(a)  Any police officer or police officers, jointly or severally, aggrieved by any decision of the bureau of police and fire, or any similar department, board, or bureau of a city or town having control of the police department, or any other duly constituted authority within the police department of the city or town, which decision orders the dismissal, reduction in rank, suspension, fine, performance of extra hours of duty, loss of seniority rights, transfer with or without a reduction in pay, or reprimand, and the decision is based on charges involving violation of departmental regulations, may appeal the decision to the superior court of the state of Rhode Island for the county in which the city or town is located; provided, that no appeal is allowed unless all administrative remedies available under the municipal charter have been exhausted; and, provided, further, that an appeal does not stay the operation of the decision. Upon appeal, the police officer or police officers are entitled to a trial de novo before a justice of the superior court without a jury.

Terms Used In Rhode Island General Laws 45-20-1.1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

(b)  The superior court may uphold the decision, reverse the decision, restore the police officer to the officer’s former rank, revoke the suspension, reduce the penalty, negate the transfer, or allow a transfer without loss of pay. If the decision is reversed or modified by the superior court, the police officer or police officers shall, to the extent that the decision is reversed or modified, be reimbursed monetarily or by compensatory time off for all loss of pay and/or extra duty hours performed.

History of Section.
P.L. 1968, ch. 242, § 2; P.L. 2021, ch. 400, § 27, effective July 13, 2021; P.L. 2021, ch. 401, § 27, effective July 13, 2021.