§ 42-28.6-1. Definitions — Payment of legal fees. As used in this chapter, the following words have the meanings indicated: (1) “Law enforcement officer” means any permanently employed city or town police officer, state police officer, permanent law enforcement officer of the department of environmental management, or those employees of the airport corporation of Rhode […]
§ 42-28.6-10. 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. History of Section.G.L. 1956, § 42-28.6-10; P.L. 1976, ch. 186, § 1.
§ 42-28.6-11. 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 investigating authority, as provided in § 42-28.6-4. (b) Any decision, order, or action taken as a result of the hearing shall be in writing and shall […]
§ 42-28.6-12. 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 […]
§ 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 […]
§ 42-28.6-14. Retaliation for exercising rights. (a) No law enforcement officer shall be discharged, demoted, disciplined, or denied promotion, transfer or reassignment, or otherwise discriminated against in regard to his or her employment or be threatened with any such treatment, by reason of his or her exercise of or demand for rights granted in this […]
§ 42-28.6-15. Exclusivity of remedy. The remedies contained herein shall be the sole and exclusive remedies for all law enforcement officers subject to the provisions of this chapter. History of Section.G.L. 1956, § 42-28.6-15; P.L. 1976, ch. 186, § 1.
§ 42-28.6-16. Immunity of hearing committee members. No member of a hearing committee constituted in accordance with the provisions of this chapter shall be held civilly liable for any breach of his or her duties as such member, provided that nothing herein shall eliminate or limit the liability of a qualified member: (1) For acts […]
§ 42-28.6-17. 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 law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the […]
§ 42-28.6-2. Conduct of investigation. Whenever a law enforcement officer is under investigation or subjected to interrogation by a law enforcement agency, 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 […]
§ 42-28.6-3. Disclosure of personal information. No law enforcement officer 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 his or her family or household) unless that information is necessary in investigating a […]
§ 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing committee. (a) If the investigation or interrogation of a law enforcement officer results in the recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measure, then, before taking […]
§ 42-28.6-5. Conduct of hearing. (a) The hearing shall be conducted by the hearing committee selected in accordance with § 42-28.6-4 of this chapter. Both the law enforcement agency and the law enforcement officer shall be given ample opportunity to present evidence and argument with respect to the issues involved. Both may be represented by […]
§ 42-28.6-6. 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 […]
§ 42-28.6-7. Subpoena — Oath — Production of documents. With respect to the subject of any investigation or hearing conducted pursuant to this section, 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, papers, contracts, and other […]
§ 42-28.6-8. Witness fees. Witness fees and mileage, if claimed, shall be allowed the same 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 officer is […]
§ 42-28.6-9. Cross-examination and rebuttal. Every party has the right of cross-examination of the witnesses who testify, and may submit rebuttal evidence. History of Section.G.L. 1956, § 42-28.6-9; P.L. 1976, ch. 186, § 1.
