City of East Providence v. McLaughlin

• Decision Date: 01 July 1991
• Docket Number: No. 90-416-M,90-416-M
• Citation: 593 A.2d 1345
• Parties: CITY OF EAST PROVIDENCE v. Douglas E. McLAUGHLIN. P.
• Court: Rhode Island Supreme Court

Page 1345

593 A.2d 1345

CITY OF EAST PROVIDENCE v. Douglas E. McLAUGHLIN.

No. 90-416-M.P.

Supreme Court of Rhode Island.

July 1, 1991.

James M. Russo, Asst. Sol., City of East Providence, East Providence, for petitioner.

Thomas J. McAndrew, Patricia E. Andrews, Providence, for respondent.

OPINION

MURRAY, Justice.

This case comes before us on a petition for certiorari by the city of East Providence. The city seeks review of the final decision of a hearing committee (committee) convened pursuant to the Law Enforcement Officers' Bill of Rights, G.L.1956 (1988 Reenactment) chapter 28.6 of title 42. The committee had ruled in favor of the respondent, Captain Douglas E. McLaughlin (McLaughlin) of the East Providence police department, finding him not guilty of the charge of conduct unbecoming an officer. For the reasons that follow, we affirm the committee's decision in part and reverse in part.

McLaughlin is a veteran of over twenty years' service with the city's police department. The investigation into McLaughlin's alleged misconduct began in March of 1989 when the East Providence Minority Political Caucus informed the city council of alleged racial remarks made by McLaughlin and requested that the city council investigate the matter. Onna A. Williams, affirmative-action officer for the city, conducted a preliminary investigation into the allegations. On September 5, 1989, she filed a report with the city manager, Paul E. Lemont, in which she stated that "the evidence shows an overwhelming preponderance of offensive behavior that is continuous and flourishing." Williams concluded that McLaughlin had displayed conduct unbecoming an officer on numerous occasions and had discredited himself and the entire police department; she recommended that McLaughlin be terminated, and Raymond G. Benoit, the city's personnel director, concurred.

Williams then submitted a formal complaint to the city's police department, citing the numerous occurrences set forth in her report. Consequently, acting chief of police Captain Carl A. Winquist commenced an internal investigation in accordance with § 42-28.6-2. On November 20, 1989, Winquist submitted his report in which he discussed four of the specific incidents cited by Williams and recommended dismissal for conduct unbecoming an officer. Conduct unbecoming an officer is defined in paragraph G of the East Providence Police Department Rules and Regulations as "that which brings the Department into disrepute or reflects discredit upon the officer as a member of the Department, or that which impairs the operation or efficiency of the Department or officer."

On December 28, 1989, after reviewing all the evidence, city manager Lemont advised McLaughlin that effective January 2, 1990, he would be reduced in rank to patrol officer and suspended without pay for six months. Lemont also informed McLaughlin that he was entitled to a hearing on the issues by a hearing committee before the disciplinary action was invoked. See § 42-28.6-4. Thereafter McLaughlin exercised his right to a hearing, and Lemont's decision was stayed pending the outcome.

The committee, consisting of Captain J. Peter Plenninger of the Westerly police department, Captain Dennis McCarthy of the East Providence police department, and Lieutenant Elwood M. Johnson of the Rhode Island State Police, conducted its hearing over nineteen dates beginning on February 7, 1990, and ending on June 26, 1990, and heard testimony from almost thirty witnesses. On August 9, 1990, it announced its decision. The committee addressed the four allegations separately, refusing to recognize a longstanding pattern of racial and sexual discrimination as alleged by the city. After determining that none of the four incidents rose to the level of a violation, the committee concluded that McLaughlin was not guilty of conduct unbecoming an officer. The committee also found that the city had failed to conduct an appropriate investigation prior to Winquist's involvement.

Section 42-28.6-12 of the Law Enforcement Officers' Bill of Rights provides in pertinent part:

"[T]he city or town may seek review of the final decision of the hearing committee by writ of certiorari to the supreme court on the grounds that the decision was arbitrary or capricious or characterized by abuse of discretion or affected by error of law."

On October 4, 1990, this court granted the city's petition for writ of certiorari.

The Law Enforcement Officers' Bill of Rights, enacted in 1976, is the exclusive remedy for permanently appointed law-enforcement officers who are under investigation by a law-enforcement agency for any reason that could lead to disciplinary action, demotion, or dismissal. Lynch v. King, 120 R.I. 868, 870 n.1, 391 A.2d 117, 119 n.1 (1978). Endowed with broad powers of investigation by the General Assembly, the committee is not bound by the recommendations of the charging authority but may call witnesses, make findings of fact, and sustain, modify, or reverse the charges of the investigating authority. Id. at 878, 391 A.2d at 123. In our review of the committee's findings, we shall neither weigh the evidence nor make findings of fact; instead, we shall examine the extensive record to determine whether some competent evidence exists to support the committee's decision. Lantini v. Daniels, 104 R.I. 572, 574, 247 A.2d 298, 299 (1968); Hooper v. Goldstein, 104 R.I. 32, 43, 241 A.2d 809, 814-15 (1968).

The committee made specific findings on the four allegations of misconduct addressed in Winquist's report. Although the briefs of both parties discuss additional matters, we shall limit our review to those four areas. The committee also applied the charge of conduct unbecoming an officer to each incident independently, refusing to recognize an alleged longstanding pattern of racial and sexual discrimination. The city argues that in so doing, the committee abused its discretion and acted arbitrarily and capriciously. We disagree. The committee was convened to review the disciplinary action imposed following Winquist's official investigation. In his report Winquist dealt with the four incidents separately and did not discuss a pattern of discrimination. Because this official report led to McLaughlin's demotion and suspension, the committee was entitled to review only the official findings and to refuse to find a pattern of discrimination. Furthermore it is unlikely that the committee would have found a pattern of discrimination after concluding that none of the incidents supported the charge independently.

The four allegations addressed by the committee include: (1) McLaughlin's use of racial slurs at a 1982 Emerald Society Meeting; (2) McLaughlin's requiring a black patrol officer to raise his right hand when swearing to the truth of drunk-driving-arrest reports; (3) McLaughlin's use of a racial slur during a taped undercover investigation; and (4) McLaughlin's racial and sexual discrimination against a black patrol woman. We shall discuss each of these in turn.

I

In September or October of 1982 several members of the East Providence police department met to organize a local chapter of the Emerald Society, a private organization open to law-enforcement officers of Irish decent or with spouses of Irish descent. An abbreviated tape recording of that meeting was played at the hearing. On the tape McLaughlin was heard to inquire whether "niggers" would be permitted to join. After allowing in the tape and its corresponding transcript as full exhibits, the committee rejected them as having no probative value.

Section 42-28.6-6 of the Law Enforcement Officers' Bill of Rights provides:

"Evidence at hearing.--Evidence which possesses probative value commonly accepted by reasonable and...