270 R.I. Code R. 270-RICR-10-00-1.4

Current through November 7, 2024

Section 270-RICR-10-00-1.4 - Leadership

A. Mission Statement

The Rhode Island State Police is a full service, statewide law enforcement agency whose mission is to fulfill the law enforcement needs of the people with the highest degree of fairness, professionalism and integrity, and protect the inherent rights of the people to live their lives in freedom and safety. To this end, Division employees shall perform their respective patrol, investigative and support functions to the best of their ability and cooperate with other State agencies, as well as with local and Federal authorities.

1. Organizational Mission

The organizational mission of the Division is distributed among its patrol, investigative, and administrative components.

a. The patrol component provides basic protection for life and property, promotes highway safety, investigates criminal and noncriminal activities, provides commercial vehicle enforcement, gives assistance to local and other State agencies, maintains order at demonstrations and public events, and makes public service visits to schools and community groups.

b. The investigative component handles criminal investigations relating to all criminal violations of the Rhode Island General Laws and the processing of criminal suspects and crime scenes. This component also provides assistance to the State Attorney General's Office, and other State, local and Federal agencies conducting long-term investigations.

c. The administrative component provides support and training to ensure the efficient operation of the Division.

B Superintendent

1. R.I. Gen. Laws § 42-28-2 establishes and defines the Superintendent, as a qualified police administrator, who shall be appointed by the Governor of the State of Rhode Island and serve at his/her pleasure as the head of the Rhode Island State Police and Director of the Department of Public Safety.

2. The Superintendent shall hold the rank of Colonel and shall, when in uniform, wear the insignia of that rank.

3. The Superintendent is the head of the Rhode Island State Police with all powers, rights and duties prescribed by law. The Superintendent is responsible for the administration and discipline of the Division and is charged with and responsible for the enforcement and execution of all laws and Regulations of the force.

4. Subject to pertinent laws, these Regulations, and with the Governor's approval, the Superintendent has statutory authority to make Rules, Regulations and policies consistent with law, for the examination and qualifications of applicants for appointment to the Rhode Island State Police, and for the discipline, control and removal of members and employees. The Superintendent has authority to promulgate to the Division and all of its bureaus, sections or other units such orders or instructions, written or oral, which are consistent with the law, these regulations, or any orders or instructions of the Governor for the execution of the Rhode Island State Police mission.

C. Duties and Responsibilities of Superintendent

1. The Superintendent shall be personally and directly responsible to the Governor for the execution of the Rhode Island State Police mission and for the recruitment and selection, training, discipline, structure, efficiency and morale of the force. At the discretion of the Superintendent, the Governor shall be kept informed of all ongoing investigations.

2. The Superintendent shall promptly investigate, or cause to be investigated, any complaints or charges brought against the Division or any member or employee thereof.

3. The Superintendent shall appoint various members to serve on personnel evaluation boards, recruit screening boards, commendation boards, and disciplinary hearing boards as may be necessary.

4. The Superintendent may, at his/her discretion, suspend from duty any member for any violation of these Regulations or for any insubordination. In such an event, the Superintendent shall promptly proceed with the necessary disciplinary procedures as set in the Administration and Law Enforcement Operations Manual.

5. Consistent with the collective bargaining agreement, the Superintendent has the authority to assign, detail or transfer any member or employee to or from any unit or assignment.

6. The promotion of members is vested in the Superintendent, who shall ensure that only the best-qualified persons are promoted, and that character, ability, performance, aptitude and depth of experience will determine who is to be promoted.

D. Appointment and Removal of Members

1. In accordance with R.I. Gen. Laws § 42-28-10, the Superintendent shall appoint members of the Division for terms of three (3) years and may remove any member after a hearing consistent with these Rules and Regulations, and no member so removed shall be eligible for reappointment.

2. No person shall be eligible for appointment for the first (1st) time by the Superintendent unless that person is a citizen of the United States between the ages of eighteen (18) and thirty-five (35) years and shall have passed a physical and mental examination in accordance with the Rules of the Division and applicable provisions of law.

3. A hearing to remove a member under R.I. Gen. Laws § 42-28-10 is separate and apart from a non-reenlistment hearing as set forth in the collective bargaining agreement, a disciplinary hearing under the Law Enforcement Officers' Bill of Rights or involuntary retirement under R.I. Gen. Laws § 42-28-22. Nothing within these Rules preclude the Superintendent from concurrently seeking dismissal/termination of a member if the facts so warrant.

4. A hearing to remove a member under R.I. Gen. Laws § 42-28-10 is limited to removals based on non-disciplinary, non-work-related medical condition(s) rendering the member unable to return to work either full duty no restrictions or in an acceptable light duty assignment.

5. With the exception of a medical disability rendering a person unable to perform the essential job function of a trooper, the Superintendent shall not remove a member based on any other discriminatory purpose.

6. Notice to remove a member must satisfy minimum due process protections. The Superintendent shall provide the member with notice of the intent to remove the member, the general reasoning behind the intended removal, adequate notice of the date of the hearing and an opportunity for the member to be heard.

7. At the hearing, the member shall have the right to have counsel represent him/her.

8. The hearing may be conducted in any manner the Superintendent wishes. Although the rules of evidence do not apply, the Superintendent may accept evidence offered by the member.

9. The decision to remove a member rest solely with the Superintendent and is not subject to review by any other person or entity.

10. After the hearing is held, the Superintendent shall render a written decision.

E. Superior Officers

1. A superior officer who shall be the rank of corporal or higher, shall conduct personnel inspections at suitable intervals to determine that all assignments are performed as ordered; anticipated results are attained; Division resources are fully employed for the accomplishment of the police mission; and that any apparent needs or operational deficiencies of the Division are revealed.

2. A superior officer shall make an immediate, impartial report to his/her commanding officer relating any incident which he/she is aware of that involves a violation of the law or Division Regulation by any subordinate member or employee of the Division. He/She shall similarly bring to the attention of his/her commanding officer any complaint lodged against any member or employee by another person.

3. A superior officer shall make certain that subordinates observe Regulations, obey orders and properly execute the details, assignments and functions of the Rhode Island State Police, and otherwise maintain high standards of discipline.

4. A superior officer shall not abuse those under his/her command by disrespect for their dignity as human beings.

5. A superior officer shall inspire confidence and industriousness in his/her subordinates through tact in issuing orders and constructively correcting deficiencies in performance.

6. A superior officer shall avoid, as far as circumstances may permit, the censuring of a subordinate in the presence of others and he/she shall be fair and impersonal in evaluating the work of subordinates.

7. A superior officer shall be responsible for the development and maintenance of proper professional attitudes of his/her subordinates in their dealings with the public.

8. After the completion of his/her tour of duty, a superior officer shall report to his/her relief officer all the facts and conditions relative to ongoing investigations that may be necessary to ensure common understanding of police actions taken and those that remain for the relief section to appropriately handle.

9. Upon assignment, a superior officer shall assist, be present, or conduct shift briefings in accordance with specific orders of his/her commanding officer. A superior officer participating in shift briefing shall be held equally responsible with the superior officer calling the roll for the attendance of all subordinate members. He/She shall ensure the fitness for duty through inspection of uniforms, weapons and equipment. He/She shall be responsible for all special duty assignments, orders or special instructions necessary for the proper performance of the police mission.

10. In addition to the foregoing duties, a superior officer shall carry out all orders and directives issued to him/her on the authority of the Superintendent.

270 R.I. Code R. 270-RICR-10-00-1.4

Amended effective 3/12/2023