COLUMNS

Officers' bill of rights has worked fine since 1976. Here's why | Opinion

Ken Mancuso
Guest columnist

Ken Mancuso is a retired chief of police in Cranston.

LEOBOR became law in 1976. The main reason for it was to stop politicians, mayors and police chiefs from handing out discipline to officers merely because they don’t like the officer or an officer's comments about the mayor, police chief, politicians, etc. The bill of rights has worked fine since 1976 and there is no need to change it.

It is disheartening to hear from the Providence NAACP that they basically want to eliminate the Law Enforcement Officers' Bill of Rights. They want a civilian review board to investigate complaints against police officers, but a civilian review board has no knowledge of police practices and procedures.

When a police officer gets fired under the bill of rights, there is no outcry by most politicians or organizations. However, if a police officer is cleared by the bill of rights certain politicians are furious about that outcome. Providence police officer Jeann Lugo, for example, was not fired after a LEOBOR hearing; he received a 10-day suspension. But that was not enough for the NAACP and some city officials. They wanted Lugo fired. Why?

Providence police officer Jeann Lugo pleads not guilty to assault charges at Garrahy Judicial Complex in July 2022.

More:Providence police officer Lugo to keep his job despite efforts to terminate him

Let’s look at Judge J. Terence Houlihan Jr.’s decision concerning the charge of simple assault against Lugo. It was reported on Nov. 16, 2022 that the Warwick District Court judge concluded that the incident at an abortion rights rally on June 24 was “a melee” that happened in “scant few seconds.” Though Lugo was off duty at the time, the judge said Lugo's actions were “justified” by the patrolman's duty to “maintain public order.”

Judge Houlihan said Lugo was attempting to go after an unidentified man in a green jacket who punched another man who was agitating protesters. Judge Houlihan said “[Jennifer] Rourke held Lugo back,” and the court accepted that Lugo was attempting to stop more violence. The judge said the "potential for further violence" was "imminent." He acquitted Lugo.

More:A pivot on police discipline in Rhode Island? How officers' bill of rights might change

However, despite the acquittal and Judge Houlihan's reasoning, the NAACP is still calling for civilian review boards with subpoena power and the authority to investigate complaints and misconduct, and to impose sanctions.

The NAACP should be aware that the Providence Police Department has received accreditation from the Commission on Accreditation for Law Enforcement Agencies — making the department the largest law enforcement agency in New England to be accredited. That means the policies and procedures of the department have been approved by the National Accreditation Commission.

So, to all state legislators, protect our police officers from being disciplined or fired without cause or protection. Let LEOBOR remain law.