of the stated charges during the pendency of anysuch petition.
(f) Within five (5) days of the charging law enforcementagency's selection of a hearing committee member, the hearing committee membersselected by the officer and by the agency shall:
(i) Jointly select a third hearing committee member, whoshall serve as chairperson of the hearing committee;
(ii) Petition the presiding justice of the superior court toselect a third hearing committee member, who shall be an active law enforcementofficer, and who shall serve as chairperson of the hearing committee; or
(iii) Agree to an extension of time, not to exceed thirty(30) days, for the selection of a third hearing committee member.
(g) Law enforcement officers selected to serve on a hearingcommittee under this chapter shall be relieved of duty for each day of actualhearing and shall be compensated by their respective agencies at their ordinarydaily rate of pay for each day actually spent in the conduct of the hearinghereunder.
(h) Two (2) lists of active police officers available toserve as chairpersons of hearing committees under this chapter shall beprovided annually to the presiding justice of the superior court. One listshall be provided by the Rhode Island Police Chiefs' Association; the othershall be appointed, jointly, by the Fraternal Order of Police and theInternational Brotherhood of Police Officers. In selecting officers to serve aschairpersons of hearing committees under this chapter, the presiding justiceshall alternate between the two (2) lists so provided.
(i) Whenever a law enforcement officer faces disciplinaryaction as a result of criminal charges, the provisions of subsections (c), (d),(e) and (f) shall be suspended pending the adjudication of said criminalcharges.