Legislative Theater: Senate Judiciary Committee passes LEOBOR reform bill
Sadly, all those who spent time testifying in last night’s committee were wasting their time. No words spoken in that room could have affected the outcome.
The Rhode Island Senate Judiciary Committee meeting on Tuesday evening was pure theater. Ostensibly the hearing was conducted to discuss the merits of a bill seeking to reform the Law Enforcement Officr's Bill of Rights [LEOBoR], but the ending of the hearing was never in doubt. The bill, identical to one passed by the Senate but rejected by the House last year, passed unanimously out of committee.
You can watch the hearing here:
Now that the General Assembly has decided to address the issue, the decision on LEOBOR comes down to two choices. LEOBOR can be repealed, or it can be tweaked. But if LEOBOR is tweaked, to what extent?
LEOBOR is a state law that gives law enforcement officers unique protections from being fired or disciplined. Only 15 states currently have some form of LEOBOR, and Rhode Island is the only New England state. Recently, Maryland, the first state to adopt such a bill of rights, repealed the law. Critics of the law point to high-profile cases where police officers have committed actions that in virtually any other profession would result in an immediate firing, yet police chiefs are unable to remove these officers from their ranks, often at great costs to the communities in terms of monetary settlements.
The bill passed by the Senate last night would amend the Law Enforcement Officers' Bill of Rights by:
Expanding the number of committee members to five, which would include a retired judge or justice, three law enforcement officers, and the executive director of the Nonviolence Institute. The retired judge or justice would serve as chairperson of the committee;
Requiring an administrative record of all hearings to be provided to the director of the Department of Public Safety and the Police Officers Commission on Standards and Training (POST). The POST would report suspension decisions, orders, or actions indicating guilt to the national decertification index maintained by the International Association of Directors of Law Enforcement Standards and Training;
Extending the period of summary punishment, that is the punishment a police chief can issue without invoking a formal LEOBOR hearing, from two days to up to 14 days; and,
Allowing police chief and municipal leaders to speak publicly about the charges being brought and the circumstances of current LEOBOR proceedings. It also allows for the release of video evidence. Current law gags officials from commenting publicly on LEOBOR cases.
“It's not just a Rhode Island issue, it's a nationwide issue,” said Harrison Tuttle, Executive Director of the Black Lives Matter Rhode Island PAC. “We continue to see police brutality. LEOBOR is a system that has been put in place to reflect accountability when officers do something wrong. But until we sit down and address why police officers, at a disproportionate rate, are continuing to arrest and sometimes hurt low-income, Black, and brown individuals, it doesn't matter how we shake out LEOBOR because, at the end of the day, the community is never going to buy into the process if they always feel like they're being targeted and that they don't have the information available to them when people in their community are affected by it.
“The things that bother me are the things that affect people in my community... when you have people like Jennifer Roarke [being punched]; a kid getting shot in the arm and then that officer gets to make deals while I have to listen to a crying mom and a kid who doesn't feel like he's welcome in this world, to officers like Sergeant Joseph Hanley who has been gaming the system for three years and still haven't received a LEOBOR trial. That's what bothers me.
“So any changes to LEOBoR, if it's not addressing the people that are most impacted by it, then it's just word salad. I don't want to be back here again having to deal with the same issues that we have [over] the last three years.”
Sadly, all those who spent time testifying in last night’s committee were wasting their time. No words spoken in that room could have affected the outcome. Three ex officio committee members, Senate President Dominick Ruggerio (Democrat, District 4, North Providence), Senate Majority Leader Ryan Pearson (Democrat, District 19, Cumberland), and Senate Minority Whip Valerie Lawson (Democrat, District 14, East Providence, Pawtucket) went so far as to skip the hearing altogether, entering the room as the evening's last speaker, Harrison Tuttle, was finishing his testimony. Even though they skipped all the testimony, they still cast votes in favor of the bill.
Senator Dawn Euer (Democrat, District 13, Newport, Jamestown), who chairs the Senate Judiciary Committee, ran the show with the appearance of fairness and interest in public comment, but it was quickly apparent, from the lack of interest being shown in the proceedings by the Senators in attendance, that committee members were less interested in asking questions or debating the merits of the bill than they were in getting out of the meeting and to the fundraiser/party being thrown for the Senate President across town. Not one Senator on the committee asked so much as one question of the people coming forward to testify.
Even a request from their fellow Senators was ignored by Committee members.
“It is usually an honor and sometimes a burden to be the Chair of the Rhode Island Black, Latino, Indigenous, Asian-American, and Pacific Islander Caucus,” said Senator Jonathan Acosta (Democrat, District 16, Central Falls), speaking to the committee. “And the reason why I say that is because I'm used to speaking quite forcefully and assertively, [but] today I have to present an ambiguous position on behalf of my colleagues.
“You may know that the caucus currently stands at 21 members - 14 in the House and seven in the Senate. We're about 18% of both chambers. We have not come to a consensus on this particular issue. While we take no stance on the bill in front of you today, what we do take a stance against is the status quo. We are not happy with the way that LEOBoR currently operates and every single member would like to see something change.
“The degree of that change is what we are currently debating. There are at least four bills at play, the one in front of you right now sponsored by our Senate President; a bill with full repeal sponsored by Senator Tiara Mack (Democrat, District 6, Providence); a bill that will be introduced this very afternoon by Representative Jose Batista (Democrat, District 12, Providence); and a potential fourth bill that has been floated by Representative Raymond Hull (Democrat, District 6, Providence).
“I want to give a shout-out to Joe Macino, our policy person here in the Senate, who is helping prepare a document that allows us, as a caucus, to compare and contrast what these bills do. The thing that the caucus demands, or would like to see, is a bill that addresses the structural bias introduced by the very composition of the board, something that has been mentioned here. It is probably no surprise that people in some ways, pun intended, are not great at policing themselves. The current composition of the board introduces that bias and the current version of the bill doesn't go quite far enough for many of my colleagues.
“The second thing we'd like to see is a bill that separates the kind of ticky-tacky allegations against members of law enforcement from the more egregious or serious concerns. Right now, those are all lumped into the same process. [It is believed that] the current bill [addresses some of] that [by] changing the suspension dates.
“Another thing we'd like to see is the formalization of a reporting structure, [as] has been mentioned here. That is to some degree incorporated in this bill, and we're watching what the other bills do.
“What I can say is that while the present bill does some of the things that the caucus would like to see, it doesn't do so necessarily to the degree that all the members would like to see... We'd like to see something done - we hope in the next few weeks - once we have time to study the other bills on the table to come out with a more formal position.”
The Senate Judiciary Committee decided not to delay the vote a few weeks so that the Black, Latino, Indigenous, Asian-American, and Pacific Islander Caucus could come up with a formal position. The only member of the Caucus, assigned to the Senate Judiciary Committee in Senator Ana Quezada (Democrat, District 2, Providence), who was not in attendance.
I asked Senator Euer why the committee could not delay the vote as Senator Acosta requested.
Steve Ahlquist: Senator Acosta asked for more time so his caucus could come to a consensus. Why was the bill passed tonight? You could have waited one or two weeks.
Senator Euer: Sure. This bill did pass the Senate last year and I think that sometimes you get to the point of analysis paralysis, especially when it's a high-profile issue and especially when it's a contentious issue. I think it's important to keep this conversation going, and I think moving that conversation through action, especially when we've already seen a solution that the vast majority of the Senate has been on the record in support of.
Steve Ahlquist: I also noticed that there wasn't a member of that caucus in the room tonight, voting on this bill.
Senator Euer: Correct.
Steve Ahlquist: So does that have any bearing on your thoughts as to whether or not it was appropriate to pass the bill tonight?
Senator Euer: I think there are members of the caucus who are co-sponsors of the bill. So I think, as with any deliberative body, we take a multitude of perspectives and while there may not be those members on the committee, they most certainly did weigh in on the legislation in multiple fashions.
Press release:
Representative Batista introduces comprehensive LEOBOR reform legislation
Bill would allow police chiefs to discipline misconduct immediately, convert existing panel to appeals board
Representative José Batista introduced legislation today proposing systemic changes to Rhode Island’s Law Enforcement Officer’s Bill of Rights (LEOBOR), the state statute that governs the process by which police officers are held accountable after alleged wrongdoing.
“I want to thank the community members, lawyers, experts and law enforcement professionals who have met with me over the past four years to lend their time, expertise and contribute to this bill. I’d also like to thank the 23 House co-sponsors who have signed on in support of this bill, representing a diverse collection of communities, experiences, socio-economic status and more. This legislation preserves police officers’ due process rights under labor law while also removing unnecessary layers of bureaucracy in order to uphold a culture of accountability,” said Representative Batista (Democrat, District 12, Providence).
Representative Batista’s proposed legislation would maintain all of the rights bestowed upon public employees by landmark U.S. Supreme Court cases such as Garrity v. New Jersey and Loudermill v. Cleveland Board of Education, the two cases from which the LEOBOR was born.
This legislation would expand transparency, ensure due process and accountability, and protect communities from heinous misconduct by permitting police chiefs to take immediate action to discipline offending officers—like former Pawtucket officer Daniel Dolan—from the force. Rather than allow the LEOBOR panel to interrupt, distract and delay the implementation of the chief’s recommended punishment, the panel would still be available to the accused police officer, but as an appeal board while the chief’s recommendation takes effect immediately. Representative Batista introduced identical legislation last year (2023-H 6200 [http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H6200.pdf]).
“As Rev. Dr. Martin Luther King wrote, ‘Justice delayed is justice denied.’ Again and again, the public sees abuse of power caught on camera, and the repercussions seldom match the seriousness of the offense," said Representative Batista. "Just in the past four years, we’ve seen the City of Providence shell out $11 million dollars as a direct result of undeterred police misconduct. Meanwhile, Woonsocket paid an officer $500,000 under current LEOBOR policy just last year and Pawtucket paid an officer $130,000 in back pay and a yet untold amount will likely be paid in that civil settlement. These are dollars that could and should be going to affordable housing, schools, hospitals and other critical services.
“I am ready and able to work with leaders from across the state to achieve the best reform possible. Let’s get this right the first time and ensure police departments have the tools required to promote a culture of transparency and accountability that improves outcomes and relationships with the communities the police serve.”
From a press release:
Senate passes reforms to Law Enforcement Officers’ Bill of Rights
The Rhode Island Senate voted 35 to 0 today to approve legislation that reforms the Law Enforcement Officers Bill of Rights.
The legislation, 2024-S-2096 [https://webserver.rilegislature.gov/BillText/BillText24/SenateText24/S2096.pdf], sponsored by President of the Senate Dominick Ruggerio, is similar to legislation the Senate passed late in the session last year. The bill is the culmination of years of study, collaboration and refinement. It reflects the recommendations of a 2020 Senate Commission that brought together stakeholders from all sides of the issue and voted overwhelmingly that LEOBOR should be maintained in statute but reformed.
“I am grateful to the many stakeholders from all sides of this issue who have worked over the past several years to develop and refine this legislation,” said President Ruggerio. “While there will be some who say this bill goes too far and others who say it doesn’t go far enough, I think the bill strikes a responsible balance that brings necessary and appropriate reforms to LEOBOR. Throughout this process, we who worked on it in the Senate sought to both recognize the unique and dangerous work of the dedicated law enforcement officers who keep our communities safe and to improve the tools available so that those who violate the public trust can be held accountable. I look forward to working with the House to enact this necessary reform.”
The legislation expands the panel that adjudicates offenses from three law enforcement officers to a five-member panel consisting of:
A- retired supreme, superior or district court judge appointed by the chief justice of the Supreme Court;
-The executive director of the Nonviolence Institute; and
-Three law enforcement officers selected at random from a pool of officers trained and certified in police discipline. No officer shall be selected if employed by the same department of the officer or charging law enforcement agency.
The legislation also increases the period of summary discipline – the period of unpaid suspension that can be levied without triggering the statutory protections of LEOBOR – from two to 14 work days.
The bill would also add additional transparency requirements into law, such as requiring public reports on LEOBOR cases.
“This bill is a product of compromise, and there are very divergent views about the best course forward,” noted President Ruggerio (Democrat, District 4, North Providence, Providence). “It is a reasonable, responsible compromise developed over the course of several years and consistent with the recommendations of the Senate study commission that intensively reviewed this issue.”
The legislation is co-sponsored by Senate Majority Leader Ryan W. Pearson (D – Dist. 19, Cumberland, Lincoln) and Senators Jonathon Acosta (D – Dist. 16, Central Falls, Pawtucket), Tiara Mack (D – Dist. 6, Providence), Hanna M. Gallo (D – Dist. 27, Cranston, West Warwick), David Tikoian (D – Dist. 22, Smithfield, North Providence, Lincoln), Matthew L. La Mountain (D – Dist. 31, Warwick, Cranston), Meghan E. Kallman (D – Dist. 15, Pawtucket), Sandra Cano (D – Dist. 8, Pawtucket), and Robert Britto (D – Dist. 18, East Providence, Pawtucket). It will now be sent to the House of Representatives for consideration.