‘A long time coming’
By Christopher Shea, Rhode Island Current
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| Good cops should have no cause for concern |
After nearly two hours of debate and strong opposition from progressive lawmakers, the Rhode Island House of Representatives Thursday approved bills to reform the state law governing the process for investigating and disciplining police officers accused of misconduct.
The House voted 58-14 to pass a bill by Deputy Speaker Raymond Hull and 59-13 in favor of identical legislation sponsored by Senate President Dominick Ruggeiro that updates the controversial Law Enforcement Officers Bill of Rights (LEOBOR).
Adopted in 1976, LEOBOR protects police officers from being fired immediately or put on leave without pay when misconduct charges against them arise. The law has been greatly criticized by social justice advocates, who say it’s unfair for police to review internal misconduct.
Attempts to reform the law stalled in previous years due to disagreements over who would sit on an expanded five-member panel that rules on any disciplinary action. General Assembly leaders finally reached a compromise earlier this week.
“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,” Hull said in a statement Thursday.
Under the existing law, officers accused of misconduct appear before a panel made up of three active or retired police officers — with one picked by the chief, one by the officer under investigation, and a third chosen by both or a presiding Superior Court judge.
The hearing panel under Hull and Ruggerio’s legislation would still contain three officers, but they would instead be randomly chosen by the Police Officers Commission on Standards and Training. The panel would also include a retired judge and an attorney “selected in consultation with the Supreme Court’s committee on racial and ethnic fairness.”
The amended legislation also removes the prohibition preventing police chiefs from making public statements about cases that have not yet had a LEOBOR hearing or releasing video evidence.
Both bills allow police chiefs to suspend officers for a longer amount of time: five days for those accused of minor infractions and 14 days for those facing more serious complaints, such as excessive force or felonies. Suspension without pay is now two days before the right to a LEOBOR hearing kicks in.
House Judiciary Chairman Robert Craven, a North Kingstown Democrat, called the changes “a major improvement” to what’s on the books now.
“This legislation is born of collective, productive, researched compromise,” Craven said. “That’s the mission of this body — this House. I believe in my heart this is the answer to police misconduct.”
Progressive lawmakers lauded General Assembly leadership for the work it took to craft the legislation, but said they felt it did not go far enough.