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

SECTION 45-20-1.1

   § 45-20-1.1  Petition for judicial reviewof disciplinary action against police officers. – (a) Any police officer or police officers, jointly or severally, aggrieved byany 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, orany other duly constituted authority within the police department of the cityor town, which decision orders the dismissal, reduction in rank, suspension,fine, performance of extra hours of duty, loss of seniority rights, transferwith or without a reduction in pay, or reprimand, and the decision is based oncharges involving moral turpitude or violation of departmental regulations, mayappeal the decision to the superior court of the state of Rhode Island for thecounty in which the city or town is located; provided, that no appeal isallowed unless all administrative remedies available under the municipalcharter have been exhausted; and, provided, further, that an appeal does notstay the operation of the decision. Upon appeal, the police officer or policeofficers are entitled to a trial de novo before a justice of the superior courtwithout a jury.

   (b) The superior court may uphold the decision, reverse thedecision, restore the police officer to the officer's former rank, revoke thesuspension, reduce the penalty, negate the transfer, or allow a transferwithout loss of pay. If the decision is reversed or modified by the superiorcourt, the police officer or police officers shall, to the extent that thedecision is reversed or modified, be reimbursed monetarily or by compensatorytime off for all loss of pay and/or extra duty hours performed.