Helen Ricci v. Rhode Island Commerce Corporation, 276 A.3d 903

Background

Helen Ricci was hired as Deputy Chief of the Rhode Island Airport Police Department (RIAPD) in December 2019 and sworn in March 2020; the RIAPD Chief retired July 7, 2020 and was not replaced during the period at issue.
On November 10, 2020, Ricci was terminated from the RIAPD and Rhode Island Airport Corporation (RIAC); she requested a LEOBOR hearing on November 13, 2020 and filed a verified complaint in Superior Court on December 1, 2020 seeking declaratory relief and reinstatement with back pay.
Defendants moved for summary judgment arguing Ricci was excluded from LEOBOR because she was effectively the highest‑ranking sworn officer (a category excluded by § 42‑28.6‑1(1)).
The trial justice denied summary judgment, later ruled that under the statutory language only the Chief and the RIAC director/deputy director (not the Deputy Chief) are excluded, and awarded declaratory and injunctive relief ordering reinstatement with back pay.
The Supreme Court affirmed that Ricci falls within LEOBOR’s protections, vacated the mandatory injunction portion ordering reinstatement, and remanded to require compliance with § 42‑28.6‑4 and restoration of salary/benefits (status quo ante).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Deputy Chief is a "law enforcement officer" under LEOBOR or excluded as the "chief and/or highest ranking sworn officer"	Ricci: LEOBOR expressly excludes only the Chief and the listed high positions (director/deputy director of RIAC); Deputy Chief is not listed and thus is covered	Defs: Ricci functioned as highest‑ranking sworn officer while Chief post vacant and so falls into the exclusion for "highest ranking sworn officer"	Held: Deputy Chief is not excluded; statute’s express exceptions do not mention Deputy Chief, so Ricci is covered by LEOBOR (expressio unius rule, plain meaning).
Whether performance of Acting Chief duties converts Deputy Chief into excluded "highest ranking sworn officer"	Ricci: Title, not temporary duties, controls; she held only the Deputy Chief title and was not formally designated Acting Chief	Defs: Ricci exercised supervisory/acting‑chief authority and thus effectively was the highest ranking sworn officer, making her ineligible for LEOBOR	Held: Court rejected functional reclassification; absence of formal Acting Chief designation means the statutory exclusion ("highest ranking sworn officer") does not apply to Ricci.
Appropriate remedy for LEOBOR violation — mandatory reinstatement vs. compliance with statutory hearing process and back pay	Ricci sought reinstatement with full back pay and benefits	Defs challenged procedural findings and scope of relief (e.g., mandatory injunction)	Held: Ricci entitled to salary/benefits (status quo ante) and to procedural protections of § 42‑28.6‑4; the Supreme Court vacated the Superior Court’s mandatory reinstatement injunction and remanded ordering statutory compliance and restoration of pay/benefits.

Key Cases Cited

In re Kapsinow, 220 A.3d 1231 (R.I. 2019) (statutory construction reviewed de novo)
DeMarco v. Travelers Ins. Co., 26 A.3d 585 (R.I. 2011) (legislative intent governs statutory interpretation)
Such v. State, 950 A.2d 1150 (R.I. 2008) (purpose and context inform statutory meaning)
Ryan v. City of Providence, 11 A.3d 68 (R.I. 2011) (discover legislative intent from language, nature, object of statute)
Little v. Conflict of Interest Comm'n, 397 A.2d 884 (R.I. 1979) (clear statutory language controls)
In re Brown, 903 A.2d 147 (R.I. 2006) (statutes construed in context of entire scheme)
Murphy v. Murphy, 471 A.2d 619 (R.I. 1984) (expressio unius est exclusio alterius in statutory construction)
Brown & Sharpe Mfg. Co. v. Dean, 151 A.2d 354 (R.I. 1959) (courts must apply clear statutory language literally)
Castelli v. Carcieri, 961 A.2d 277 (R.I. 2008) (judiciary cannot amend statutes enacted by legislature)
America Condominium Ass'n, Inc. v. Mardo, 270 A.3d 612 (R.I. 2022) (broad words like "all"/"any" construed inclusively)