LEBOR Flashcards
How many people are on a “Hearing Committee?”
3
How are the members chosen?
1 selected by Chief or highest ranking officer of agency
1 Selected by aggrieved party
Last member is selected by the other 2 members
How long do the other 2 members have to choose the 3rd member?
within 5 days
If unable to decide on a 3rd member, who decides?
Presiding Justice of Superior Court, upon application of either party
What must all members of the Hearing Committee be?
Active or retired LEO
Who is responsible for the legal fee of appointed council for the hearing committee?
each party is responsible for half, unless a motion is made by either party in which case the presiding justice decides how it is split
When should the investigations/interrogations occur?
at a reasonable hour, preferably when the LEO is on duty
Who can ask questions of the officer?
by only one interrogator
If the Officer is under arrest or likely tot be arrested, what shall happen?
Advised of their rights prior to commencement of interrogation
Is the suspected LEO allowed to have representation during interrogation?
yes
Can a public statement be made prior to the committee rendering a decision if the Officer is found innocent?
no, unless Officer requests a public statement or the Officer makes a public statement
If an Officer is accused of a criminal matter, what can publicly be released?
information pertaining to the criminal charges
the officers status of employment
identity of any administrative charges against officer as a result of the criminal charges
Can an officer be compelled to speak to a non-governmental agency?
no
What types punitive measures entitle an Officer to a Hearing committee?
demotion, transfer, loss of pay, re-assignment or similar action
What is the statute of limitations for violations of departmental rules and regulations?
3 years
How long after receiving a written notice of the complaint does an officer have to submit a written request for a hearing?
5 days
How long after submitting a request for a hearing does the aggrieved officer and the charging agency have to submit the name of the Officer they want to serve on the hearing committee?
5 days
When is the 3rd member chosen?
within 5 days of the charging agencies choice is submitted
Can an extension be granted for the third member to be chosen and if so, how long is that extension?
yes. not to exceed 30 days
If a judge chooses the 3rd party, where does that choice come from?
from 2 active lists;
- 1 submitted by the RI Police Chiefs association
- 1 submitted jointly by the FOP and IBPO
Which list does the judge choose from for the 3rd person on a committee hearing?
alternate between the lists
If an Officers is facing ___________ charges the provisions of the LEBOR shall be suspended until the adjudication of the charges
criminal
When shall a hearing committee commence?
within 30 days after selection of the committee Chairperson (3rd member)
When shall the hearing be complete
within 60 days of the commencement
When shall the committee render a decision?
within 30 days of the conclusion of the hearing
Who can extend the time limits of committee hearing for good cause?
Presiding justice
When shall the charging agency provide discovery?
not less than 10 days prior to the hearing date
When shall the LEO provide the charging agency with discovery?
not less than 5 days prior to the hearing date
Who pays for the stenogapher?
charging agency
What is the legal standard for conviction in a LEBOR hearing?
Preponderance of the evidence, with the burden being on the charging agency
What type of offenses can an Officer be suspended for 2 days or less?
minor violations
How are appeals of suspensions of 2 days or less handled?
through the grievance process
For an Officer being investigated for a felony, what type of suspension do they get and for how long?
Suspended with pay not to exceed 180 days
For an Officer being investigated for a misdemeanor, what type of suspension do they get and for how long?
Suspended with pay , not to exceed 30 days
If an Officer is charged with a misdemeanor, what type of suspension do they get for how long?
suspended with pay, not to exceed 180 days
If an Officer who is charged with a misdemeanor and the case is not disposed of within 180 days, what type of suspension do they get?
Suspended without pay and benefits (except medical, dental, disability and life insurance)
If case is not disposed of within 180 days and officer is suspended without pay, can he appeal?
yes. The appeal shall be granted if delay is not officers fault
If an Officer is investigated for a non-criminal matter, what type of suspension can they get and for how long?
suspended with pay not to exceed 15 days or time frame established by collective bargaining
If charged, indicted or informed of a felony; or convicted of and incarcerated for a misdemeanor, what type of suspension does an Officer get?
suspended without pay
If an officer is convicted or pleads guilty to a felony, what type of punishment can an officer get?
dismissal, pending exhaustion of appeals or conviction becomes final
remedies of this chapter shall be the ______ and _______ remedy for all LEO’s subject to the provisions of this chapter
sole and exclusive
