House Judiciary Committee votes to send amended LEOBOR reform bill to floor

PROVIDENCE — After months of behind-the-scenes negotiations over how to reform the way Rhode Island’s police departments investigate and discipline officers accused of misconduct, legislative leaders have reached a compromise that will now head to the House floor.

The House Judiciary Committee Tuesday evening voted 12-4 to advance matching bills sponsored by Deputy House Speaker Raymond Hull and Senate President Dominick Ruggerio to reform the Law Enforcement Officers Bill of Rights (LEOBOR) to a full House vote on Thursday.

Under the law adopted in 1976, police officers accused of misconduct appear before a panel made up of three active or retired police officers — with one picked by the chief, one by the officer under investigation, and a third chosen by both or a presiding Superior Court judge — who rule on any disciplinary actions.

Calls for reform this legislative session had been slowed by disagreements over expanding the number of members who sit on the disciplinary panel to five. Both Hull and Ruggerio had proposed that three police officers and a retired judge would sit on the hearing panel. But the Senate’s initial legislation included a fifth seat that would be filled by the executive director of the Nonviolence Institute, a Providence advocacy nonprofit — a choice that was opposed by the Rhode Island Police Chiefs Association. 

The Senate bill was amended to drop that designation for the fifth seat and now aligns with Hull proposal for the fifth seat to be occupied by an attorney “selected in consultation with the Supreme Court’s committee on racial and ethnic fairness.”

Under the current law, police officers accused of misconduct can only be suspended without pay for two days before their right to a LEOBOR hearing kicks in. Both bills extend that suspension to five days without pay for officers accused of minor infractions and 14 days for those facing more serious complaints, such as excessive force or felonies. 

Both bills also repeal the “gag order” that prohibits police chiefs from making public statements about cases that have not yet had a LEOBOR hearing. 

“I am proud of the identical House and Senate LEOBOR bills,” House Speaker K. Joseph Shekarchi said in a statement Tuesday afternoon. “Both chambers have been working on this issue.”

Ruggerio also praised the efforts that led to this week’s compromise.

“Ever since our 2020 Senate commission on reforming the Law Enforcement Officers Bill of Rights completed its work, I have been committed to finding a way forward that improves accountability and transparency while recognizing the uniquely difficult job facing law enforcement officers who keep our communities safe,” he said in a statement.

Should Ruggerio’s companion bill clear the House on Thursday, it will likely go before the full Senate again some time next week, said chamber spokesperson Greg Paré.

“Since the legislation is very similar to the bill that already was heard by the committee and passed by the Senate in January, it is not required to be sent back to committee and can be sent directly to the floor calendar,” Paré said.

‘This bill may not satisfy everyone’

The Rhode Island League of Cities and Towns, which held a rally for LEBOR reform at the State House last week, submitted a letter of support to the House Judiciary Committee posted Tuesday afternoon. In it the league’s associate director, David Bodah, called the legislation “a significant step forward in addressing longstanding concerns within our law enforcement system.”

“We acknowledge that this bill may not satisfy everyone, but it is a step in the right direction for the State of Rhode Island,” Bodah wrote.

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

But Black Lives Matter Rhode Island PAC Director Harrison Tuttle wrote to the committee Tuesday that the proposed LEOBOR reform legislation falls short.

“BLM RI PAC strongly believes that, in line with the broader criminal justice reform efforts across the nation, police chiefs should have the authority to terminate officers when concerns about public safety arise,” he wrote.

Tuttle also took issue with the composition of LEOBOR hearing panels.

“Allowing law enforcement officials to discipline their peers perpetuates a lack of public trust,” he wrote. “While some argue that police can be trusted with this responsibility, historical disappointments in accountability for victims of police brutality prove otherwise.”

Also unsatisfied with the legislation: the State House’s progressive members, who feel the proposals don’t go far enough. Voting against advancing the bills Tuesday were Reps. Edith Ajello, José Batista, Cherie Cruz, and Leonela Felix.

Felix, a Pawtucket Democrat, expressed gratitude for the work that has been done so far on the legislation this year, but said she was disappointed the compromise fell short of meeting all  the demands made by legislators of color in March. 

The main demand missing, she said, is a provision that would mandate LEOBOR proceedings 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.

Felix told Rhode Island Current an investigation may be necessary for minor allegations, but not when it comes to offenses that result in serious harm or death such as the case of the murder of George Floyd in Minneapolis in 2020.

“If you or I violate our company policy or department policy, we get fired,” she said. “George Floyd should be the litmus when it comes to this.”

Senate spokesperson Paré said legislative leadership has “tremendous respect” for the caucus, but believed hearings running concurrently with official proceedings would be unconstitutional and could impact any criminal prosecution.

“We appreciate their advocacy and their sincere desire to improve accountability measures in this bill,” Paré said.

Felix didn’t buy that argument.

“According to all the attorneys we’ve talked to, it’s passed the constitutional muster,” she said.

But an internal memo from the Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander Caucus, which Felix co-chairs, suggests otherwise. Holding a LEOBOR hearing at the same time as criminal proceedings could violate an accused officer’s Fifth and 14th Amendment rights, the memo states. 

Felix said she plans to offer this provision as a floor amendment Thursday. 

Should the amendment be rejected, Felix said a majority of the 21-member caucus will vote against the bills. There had also been talk of  plans for legislators to walk out of their respective chambers, but Felix said caucus members felt that would not send a clear message to state leaders.

Still, if the LEOBOR bills do pass, Felix said it would be an incremental change.

“Compared to what we have, anything is progress,” she said.

Editor’s note: This story has been updated to include the May 7 memo from the Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander Caucus.