The text
Footnotes:
--- (1) --- Charter reference— Police department organization, §§ 15.06—15.10.
Cross reference— Administration, ch. 2; courts, ch. 11.
State Law reference— Relief of injured and deceased police officers, G.L. 1956, § 45-19-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 18-1. - Power and authority.#
The chief of police, deputy chief of police, other officers of the permanent police force, and special police officers shall have the power and authority conferred by law upon police constables, but shall not be required to give bond, nor shall they be authorized to serve process in civil actions. Every such officer may command all necessary aid and assistance in the due execution of such office, and every person who, when so required, refuses or neglects to give such aid and assistance shall be subject to fines.
(Code 1972, § 2-5.6)
Sec. 18-2. - Conflict of interest.#
No member of the police department shall hold any elective office in the town or state.
(Code 1972, § 2-5.7)
Sec. 18-3. - Handling of fines, fees.#
In all cases of complaints for a violation of any ordinance of the town, or for a violation of any statute of the state, all fines, fees, forfeitures and witness, complaint or warrant fees shall be made payable to the general fund of the town, unless otherwise provided by law. This section shall apply only to the regular members of the permanent police department.
(Code 1972, § 2-5.8)
Secs. 18-4—18-25. - Reserved.#
ARTICLE II. - DISABILITY RETIREMENT#
Sec. 18-26. - Future disabled personnel.#
Any of the personnel of the police department who shall in the future remain away from their regular employment as a police officer for a period of 18 months due to becoming wholly or partially incapacitated by reason of injuries incurred or sickness contracted during the performance of their duties shall, at the expiration of the 18 months, return to duty within 30 days thereafter or shall be deemed physically unfit for duty and therefore unable to return to his respective regular duties as a police officer. Such person who shall not return within 30 days of the aforesaid shall immediately be placed upon a retirement list and shall receive the regular disability retirement pay based upon his wages and other factors, just as if such person had completed all of the other requirements set forth in the ordinances governing retirement of personnel of the police of the town but in no event shall such disability pay be less than that required by G.L. 1956, § 45-19-19.
(Code 1972, § 2-8.2)
Sec. 18-27. - Time limit for disability leave.#
If any personnel of the police department shall have remained away from their regular employment as a police officer for a period of less than 18 months prior to August 8, 1990, then such person shall not remain away from their respective employment for the reasons aforesaid for more than 18 months from the date of the contraction of the initial illness or injury which caused the incapacity.
(Code 1972, § 2-8.3)
Sec. 18-28. - Recurrence of disability.#
Any personnel of the police department who have been away from their job for a period in excess of 18 months due to sickness or injury sustained or contracted in the performance of their duties and have returned to their job within a 30-day period in accordance with the provisions of this section and who have, within a six-month period of their return to their normal duties, suffered a recurrence of the same sickness or injury which disabled them initially, will be given one additional period of 30 days in which to return to their regular duties as a police officer, and failure to so report shall be deemed prima facie evidence of the fact that such personnel are physically unfit for duty and shall immediately be placed on the retirement list in accordance with the provisions of this article.
(Code 1972, § 2-8.4)
Sec. 18-29. - Extension of disability leave.#
In any event, the town may extend an individual officer's leave of absence due to disability upon a demonstration of extenuating circumstances and that there is a reasonable likelihood that the police officer shall return to the police force in a reasonable period of time set forth in this article. In such event, the town may set extension of such in-line-duty leave so long as a date certain is established for the purpose of reviewing an individual officer's extended in-line-of duty leave.
(Code 1972, § 2-8.5)
ARTICLE III. - OPTIONAL 20-YEAR RETIREMENT ON SERVICE ALLOWANCE#
Sec. 18-30. - Twenty years service required.#
Any member may retire pursuant to this article upon his or her written application to the board stating at what time he or she desires to retire; provided, that the member, at the specified time of his or her retirement, has completed at least 20 years of total service.
(Ord. of 2-8-2006)
Sec. 18-31. - Retirement allowance for 20 years service.#
Upon retirement from service, pursuant to section 18-30, a member receives a retirement allowance that is a life annuity terminable at the death of the annuitant, and is equal to three percent of final compensation multiplied by the years of total service, but not to exceed 60 percent of final compensation.
(Ord. of 2-8-2006)
Sec. 18-32. - Retirement allowance for over 20 years service.#
Upon retirement from service where member has in excess of 20 years of service, a member receives a retirement allowance that is a life annuity terminable at the death of the annuitant, and is an amount equal to the sum of three percent of final compensation multiplied by the first 20 years of service and 1.5 percent of final compensation multiplied by the years of service in excess of 20 years. The annual retirement allowance in no event shall exceed 75 percent of final compensation.
(Ord. of 2-8-2006)
Sec. 18-33. - Member contribution.#
Upon the adoption of a service retirement allowance, pursuant to this section, each member shall contribute an amount equal to 10.2 percent of the salary or compensation earned or accrued to the member.
(Ord. of 2-8-2006)
Sec. 18-34. - Retirement with less than 20 years service.#
Notwithstanding anything to the contrary hereinabove, any member who retires with less than 20 years of service shall be subject to G.L. 1956, § 45-21.2-6 for purposes of determining any service retirement allowance.
(Ord. of 2-8-2006)
Sec. 18-35. - Exemption from G.L. 1956, Title 45, Chapter 13.#
This article is exempt from the provisions of G.L. 1956, Title 45, Chapter 13.
(Ord. of 2-8-2006)
Sec. 18-36. - Applicability of state law.#
Except as specifically set forth hereinabove, all other provision of G.L. 1956, Chapter 45-21.2, shall be applicable to Burrillville police officers who make application to retire.
(Ord. of 2-8-2006)
Sec. 18-37. - Authority for article.#
This article is adopted pursuant to the provisions of Chapter 226 of the Public Laws of Rhode Island 2004.
(Ord. of 2-8-2006)