Ret. Bd. of Employees’ Ret. Sys. of City of Providence v. Corrente
Annotate this CaseFrank Corrente was employed by the City of Providence during two separate time periods. Following a federal investigation, Corrente was convicted of six felony counts stemming from his employment during the second time period. After a hearing conducted pursuant to the “Honorable Service Ordinance” (HSO) of the City of Providence Code of Ordinances, the Retirement Board of the Employees’ Retirement System of the City of Providence voted to reduce Corrente’s pension benefits. The Board then filed a civil action in the superior court requesting a confirmation of its decision. The mayor and the City of Providence were allowed to intervene. The superior court subsequently entered an order confirming the Board’s decision to reduce Corrente’s pension. The intervenors appealed. The Supreme Court vacated the judgment of the superior court, holding that because this case was brought pursuant to the HSO and was adjudicated in the superior court prior to the enactment of R.I. Gen Laws 36-10.1-5, which vests the superior court with jurisdiction to review pending proceedings under a municipal ordinance, the superior court lacked subject-matter jurisdiction and, therefore, the final judgment was void. Remanded.
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