Section 42-28.6-4 - [Effective 1/1/2025] 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 such action, the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he or she would have if he or she were not charged. Disciplinary action for violation(s) of departmental rules and/or regulations shall not be instituted against an accused law enforcement officer 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.
(b) Notice under this section shall be in writing and shall inform the law enforcement officer of the following: (i) The nature of the charge(s) against them and, if known, the date(s) of the alleged offense(s);(ii) The recommended penalty;(iii) The fact that the accused law enforcement officer has five (5) days from receipt of the notice within which to submit a written request for a hearing; and(iv) The name and address of the officer to whom a written request for a hearing (and other related written communications) should be addressed.(c) The accused law enforcement officer shall, within five (5) days of their receipt of notice given pursuant to subsection (b) herein, file a written request for hearing with the officer designated in accordance with subsection (b)(iv) of this section. Failure to file a written request for a hearing shall constitute a waiver of their 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. (d) Upon receipt of the notice requesting a hearing pursuant to the provisions of subsection (c) of this section, the police chief or highest ranking officer in the law enforcement agency shall, within five (5) days, notify the chief justice of the Rhode Island supreme court requesting that a retired justice or judge be assigned to serve as chairperson of the hearing committee defined in § 42-28.6-1. Within five (5) days of receipt of the request, the chief justice shall assign a retired justice or judge to serve as chairperson of the committee and an attorney to serve on the hearing committee consistent with the requirements set out in § 42-28.6-1.3.(e) The chairperson of the hearing committee shall, within five (5) days of appointment: (1) Request the Rhode Island police officers commission on standards and training to randomly select three (3) officers from the certified officer pool.(f) The chairperson of the hearing committee shall convene an initial meeting or hearing of the committee within thirty (30) days of chair's appointment pursuant to the provisions of this chapter.(g) 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 hereunder. (h) Whenever a law enforcement officer faces disciplinary action as a result of criminal charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the adjudication of said criminal charges. R.I. Gen. Laws § 42-28.6-4
Amended by 2024 Pub. Laws, ch. 69,§ 2, eff. 1/1/2025.Amended by 2024 Pub. Laws, ch. 70,§ 2, eff. 1/1/2025.G.L. 1956, § 42-28.6-4; P.L. 1976, ch. 186, §1; P.L. 1995 , ch. 19, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.