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.
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.”
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.
Deputy Speaker Raymond Hull has introduced the Law Enforcement Officers’ Due Process, Accountability and Transparency Act (2024-H 7263 [https://webserver.rilegislature.gov/BillText/BillText24/HouseText24/H7263.pdf]) which will bring significant and long-overdue reforms to the Law Enforcement Officers’ Bill of Rights (LEOBOR).
Deputy Speaker Hull is currently the commanding officer of the Housing Unit in the Providence Police Department, where he has served for 35 years.
“Reform to LEOBOR has been a long time coming and this legislation will not only deliver transparency and accountability to the public, but it will also help police departments across the state root out misconduct in a fair and just way,” said Deputy Speaker Hull (D-Dist. 6, Providence, North Providence). "When facing the polarization and cynicism that is currently plaguing our society, trust in law enforcement is even more crucial to preserve public safety and I believe this bill can restore that trust between the officers who selflessly protect all of us and the people that they serve."
Adopted in Rhode Island in 1976, the LEOBOR protects officers accused of misconduct, preventing them from being immediately fired or put on leave without pay, and allowing their continued employment to be decided by a three-person panel of other police officers.
The legislation would establish a five-member hearing committee consisting of three qualified and randomly selected law enforcement officers, a retired judge, and an attorney selected in consultation with the Supreme Court's Committee on Racial and Ethnic Fairness and the Rhode Island Bar Association's Task Force on Diversity and Inclusion. It would establish a two-tier summary suspension structure ranging from a five to 14-day summary suspension and allow a police chief to make public statements and release video evidence in any instance other than summary suspensions imposed under tier one for minor infractions.
This act would take effect on Jan. 1, 2025, and it has been referred to the House Judiciary Committee.
it is almost always that way at the legislature, the testimony that counts is often behind the scenes by well connected lobbyists and donors. Official public comment counts much less, especially when a bill is sponsored by the leader of the chamber. But sometimes persistence pays off, and even influences the leaders (same sex marriage for example) maybe that will happen this time, I hope so
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.
Press release:
Deputy Speaker Hull introduces LEOBOR reform bill
Deputy Speaker Raymond Hull has introduced the Law Enforcement Officers’ Due Process, Accountability and Transparency Act (2024-H 7263 [https://webserver.rilegislature.gov/BillText/BillText24/HouseText24/H7263.pdf]) which will bring significant and long-overdue reforms to the Law Enforcement Officers’ Bill of Rights (LEOBOR).
Deputy Speaker Hull is currently the commanding officer of the Housing Unit in the Providence Police Department, where he has served for 35 years.
“Reform to LEOBOR has been a long time coming and this legislation will not only deliver transparency and accountability to the public, but it will also help police departments across the state root out misconduct in a fair and just way,” said Deputy Speaker Hull (D-Dist. 6, Providence, North Providence). "When facing the polarization and cynicism that is currently plaguing our society, trust in law enforcement is even more crucial to preserve public safety and I believe this bill can restore that trust between the officers who selflessly protect all of us and the people that they serve."
Adopted in Rhode Island in 1976, the LEOBOR protects officers accused of misconduct, preventing them from being immediately fired or put on leave without pay, and allowing their continued employment to be decided by a three-person panel of other police officers.
The legislation would establish a five-member hearing committee consisting of three qualified and randomly selected law enforcement officers, a retired judge, and an attorney selected in consultation with the Supreme Court's Committee on Racial and Ethnic Fairness and the Rhode Island Bar Association's Task Force on Diversity and Inclusion. It would establish a two-tier summary suspension structure ranging from a five to 14-day summary suspension and allow a police chief to make public statements and release video evidence in any instance other than summary suspensions imposed under tier one for minor infractions.
This act would take effect on Jan. 1, 2025, and it has been referred to the House Judiciary Committee.
it is almost always that way at the legislature, the testimony that counts is often behind the scenes by well connected lobbyists and donors. Official public comment counts much less, especially when a bill is sponsored by the leader of the chamber. But sometimes persistence pays off, and even influences the leaders (same sex marriage for example) maybe that will happen this time, I hope so