(a)  Any firefighter or firefighters, 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 fire department of the city or town, which decision orders the removal of the person from membership in the fire department based on criminal charges, may present, to the superior court of the state of Rhode Island for the county in which the city or town is located, a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the decision of the department, board, or bureau.

Terms Used In Rhode Island General Laws 45-20-1

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

(b)  Upon the presentation of the petition, the court may allow a writ of certiorari directed to the department, board, or bureau to review its decision, and shall prescribe in the unit the time authorized which a return to the unit must be made, which shall be not less than twenty (20) days and may be extended by the court.

(c)  The allowance of the writ does not stay the effect of the decision.

History of Section.
P.L. 1948, ch. 2083, § 1; G.L. 1956, § 45-20-1; P.L. 1968, ch. 242, § 1; P.L. 2021, ch. 400, § 27, effective July 13, 2021; P.L. 2021, ch. 401, § 27, effective July 13, 2021.