§ 45-20-1 — § 45-20-1. Petition for judicial review of removal of firefighter.

Rhode Island § 45-20-1

• Jurisdiction: Rhode Island
• Title 45: Towns and cities
• Ch. 45-20: Appeals from Police and Fire Departments

Text

§ 45-20-1. Petition for judicial review of removal of firefighter.

(a) Any firefighter or firefighters, jointly or severally aggrieved by any decision of the bureau of police and fire or any similar department, board or bureau of a city or town having control of the fire department of the city or town, which decision orders the removal of the person from membership in the fire department based on criminal charges, may present, to the superior court of the state of Rhode Island for the county in which the city or town is located, a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the decision of the department, board, or bureau.

(b) Upon the presentation of the petition, the court may allow a writ of certiorari directed to the department, board, or bureau to review its decision, and shall prescribe in the unit the time authorized which a return to the unit must be made, which shall be not less than twenty (20) days and may be extended by the court.

(c) The allowance of the writ does not stay the effect of the decision.

Legislative History

P.L. 1948, ch. 2083, § 1; G.L. 1956, § 45-20-1; P.L. 1968, ch. 242, § 1; P.L. 2021, ch. 400, § 27, effective July 13, 2021; P.L. 2021, ch. 401, § 27, effective July 13, 2021.