Negotiations to reform Law Enforcement Officers Bill of Rights may be nearing finish line

PROVIDENCE — After running out of time at the end of the 2023 legislative session, legislative leaders from both chambers of the General Assembly vowed 2024 would be the year changes to Rhode Island’s controversial police officer protections would finally happen. 

The Senate wasted no time on its part, unanimously passing legislation sponsored by Senate President Dominick Ruggerio to reform the Law Enforcement Officers Bill of Rights (LEOBOR) at the end of January. Then the House version of LEOBOR reform sponsored by Deputy Speaker Raymond Hull, was heard by the chamber’s Judiciary Committee on Feb. 9 and held for further study — as is common practice when legislation is first introduced. But Hull’s bill has still yet to be scheduled for a vote.

It seemed like reform would have to wait another year. Not according to the Rhode Island League of Cities and Towns, which has made it one of its top legislative priorities.

The league’s president, North Providence Mayor Charles Lombardi, said Monday that LEOBOR reform could have saved his town the $130,000 in legal fees spent on the case of a police sergeant accused of 97 policy violations in 2022. A three-member hearing panel found the problem officer guilty of 79 of the 97 charges, but declined to terminate him. Instead, the officer was demoted to patrolman and ordered to serve a 45-day unpaid suspension.

“It’s like a fox watching the chicken coop,” he said.

Adopted in 1976, LEOBOR protects police officers from being fired immediately or put on leave without pay when misconduct charges against them arise. But the law has been greatly criticized by social justice advocates, who say it’s unfair for police to review internal misconduct.

“Hopefully everyone could agree and make a final decision based on the best interest of the taxpayers,” Lombardi said in an interview. “We need to make sure what happened to me doesn’t happen to other communities.”

Indeed, House Speaker K. Joseph Shekarchi confirmed Monday afternoon that attempts at reforming LEOBOR have not been abandoned.

“Meaningful LEOBOR reform is one of my priorities in this legislative session and we continue to work closely with the Senate and all interested parties in the hopes of meeting that goal in the coming weeks,” Shekarchi said in an emailed statement.

The big sticking point in all this: Who should sit on an expanded hearing panel that reviews complaints?

The House and Senate legislation both seek to increase the hearing panel from three to five members, but Hull’s proposal includes an attorney “selected in consultation with the Supreme Court’s committee on racial and ethnic fairness.” 

Under Ruggerio’s proposal, that seat would be filled by the executive director of the Providence-based Nonviolence Institute. Both hearing panels would consist of three police officers. That choice is opposed by law enforcement officials and unions, said Rhode Island Police Chiefs Association Executive Director Sidney Wordell.

“It isn’t responsible to anybody,” Wordell told reporters after a State House press conference outlining the legislative priorities of the Rhode Island League of Cities and Towns.

Another sticking point is whether LEOBOR proceedings should occur at the same time as any criminal investigation and/or prosecution. Under the existing law, police chiefs can delay hearings until after the criminal investigation or trial is concluded.

Members of the Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander Caucus, which consists of 21 legislators of color, argue that mandating LEOBOR hearings be held at the same time as an official investigation streamlines accountability. The caucus says doing this would allow problematic officers to be disciplined or terminated for misconduct regardless of any prosecution outcome.

The proposal has the support of 17 caucus members, co-chair Rep. Leonela Felix, a Pawtucket Democrat, told Rhode Island Current. 

‘Very close’

But Wordell said waiting until to hold a LEOBOR hearing can help bring new evidence that surfaced at trial which can in turn help police departments make a final termination decision.

“It’s unfortunate that it takes that long to sit, but I don’t think that’s in any way a reason for things to run concurrently,” he said.

Wordell declined to say what direction legislators are going in as they continue to negotiate, but said police chiefs have been provided regular input as negotiations continue.

“I think it’s very close,” he said. “I think the vast majority of everything that’s been proposed has been reasonably accepted on both sides.”

Senate Spokesperson Greg Pare said he also believes the General Assembly is close to reaching a consensus on what the final LEOBOR legislation will look like.

“That said, it would be premature to comment on what is being discussed at this point,” Pare said in an email.

Ernie Almonte, executive director of the Rhode Island League of Cities and Towns, was optimistic about the chances of a reform bill passing.

“We’re just trying to help push it over the line,” Almonte said at Monday’s press State House conference.