There shall be a department of police, the head of which shall be the Chief of Police, who shall be a police officer and shall have such experience as the Manager shall determine is required for the discharge of the Chief's duties. The Chief shall be appointed by the Town Manager and shall serve at the pleasure of the Manager. In addition to the Chief of Police there shall be such other number of subordinate officers and other personnel as shall from time to time be determined by the Council. The Chief of Police and subordinate officers and other personnel shall constitute the permanent police force of the Town.
[Amended 11-2-2004]
All police officers on the permanent police force, below the rank of Chief of Police, shall be appointed or promoted, as the case may be, by the Town Manager upon recommendation of the Chief provided they shall have satisfactorily passed such qualifying tests as the Town Manager shall have established from time to time. They shall hold their respective offices, during good behavior, until vacated by death, resignation or retirement, or until they shall be removed in the manner hereinafter set forth, provided nevertheless, that all members of the force shall, at the time of their permanent appointment, have served for a period of not less than twelve (12) months in a probationary status during which probationary period they may be removed at any time by the Town Manager upon recommendation of the Chief of Police, with or without cause.
The salaries of the Chief of Police and of all officers and other personnel, shall from time to time be fixed by the Council.
[1]
Editor's Note: Former Section 10-1-4, CONSTABLES, was repealed 11-3-2020.
All police officers, whether on the permanent police or appointed for occasional service and for limited term, shall have, and may exercise, the power and authority conferred upon police officers generally by law, but shall not be required to give bond except as hereinafter provided; nor shall they be authorized to serve process in civil actions. Every such officer in the due execution of the office may command all necessary aid and assistance in the execution of the office.
Except as otherwise provided by the laws of Rhode Island any member of the permanent police force of the Town, below the rank of Chief, may be removed for cause in the manner hereinafter set forth. The Town Manager shall cause to be delivered to the police officer a notice removing the officer from office as of a time specified therein, and thereupon the officer shall stand removed unless reinstated in the manner hereinafter provided. The notice of removal shall specify all charges against the officer which are relied upon as grounds for removal. Within ten (10) days of receipt of such notice, the officer so removed may file with the Town Clerk a written request answering the charges contained in the notice and requesting a public hearing before the Council. The Council shall within ten (10) days of receipt of any such request hold such public hearing and may adjourn the same from time to time until completed. The Council shall give notice to the officer of the time and place of the first of the hearings. The officer so removed shall have the right at the hearing to be represented by counsel and to compel the production of witnesses and documents in the officer's favor. Following any such hearing the Council shall, within ten (10) days of the conclusion thereof, file with the Town Clerk a written order approved by a majority of the members of the Council either sustaining, modifying or reversing the order of the Town Manager made in such case. The order may make specific findings as to the truth of such charges. All such orders shall be final and constitute a public record.
It shall be the duty of the Chief of Police to prepare rules and regulations for the conduct of all members of the department, including appropriate penalties for their violation which, when approved by the Council by resolution, shall have the force of law and shall be the basis for removals and other disciplinary action as provided therein. Changes in such rules and regulations shall be made from time to time in the same manner.
Except as otherwise provided by the laws of Rhode Island and except as may otherwise be provided in any collective bargaining agreement between the Town and the certified bargaining agent for the members of the permanent police force, the Town Manager shall have the power to reduce in rank or to suspend any member of the permanent police force, below the rank of Chief, for a period of not less than thirty (30) days for cause, provided, however, that in the case of any such suspension the same procedure shall be followed as in the case of removal of any member of the permanent police force. Any such suspension shall be subject in like manner to being sustained, modified or reversed by the Council in the manner herebefore provided in the case of removal of a permanent police officer. The Chief of Police may suspend any member of the permanent police force for any cause determined by the Council as constituting a ground for disciplinary action for any period not to exceed thirty (30) days or may fine any such officer by depriving the officer of pay not to exceed five hundred dollars ($500.) or may reprimand the officer. Any such officer so suspended or so fined shall have the right to be informed as to the cause for any such action and shall have the right to a private hearing before the Chief of Police who shall make a determination thereon within five (5) calendar days thereof. Any officer aggrieved by such determination may, within five (5) calendar days thereof appeal the same to the Town Manager who shall determine such appeal based on the written report of the Chief of Police, any written information submitted by the officer receiving such discipline and such hearing as the Town Manager shall deem appropriate. The decision of the Town Manager shall be final. In the event of any such suspension, the officer so suspended shall not be entitled to any pay during the period of suspension.
All police officers and constables who are not members of the permanent police force shall serve at the pleasure of the Chief of Police. The Chief of Police may remove or suspend any such police officer at will and there shall be no right of appeal from the action in such case.
The Chief of Police shall be required to give bond with corporate surety to the Town in the sum of five hundred dollars ($500.) conditioned upon the faithful performance of duty, and that the Chief will truly account for and pay over to the Town Treasurer all moneys and property to which the Town shall be entitled and which shall come into the Chief's possession in the discharge of official duties.
[Amended 11-4-2014]
The Council, notwithstanding any of the foregoing provisions, shall have the right to decrease the number of police officers on the permanent police force for the purpose of complying with and remaining within appropriations, currently available for the payment of salaries within the police department (whether or not there may be other funds available for such purpose), and for such other purpose as the Council shall deem to be in the best interest of the Town, and for these purposes shall without making any charges and without cause have the right to remove a police officer or officers who are members of the permanent police force.
No member of the Council and no member of the administrative departments of the Town shall interfere or attempt to interfere directly or indirectly with the performance of duties by the Chief of Police, provided nevertheless, that nothing herein shall be construed to prevent the Town Manager from exercising general supervision over the police department and its affairs or to prevent the Council from making any investigation of the department authorized by the provisions of this Charter.
[Amended 11-21-1994; 11-4-2014]
The Council shall provide fire protection and emergency medical services for the citizens of the Town and their property. Should the Council choose to continue in existence a permanent paid fire department, the provisions of sections 1 through 8 of this Chapter shall govern the operations thereof. The head of the department shall be the Fire Chief, who shall be appointed by the Town Manager and shall serve at the pleasure of the Town Manager. The Fire Chief shall possess such practical experience in the fields of fire fighting and fire prevention and shall have received such training either in a recognized fire fighting school, or shall have had such practical experience which is the equivalent thereof, and shall have such further qualifications as the Manager shall determine. In addition to the Fire Chief, there shall be such other members and employees of such ranks and grades, including volunteers and call fire fighters, as shall be determined by the Council upon recommendation of the Town Manager and the Fire Chief.
All full time members of the fire department below the rank of Fire Chief shall be appointed or promoted, as the case may be, by the Town Manager on the recommendation of the Fire Chief, provided they shall have satisfactorily passed such qualifying tests as the Council shall have established by resolution. They shall hold their respective offices during good behavior, until vacated by death, resignation or retirement, or until they shall be removed in the manner hereinafter set forth, provided nevertheless, that all members of the fire department shall, at the time of their permanent appointment, have served for a period of not less than twelve (12) months in a probationary status during which probationary period they may be removed at any time by the Town Manager upon recommendation of the Fire Chief, with or without cause.
The salaries of the Fire Chief and of all officers and members of the department shall from time to time be fixed by the Council.
Except as may otherwise be[1] provided by the laws of Rhode Island any officer or member of the permanent fire department below the rank of Fire Chief may be removed for cause in the same manner and with the same rights with respect to reinstatement and subject in all respects to the same procedure and rights as to notice and production of testimony as is provided with respect to the removal and reinstatement of members of the permanent police force of the Town, as provided in Section 10-1-6 of this Charter. All such Council orders shall otherwise be final and constitute a public record.
[1]
Editor's Note: "By" changed to "be."
It shall be the duty of the Fire Chief to prepare rules and regulations for the conduct of all members of the department, including appropriate penalties for their violation which, when approved by the Council by resolution, shall have the force of law and shall be the basis for removals and other disciplinary action as provided therein. Changes in such rules and regulations shall be made from time to time in the same manner.
Except as may otherwise be provided by the laws of Rhode Island and except as may otherwise be provided in any collective bargaining agreement between the Town and the certified collective bargaining agent for the members of the permanent fire department the Town Manager and the Fire Chief shall, in the case of officers and members of the permanent fire department, have the same powers in all respects as are granted to the Town Manager and the Chief of Police respectively in the case of members of the permanent police force with regard to suspension, reduction in rank and other disciplinary action and the exercise of such powers shall in all respects be subject to the procedures, rights of hearing, and rights to compel testimony as are provided in the case of suspension or discipline of members of the permanent police force as provided in Sections 10-1-7 and 10-1-8 of this Charter.
[Amended 11-4-2014]
The Council, notwithstanding any of the foregoing provisions, shall have the right to decrease the number of officers and firefighters in the permanent fire department for the purpose of complying with and remaining within appropriations, currently available for the payment of salaries within the fire department (whether or not there may be other funds available for such salaries), and for such other purposes as the Council shall deem to be in the best interest of the Town, and for these purposes shall, without making any charges and without cause, have the right to remove such personnel who are members of the permanent fire department.
All firefighters who are not members of the permanent fire department shall serve at the pleasure of the Fire Chief. The Fire Chief may remove or suspend any such firefighters at will, and there shall be no right of appeal from any action in such case.
[Added 11-21-1994]
Nothing herein contained shall be construed to prohibit the discontinuance by the Council of a permanent paid fire department if and at such time as the Council shall deem it in the best interests of the Town to utilize alternative means by which fire protection and related services can be provided.