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Law Enforcement Bill Of Rights > LEBOR > Flashcards

LEBOR Flashcards

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1
Q

How many people are on a “Hearing Committee?”

A

3

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2
Q

How are the members chosen?

A

1 selected by Chief or highest ranking officer of agency
1 Selected by aggrieved party
Last member is selected by the other 2 members

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3
Q

How long do the other 2 members have to choose the 3rd member?

A

within 5 days

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4
Q

If unable to decide on a 3rd member, who decides?

A

Presiding Justice of Superior Court, upon application of either party

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5
Q

What must all members of the Hearing Committee be?

A

Active or retired LEO

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6
Q

Who is responsible for the legal fee of appointed council for the hearing committee?

A

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

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7
Q

When should the investigations/interrogations occur?

A

at a reasonable hour, preferably when the LEO is on duty

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8
Q

Who can ask questions of the officer?

A

by only one interrogator

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9
Q

If the Officer is under arrest or likely tot be arrested, what shall happen?

A

Advised of their rights prior to commencement of interrogation

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10
Q

Is the suspected LEO allowed to have representation during interrogation?

A

yes

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11
Q

Can a public statement be made prior to the committee rendering a decision if the Officer is found innocent?

A

no, unless Officer requests a public statement or the Officer makes a public statement

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12
Q

If an Officer is accused of a criminal matter, what can publicly be released?

A

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

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13
Q

Can an officer be compelled to speak to a non-governmental agency?

A

no

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14
Q

What types punitive measures entitle an Officer to a Hearing committee?

A

demotion, transfer, loss of pay, re-assignment or similar action

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15
Q

What is the statute of limitations for violations of departmental rules and regulations?

A

3 years

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16
Q

How long after receiving a written notice of the complaint does an officer have to submit a written request for a hearing?

A

5 days

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17
Q

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?

A

5 days

18
Q

When is the 3rd member chosen?

A

within 5 days of the charging agencies choice is submitted

19
Q

Can an extension be granted for the third member to be chosen and if so, how long is that extension?

A

yes. not to exceed 30 days

20
Q

If a judge chooses the 3rd party, where does that choice come from?

A

from 2 active lists;

  • 1 submitted by the RI Police Chiefs association
  • 1 submitted jointly by the FOP and IBPO
21
Q

Which list does the judge choose from for the 3rd person on a committee hearing?

A

alternate between the lists

22
Q

If an Officers is facing ___________ charges the provisions of the LEBOR shall be suspended until the adjudication of the charges

A

criminal

23
Q

When shall a hearing committee commence?

A

within 30 days after selection of the committee Chairperson (3rd member)

24
Q

When shall the hearing be complete

A

within 60 days of the commencement

25
Q

When shall the committee render a decision?

A

within 30 days of the conclusion of the hearing

26
Q

Who can extend the time limits of committee hearing for good cause?

A

Presiding justice

27
Q

When shall the charging agency provide discovery?

A

not less than 10 days prior to the hearing date

28
Q

When shall the LEO provide the charging agency with discovery?

A

not less than 5 days prior to the hearing date

29
Q

Who pays for the stenogapher?

A

charging agency

30
Q

What is the legal standard for conviction in a LEBOR hearing?

A

Preponderance of the evidence, with the burden being on the charging agency

31
Q

What type of offenses can an Officer be suspended for 2 days or less?

A

minor violations

32
Q

How are appeals of suspensions of 2 days or less handled?

A

through the grievance process

33
Q

For an Officer being investigated for a felony, what type of suspension do they get and for how long?

A

Suspended with pay not to exceed 180 days

34
Q

For an Officer being investigated for a misdemeanor, what type of suspension do they get and for how long?

A

Suspended with pay , not to exceed 30 days

35
Q

If an Officer is charged with a misdemeanor, what type of suspension do they get for how long?

A

suspended with pay, not to exceed 180 days

36
Q

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?

A

Suspended without pay and benefits (except medical, dental, disability and life insurance)

37
Q

If case is not disposed of within 180 days and officer is suspended without pay, can he appeal?

A

yes. The appeal shall be granted if delay is not officers fault

38
Q

If an Officer is investigated for a non-criminal matter, what type of suspension can they get and for how long?

A

suspended with pay not to exceed 15 days or time frame established by collective bargaining

39
Q

If charged, indicted or informed of a felony; or convicted of and incarcerated for a misdemeanor, what type of suspension does an Officer get?

A

suspended without pay

40
Q

If an officer is convicted or pleads guilty to a felony, what type of punishment can an officer get?

A

dismissal, pending exhaustion of appeals or conviction becomes final

41
Q

remedies of this chapter shall be the ______ and _______ remedy for all LEO’s subject to the provisions of this chapter

A

sole and exclusive

Law Enforcement Bill Of Rights (1 decks)

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