2019 Rhode Island General Laws
Title 45 - Towns and Cities
Chapter 45-20 Appeals from Police and Fire Departments
Section 45-20-1.1 Petition for judicial review of disciplinary action against police officers.

§ 45-20-1.1. Petition for judicial review of disciplinary action against police officers.

(a) Any police officer or police officers, jointly or severally, aggrieved by any decision of the bureau of police and fire, or any similar department, board, or bureau of a city or town having control of the police department, or any other duly constituted authority within the police department of the city or town, which decision orders the dismissal, reduction in rank, suspension, fine, performance of extra hours of duty, loss of seniority rights, transfer with or without a reduction in pay, or reprimand, and the decision is based on charges involving moral turpitude or violation of departmental regulations, may appeal the decision to the superior court of the state of Rhode Island for the county in which the city or town is located; provided, that no appeal is allowed unless all administrative remedies available under the municipal charter have been exhausted; and, provided, further, that an appeal does not stay the operation of the decision. Upon appeal, the police officer or police officers are entitled to a trial de novo before a justice of the superior court without a jury.

(b) The superior court may uphold the decision, reverse the decision, restore the police officer to the officer's former rank, revoke the suspension, reduce the penalty, negate the transfer, or allow a transfer without loss of pay. If the decision is reversed or modified by the superior court, the police officer or police officers shall, to the extent that the decision is reversed or modified, be reimbursed monetarily or by compensatory time off for all loss of pay and/or extra duty hours performed.

History of Section.
(P.L. 1968, ch. 242, § 2.)