§ 42-28.6-13 - Suspensions.
SECTION 42-28.6-13
§ 42-28.6-13 Suspensions. – (a) The provisions of this chapter are not intended to prohibit suspensions bythe chief or the highest ranking officer of the law enforcement agency.
(b) Summary punishment of two (2) days' suspension withoutpay may be imposed for minor violations of departmental rules and regulations.Appeals of suspension under this subsection shall be subject to the grievanceprovisions of any applicable collective bargaining agreement.
(c) Suspension may be imposed by the chief or the highestranking sworn officer of the law enforcement agency when the law enforcementofficer is under investigation for a criminal felony matter. Any suspensionshall consist of the law enforcement officer being relieved of duty, and he orshe shall receive all ordinary pay and benefits as he or she would receive ifhe or she were not suspended. Suspension under this subsection shall not exceedone hundred eighty (180) days.
(d) Suspension may be imposed by the chief or highest rankingsworn officer of the law enforcement agency when the law enforcement officer inunder investigation for a misdemeanor criminal matter. Any such suspensionshall consist of the law enforcement officer being relieved of duty, and he orshe shall receive all ordinary pay and benefits as he or she would receive ifhe or she were not suspended. Suspension under this subsection shall not exceedthirty (30) days; provided, however, that if an officer is charged with amisdemeanor offense the chief or highest ranking sworn officer of the lawenforcement agency may continue said suspension with pay up to a total of onehundred and eighty (180) days. If the disposition of the criminal matter doesnot take place within one hundred eighty (180) days of the commencement of suchsuspension, the law enforcement officer may be suspended without pay andbenefits; provided, however, that the officer's entitlement to such medicalinsurance, dental insurance, disability insurance and life insurance as isavailable to all other officers within the agency shall not be suspended. Thelaw enforcement officer may petition the presiding justice of the superiorcourt for a stay of the suspension without pay, and such stay shall be grantedupon a showing that said delay in the criminal disposition was outside the lawenforcement officer's control. In the event the law enforcement officer isacquitted of any misdemeanor related thereto, the officer shall be forthwithreinstated and reimbursed all salary and benefits that have not been paidduring the suspension period.
(e) Suspension may be imposed by the chief or highest rankingsworn officer of the law enforcement agency when the law enforcement officer isunder investigation for a noncriminal matter. Any such suspension shall consistof the law enforcement officer being relieved of duty, and he or she shallreceive all ordinary pay and benefits as he or she would receive if he or shewere not suspended. Suspension under this subsection shall not exceed fifteen(15) days or any other time frame established under the provisions of anyapplicable collective bargaining agreement.
(f) Suspension may be imposed by the chief or highest rankingsworn officer of the law enforcement agency upon receipt of notice ordisciplinary action in accordance with § 42-28.6-4(b) of this chapter inwhich termination or demotion is the recommended punishment. Any suchsuspension shall consist of the law enforcement officer being relieved of duty,and he or she shall receive all ordinary pay and benefits as he or she wouldreceive if he or she were not so suspended.
(g) Any law enforcement officer who is charged, indicted orinformed against for a felony or who is convicted of and incarcerated for amisdemeanor may be suspended without pay and benefits at the discretion of theagency or chief or highest ranking sworn officers; provided, however, that theofficer's entitlement to medical insurance, dental insurance, disabilityinsurance and life insurance as is available to all other officers within theagency shall not be suspended. In the event that the law enforcement officer isacquitted of any felony related thereto, the officer shall be reinstated andreimbursed forthwith for all salary and benefits that have not been paid duringthe suspension period.
(h) Any law enforcement officer who is convicted of a felonyshall, pending the prosecution of an appeal, be suspended without pay andbenefits; provided, however, that the officer's entitlement to such medicalinsurance, dental insurance, disability insurance and life insurance as isavailable to all other officers within the agency shall not be suspended.Whenever, upon appeal, such conviction is reversed, the suspension under thissubsection shall terminate and the law enforcement officer shall forthwith bepaid the salary and benefits that would have been paid to him or her duringthat period of suspension.
(i) Any law enforcement officer who pleads guilty or nocontest to a felony charge or whose conviction of a felony has, after or in theabsence of a timely appeal, become final may be dismissed by the lawenforcement agency and, in the event of such dismissal, other provisions ofthis chapter shall not apply.