Bargaining in Blue: May 2024
Bargaining in Blue, a monthly newsletter from Ballotpedia, provides news and information on police collective bargaining agreements (CBAs), including the latest news, policy debates, and insights from Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population.
In this month’s edition of Bargaining in Blue, we review bills in Rhode Island aimed at amending the state’s Law Enforcement Officer Bill of Rights (LEOBOR); scholarly arguments related to LEOBORs; and insights on the topic from Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population.
In this edition:
- On the beat: Rhode Island House of Representatives advances bills to amend Law Enforcement Officer Bill of Rights (LEOBOR)
- Around the table: Related arguments from the negotiating table, scholars, and the media on LEOBORs
- Insights: A closer look at LEOBORs and key takeaways from Ballotpedia’s analysis
On the beat
Rhode Island House of Representatives advances bills to amend LEOBOR
The Rhode Island House of Representatives on May 9, 2024, voted 58-14 with bipartisan support to pass two bills aimed at amending the state’s Law Enforcement Officer Bill of Rights (LEOBOR).
LEOBORs are a set of legal provisions that establish the due process rights of police officers during internal misconduct investigations. LEOBORs are enacted as state-level laws and extend certain protections to law enforcement officers working in the state. Some states grant rights to officers through LEOBORs that “are supplementary to rights granted by collective bargaining agreements,” according to the National Conference of State Legislatures.
The Rhode Island bills, sponsored by Representative Raymond Hull (D) and Senate President Dominick Ruggerio (D), propose amendments to the structure and appointment of members of the LEOBOR hearing panel by adding two additional members, increasing the panel to the following five members: three police officers selected by the state’s Police Officers Commission on Standards and Training (POST), a retired judge, and an attorney appointed by the state Supreme Court’s committee on racial and ethnic fairness. The bills also propose allowing police chiefs to make public statements regarding investigations of misconduct before a LEOBOR hearing has been held. Further provisions of the bills aim to allow officers accused of misconduct to be suspended for longer periods.
Bradford Connor, Warwick Police Chief and president of the Rhode Island Police Chiefs Association, expressed support for the bills, stating, “We welcome increased transparency because it will help us gain trust with the communities we serve. We are grateful to our legislative leaders for making meaningful and needed changes to the law,” according to ABC6.com.
Some lawmakers argued that the bills would not do enough to hold officers accountable. State Representative David Morales (D) argued, “Within this bill we are still allowing for those special privileges that an officer can exercise in regards to avoiding accountability,” according to The Rhode Island Current.
The bills moved to the Senate on May 9 for consideration.
Want to go deeper?
- Police hiring, training, and disciplinary requirements by state and city
- Ballotpedia’s Police Collective Bargaining Agreements Dashboard
- Rhode Island House of Representatives
- Police Officer Standards and Training
Around the table
Arguments about LEOBORs
Everytown, a nationwide organization aimed at preventing gun violence in U.S. communities, conducts independent research in an effort to establish evidence-based policies for public use. Everytown wrote about states that have rejected LEOBORs in a 2024 article on gun laws:
"Most states have rejected the Law Enforcement Officers Bill of Rights, a dangerous legislative shield against police accountability. This policy frustrates prompt investigation and resolution of police misconduct allegations, often delaying officer interrogation or raising the standard for complaints. The policy often includes provisions that prevent police departments from disciplining or firing problematic officers and prohibit the disclosure of personnel records."
Patrick Yoes, the national president of the Fraternal Order of Police, wrote a letter in 2023 to express support for a bill introduced by Congressman Anthony D’Esposito (R-N.Y.) aiming to establish uniform federal standards for law enforcement officer bills of rights:
"Law enforcement officers have one of the toughest and most dangerous jobs in the nation. They are charged with keeping our streets and neighborhoods safe from crime. Because of this enormous responsibility, law enforcement officers are held to a much higher standard of personal and professional conduct than most other professions – as they should be.
As a result, while law enforcement officers are often subjected to false accusations of misconduct, they are not always afforded due process rights during these investigations. The resolution lays out several rights law enforcement officers should be afforded, including the right to counsel and a union representative, the right to a hearing, and the right to be informed of the nature of any investigation."
Insights
Rhode Island Law Enforcement Officer Bill of Rights
The Rhode Island Law Enforcement Officer Bill of Rights, R.I. Gen. Laws § 42-28.6, includes due process protections for police officers related to misconduct investigations, hearings, appeals, and discipline, among other topics.
R.I. Gen. Laws § 42-28.6-4 states the following provisions related to a law enforcement officer's right to a hearing when accused of misconduct:
(a) If the investigation or interrogation of a law enforcement officer results in the recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measure, then, before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he or she would have if he or she were not charged.
Disciplinary action for violation(s) of departmental rules and/or regulations shall not be instituted against a law enforcement officer under this chapter more than three (3) years after such incident, except where such incident involves a potential criminal offense, in which case disciplinary action under this chapter may be instituted at any time within the statutory period of limitations for such offense.
The proposed bills, which passed the Rhode Island House of Representatives on May 9, 2024, aim to amend several provisions of the statutes. The bills also propose to amend the title of the chapter from the Law Enforcement Officers’ Bill of Rights to the Law Enforcement Officers’ Due Process, Accountability, and Transparency Act.
Key takeaways on LEOBORs
Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population featured the following information about LEOBORs, as of December 2023:
- There are 22 states that have a police bill of rights:
- There are 18 states that have statutes outlining rights for law enforcement officers under investigation, which may include the right to a hearing, notice, or other procedural provisions
- There are nine states that have statutes outlining due process protections for law enforcement officers related to disciplinary procedures
- There are 28 states that do not have a police bill of rights
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