State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-28-6 > 42-28-6-1

SECTION 42-28.6-1

   § 42-28.6-1  Definitions – Payment oflegal fees. – As used in this chapter, the following words have the meanings indicated:

   (1) "Law enforcement officer" means any permanently employedcity or town police officer, state police officer, permanent law enforcementofficer of the department of environmental management, or those employees ofthe airport corporation of Rhode Island who have been granted the authority toarrest by the director of said corporation. However this shall not include thechief of police and/or the highest ranking sworn officer of any of thedepartments including the director and deputy director of the airportcorporation of Rhode Island.

   (2) "Hearing committee" means a committee which is authorizedto hold a hearing on a complaint against a law enforcement officer and whichconsists of three (3) active or retired law enforcement officers from withinthe state of Rhode Island, other than chiefs of police, who have had no part inthe investigation or interrogation of the law enforcement officer. Thecommittee shall be composed of three (3) members; one member selected by thechief or the highest ranking officer of the law enforcement agency, one memberselected by the aggrieved law enforcement officer and the third member shall beselected by the other two (2) members. In the event that the other two (2)members are unable to agree within five (5) days, then either member will makeapplication to the presiding justice of the superior court and the presidingjustice shall appoint the third member who shall be an active law enforcementofficer. Upon written application by a majority of the hearing committee, thepresiding justice, in his or her discretion, may also appoint legal counsel toassist the hearing committee.

   (ii) The law enforcement agency and the law enforcementofficer under investigation shall each be responsible to pay fifty percent(50%) of the legal fee of the appointed legal counsel for the hearingcommittee; provided, however, that on motion made by either party, thepresiding justice shall have the authority to make a different disposition asto what each party is required to pay toward the appointed legal counsel'slegal fee.

   (3) "Hearing" means any meeting in the course of aninvestigatory proceeding, other than an interrogation at which no testimony istaken under oath, conducted by a hearing committee for the purpose of taking oradducing testimony or receiving evidence.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-28-6 > 42-28-6-1

SECTION 42-28.6-1

   § 42-28.6-1  Definitions – Payment oflegal fees. – As used in this chapter, the following words have the meanings indicated:

   (1) "Law enforcement officer" means any permanently employedcity or town police officer, state police officer, permanent law enforcementofficer of the department of environmental management, or those employees ofthe airport corporation of Rhode Island who have been granted the authority toarrest by the director of said corporation. However this shall not include thechief of police and/or the highest ranking sworn officer of any of thedepartments including the director and deputy director of the airportcorporation of Rhode Island.

   (2) "Hearing committee" means a committee which is authorizedto hold a hearing on a complaint against a law enforcement officer and whichconsists of three (3) active or retired law enforcement officers from withinthe state of Rhode Island, other than chiefs of police, who have had no part inthe investigation or interrogation of the law enforcement officer. Thecommittee shall be composed of three (3) members; one member selected by thechief or the highest ranking officer of the law enforcement agency, one memberselected by the aggrieved law enforcement officer and the third member shall beselected by the other two (2) members. In the event that the other two (2)members are unable to agree within five (5) days, then either member will makeapplication to the presiding justice of the superior court and the presidingjustice shall appoint the third member who shall be an active law enforcementofficer. Upon written application by a majority of the hearing committee, thepresiding justice, in his or her discretion, may also appoint legal counsel toassist the hearing committee.

   (ii) The law enforcement agency and the law enforcementofficer under investigation shall each be responsible to pay fifty percent(50%) of the legal fee of the appointed legal counsel for the hearingcommittee; provided, however, that on motion made by either party, thepresiding justice shall have the authority to make a different disposition asto what each party is required to pay toward the appointed legal counsel'slegal fee.

   (3) "Hearing" means any meeting in the course of aninvestigatory proceeding, other than an interrogation at which no testimony istaken under oath, conducted by a hearing committee for the purpose of taking oradducing testimony or receiving evidence.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-28-6 > 42-28-6-1

SECTION 42-28.6-1

   § 42-28.6-1  Definitions – Payment oflegal fees. – As used in this chapter, the following words have the meanings indicated:

   (1) "Law enforcement officer" means any permanently employedcity or town police officer, state police officer, permanent law enforcementofficer of the department of environmental management, or those employees ofthe airport corporation of Rhode Island who have been granted the authority toarrest by the director of said corporation. However this shall not include thechief of police and/or the highest ranking sworn officer of any of thedepartments including the director and deputy director of the airportcorporation of Rhode Island.

   (2) "Hearing committee" means a committee which is authorizedto hold a hearing on a complaint against a law enforcement officer and whichconsists of three (3) active or retired law enforcement officers from withinthe state of Rhode Island, other than chiefs of police, who have had no part inthe investigation or interrogation of the law enforcement officer. Thecommittee shall be composed of three (3) members; one member selected by thechief or the highest ranking officer of the law enforcement agency, one memberselected by the aggrieved law enforcement officer and the third member shall beselected by the other two (2) members. In the event that the other two (2)members are unable to agree within five (5) days, then either member will makeapplication to the presiding justice of the superior court and the presidingjustice shall appoint the third member who shall be an active law enforcementofficer. Upon written application by a majority of the hearing committee, thepresiding justice, in his or her discretion, may also appoint legal counsel toassist the hearing committee.

   (ii) The law enforcement agency and the law enforcementofficer under investigation shall each be responsible to pay fifty percent(50%) of the legal fee of the appointed legal counsel for the hearingcommittee; provided, however, that on motion made by either party, thepresiding justice shall have the authority to make a different disposition asto what each party is required to pay toward the appointed legal counsel'slegal fee.

   (3) "Hearing" means any meeting in the course of aninvestigatory proceeding, other than an interrogation at which no testimony istaken under oath, conducted by a hearing committee for the purpose of taking oradducing testimony or receiving evidence.