The first major overhaul of a controversial 48-year-old measure governing internal discipline of police in Rhode Island was signed into law Tuesday by Gov. Dan McKee.
The Law Enforcement Officers’ Bill of Rights — blamed by critics for inhibiting appropriate management of police who engage in misconduct — has defied changes for decades.
But the murder of George Floyd by Minneapolis police in 2020 changed the political dynamic and drove the issue onto the agenda of the General Assembly. Attempts to overhaul LEOBOR faltered in previous years, but gained momentum over time.
“Today’s bills answer the public’s call for greater transparency around potential police misconduct, while safeguarding officers’ rights to due process,” McKee said during a signing ceremony at the Statehouse. “By signing this legislation into law today, we have made sure that police chiefs are able to be more transparent with the public about misconduct investigations. It also makes sure that chiefs have the tools they need to ensure accountability within their departments.”
The new measure increases the size of panels that will review LEOBOR cases from three to five. It expands the ability of police chiefs to impose longer suspensions, without pay — up to five days for minor violations and up to 14 days for more serious ones, without triggering a LEOBOR hearing. It also enables chiefs to publicly discuss cases of misconduct by officers.
Critics like state Sens. Tiara Mack (D-Providence) and Jonathon Acosta (D-Central Falls) argued during a recent debate that the overhaul has a serious flaw: if an officer is found to have used lethal force in violation of departmental policy, it could still take years for that officer to lose their job.
House Speaker Joe Shekarchi conceded that not everyone loves the new law, but he called it a win for accountability and transparency and something the state can live with.
Asked about this, Shekarchi told The Public’s Radio, “Let’s not forget that LEOBOR is a civil matter and any policeman who used lethal force or broke the law would first have to be dealt with [by] the criminal prosecution. But we have something in this country called due process. Everyone is entitled to it. This bill is a significant improvement [compared] to where we are today.”
During his public remarks, Shekarchi noted how the late Dan Beardsley, longtime director of the Rhode Island League of Cities and Towns, once predicted LEOBOR would never be overhauled due to the influence of police unions on Smith Hill.
The legislature’s ability to pass the measure reflects compromise and a collaborative process involving advocates, police, past and present lawmakers and others.
Senate Judiciary Chairwoman Dawn Euer (D-Newport) said the support of Senate President Dominick Ruggerio, who sponsored the Senate version, was vital as that chamber passed the bill early in the legislative session.
“This legislation represents historic action on a major piece of unfinished business,” she said.
In the House, the bill was sponsored by Rep. Ray Hull (D-Providence), a police sergeant in Rhode Island’s largest city.
“When facing the polarization and cynicism that is currently plaguing our society, trust in law enforcement is even more crucial to preserve public safety and I believe this bill can restore that trust between the officers who selflessly protect all of us and the people that they serve,” Hull said.
The legislation was amended recently to make clear that body-cam footage of minor violations by police can be released through a public records request.
