The text
Sec. 52-1. - Duties generally.#
It shall be the duty of every police officer of the city to preserve peace and good order and to see that all ordinances are promptly enforced and at all times to give his/her aid and assistance to the person appointed to prosecute violations of ordinances in the proper enforcement of the same.
(Code 1971, § 15-1)
Sec. 52-2. - Police constables.#
Police constables are hereby empowered to make complaint for the violation of any ordinance and to prosecute for the same. Police constables shall not be required to give surety for costs, but, in all cases where complaint is made by any person other than a police constable, the complainant shall give security for costs. All penalties or fines shall be recovered to and for the use of the city, unless otherwise specially provided.
(Code 1971, § 15-2)
Sec. 52-3. - Duty to assist harbormasters.#
(a)
The members of the police department are hereby authorized and directed to assist the harbormasters in enforcing the regulations of the waterfront park and development commission and all other regulations regarding the anchorage, station, management, and control of all vessels within the harbors, and to assist in enforcing the same in all water bodies within the territorial limits of the city.
(b)
The word "control" as used in this section shall be specifically deemed to include speed limitations.
(Code 1971, § 15-3)
Cross reference— Harbors, ch. 24.
Sec. 52-4. - Special police officers at state airport—Employment status.#
All special police officers appointed by the board of public safety who are assigned to the state airport at Hillsgrove and who are employed by the state in the classified service shall be considered in continuing service; provided, however, that such special police officers have been serving for a period of at least one year as special police officers and have continuously been assigned at least six months to the state airport at Hillsgrove. The board of public safety shall not revoke the appointment of such special police officers assigned to the state airport at Hillsgrove, except for good and just cause.
(Code 1971, § 15-4)
Sec. 52-5. - Same—Ineligibility for benefits.#
No special police officer assigned to the state airport at Hillsgrove and employed by the state within the classified service shall be eligible to receive any of the benefits of the permanent police department of the city, such as compensation, clothing allowance, sick leave, retirement and disability pensions, and seniority. Such special police officers are specifically exempt from receiving such benefits for such employment.
(Code 1971, § 15-5)
Sec. 52-6. - Health insurance coverage for retired police officers.#
(a)
The city, under the authority granted to it by the provisions of G.L. 1956, § 45-2-11, as amended, and under any other power thereunto enabling, shall provide health care insurance coverage to all of the employees of the police department of this city who are presently retired or who may hereafter become retired.
(b)
The city's obligation to provide such coverage shall terminate at such time as such retiree attains the age which makes him/her eligible for Medicare coverage.
(Code 1971, § 15-6; Ord. No. O-07-10, § I, 5-22-07)
Sec. 52-7. - Authority of police chief to detail police personnel for regulation of traffic at utility construction sites.#
(a)
The police chief of the city is authorized to detail police personnel (police officers, special officers, reserve officers or police constables) and to require payment of an hourly amount by the following persons or entities, which hourly amount shall be that amount determined as due the personnel in accordance with the contract between the police officers' collective bargaining agent and the city and which amount shall be due and payable to the city upon completion of each week during which a detail has been required: Whenever construction of, improvement of, or installation of any utility on any highway, street or road within the city shall cause disruption of the normal flow of traffic and create a hazard to motorists, the chief of police may, if he/she determines police personnel are necessary to regulate the traffic, after notifying the general contractor involved, detail the number of police personnel that he/she deems necessary to ensure the safety of motorists, and the general contractor shall be responsible for the cost of the detail.
(b)
Any person who is aggrieved by a determination of the chief of police that a detail is or was necessary may appeal said determination by written notification to the board of public safety within ten days of receipt of the notification. Said board of public safety shall as soon as practicable grant a hearing and make a de novo determination as to the necessity for the detailing of police personnel. The board of public safety shall use the same standards the chief of police is required to use in determining the necessity for such detail.
(c)
The notice required in subsection (a) of this section shall not be required in writing. The chief of police shall not be required to await a hearing of the board of public safety before the detailing of police personnel is deemed necessary. In the event that the board of public safety overrules such decision, the cost of such detail shall be the responsibility of the city.
(Code 1971, § 15-7)
Sec. 52-8. - Persons ineligible to serve as police officers, constables, special officers or reserve officers.#
No person shall be appointed or serve as a police officer, constable, special officer or reserve officer who has been convicted of, found guilty of, pleaded guilty or nolo contendere to, or placed on a deferred or suspended sentence or on probation for any crime which involves moral turpitude or any felony.
(Code 1971, § 15-8)
Sec. 52-9. - Honorable service; revocation or reduction of retirement benefits of employees committing crime related to public employment.#
(a)
General provisions.
(1)
Payment of an employee's retirement allowance or annuity or other benefit or payments as provided for within this chapter shall be for honorable service only.
(2)
For purposes of this section, "crime related to his or her public employment" shall mean any of the following:
a.
The committing, aiding or abetting of an embezzlement of public funds;
b.
The committing, aiding or abetting of any felonious theft by a public employee from his or her employer;
c.
Bribery in connection with employment of a public employee; and
d.
The committing of any felony by a public employee who willfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment.
(3)
For purposes of this section, "pleads guilty or nolo contendere" shall not include any plea of guilty or nolo contendere which does not result in a conviction by virtue of G.L. 1956, § 12-10-12 or 12-18-3, as amended.
(4)
For purposes of this section, "public employee" or "employee" shall mean any current or former city elected official, or any appointed official and employee of the city, or of a city board, commission or agency, who is otherwise entitled to receive a retirement allowance or annuity or other benefit or payment of any kind pursuant to this chapter.
(5)
For purposes of this section, proceeds of IRS 457 deferred compensation plans are not subject to revocation or reduction.
(b)
Revocation or reduction authorized. Notwithstanding any other provision of law, any retirement allowance or annuity or other benefit or payment of any kind to which an employee is otherwise entitled to under this chapter shall be revoked or reduced in accordance with the provisions of this section if such employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public employment. Any such conviction or plea shall be deemed to be a breach of the employee's contract with his or her employer.
(c)
Hearing; civil action. Whenever any employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public employment, the board of public safety shall conduct a meeting, with the employee having the opportunity to be heard, to determine if a recommendation of revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under this chapter is warranted. If the board of public safety determines that revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under this chapter is warranted, the board of public safety shall initiate a civil action in the superior court for the revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under this chapter.
(d)
Return of payroll deducted contributions when benefits are revoked. Any employee whose retirement allowance or annuity or other benefit or payments are revoked pursuant to this section shall be entitled to a return of his or her payroll deducted contribution, without interest.
(e)
Return of payroll deducted contributions when benefits are reduced. Any employee whose retirement allowance or annuity or other benefits or payments are reduced pursuant to this section shall be entitled to a pro rata return of a portion of his or her payroll deducted contribution, in an amount proportionate to the amount of any such reduction, without interest.
(Ord. No. O-95-34(A), § I, 10-16-95)
Sec. 52-10. - Bail for police officers in suits arising from official duties.#
The treasurer of the city shall secure a bail bond or shall provide bail for any member of the permanent police department who is served with a writ of arrest in a civil suit, which suit arises while said police officer is engaged in the performance of his/her official duties. The city treasurer shall have full right, power and authority to expend from city funds a sum sufficient to secure or provide said bail bond or bail.
(Code 1971, § 2-12)
Sec. 52-11. - Counsel for police officers in suits arising from official duties.#
The city solicitor's department shall provide legal advice and representation to any member of the permanent police department who is named as a defendant in a civil suit, which suit arises while said police officer is engaged in the performance of his/her official duties.
(Code 1971, § 2-13)
Sec. 52-12. - Lump sum death benefit for police officers.#
(a)
If a member of the police department of the city is killed or dies by reason of injuries received or sickness contracted while in the performance of his/her duty as such member, there shall be paid to the widow/widower, or, if no widow/widower survives, to the legal representatives of such member, a lump sum payment from the city in the amount of $5,000.00.
(b)
As used in this section, the term "member of the police department" shall mean and include any chief or other member of the police department of this city, regularly employed at a fixed salary or wage.
(c)
This section shall, after it takes effect as prescribed by law, operate retroactively to September 1, 1964, to include all cases covered by its provisions since that date.
(Code 1971, § 2-14)
State Law reference— Relief of injured and deceased police officers, G.L. 1956, § 45-19-12 et seq.
Sec. 52-13. - Regulations for the use of automated license plate reader technology.#
(a)
As used in this chapter, "automated license plate reader" ("ALPR") means an electronic device mounted on a law enforcement vehicle or positioned in a stationary location that is capable of recording data on, or taking a photograph of, the license plate of a vehicle and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. ALPR includes a device that is owned or operated by a person who is not a government entity to the extent that data collected by the reader is shared with a law enforcement agency. For the purposes of this chapter, ALPR does not refer to those electronic devices mounted on a law enforcement vehicle or positioned in a stationary location that is capable of recording data on, or taking a photograph of, the license plate of a vehicle solely for the purpose of recording the speed on a vehicle, recording information for tolling purposes, or recording traffic patterns and assessing traffic violations at an intersection.
(b)
Operation of and access to an ALPR technology system shall only be for official law enforcement purposes. Any use of an ALPR technology system shall be governed by police department policy. The policy, and any changes thereto, shall be approved by the board of public safety prior to the operation of an ALPR technology system. Upon approval, copies of ALPR policies shall be sent by the board of public safety to the mayor and members of the city council.
(c)
Notwithstanding department policy, no ALPR technology system shall be used:
(1)
In conjunction with facial, voice, iris, or other recognition technologies which may identify biometric information.
(2)
For the purpose of photographing, recording or producing images of occupants of motor vehicles, pedestrians, or passersby.
(3)
For recording or otherwise capturing audio.
(4)
For motor vehicle code enforcement.
(5)
For federal immigration enforcement.
(6)
Without an associated Warwick Police Department case number or incident number and documented reason for the inquiry.
(7)
In a non-stationary application, such as being hand-held or affixed to a motor vehicle for purposes of mobile surveillance.
(d)
Data collected by an ALPR technology system shall not be sold or shared with any third-party individuals or entities, excluding law enforcement agencies. Such data should be stored for no longer than 30 days and in accordance with the established Rhode Island Records Retention Schedule. Thereafter, ALPR data shall be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal action. Any data downloaded or stored offline by the Warwick Police Department in excess of 30 days must be associated with an active or ongoing investigation. Data detection browsing activity is exempt from the storage and purging requirements of this subsection.
(e)
The Warwick Police Department ALPR policy shall include the creation of a transparency portal, which shall be available for public inspection, and which outlines the ALPR policy and provide metrics on:
(1)
Hot list sources;
(2)
Data retention;
(3)
Number of operational cameras;
(4)
Organizations with access to cameras;
(5)
Number of total plate-reads in a 30-day period; and
(6)
Number of searches in a 30-day period.
(Ord. No. O-22-17, § I, 10-18-22)