John J. Ryan v. City of Providence et al.

Summary

The Supreme Court of Rhode Island held that Providence's Honest Service Ordinance requires a criminal conviction for a crime related to public employment before the retirement board may reduce or revoke an employee's pension. The Court rejected the city's argument that the ordinance independently authorized action based on broader notions of honorable service. Because this ruling resolved the appeal, the Court did not reach the appropriate standard of Superior Court review of the retirement board's factual findings.

Holdings

1. The ordinance requires a criminal conviction for a crime related to the employee's public employment before the retirement board may take action to reduce or revoke the employee's pension. Conduct that does not result in such a conviction is not sufficient under the ordinance.

Questions Presented

1. Whether Providence's Honest Service Ordinance requires an employee to have been convicted of, or pleaded guilty or nolo contendere to, a qualifying crime related to public employment before the retirement board may pursue reduction or revocation of pension benefits.
2. Whether the Superior Court must review the retirement board's factual determinations deferentially or de novo in a civil action under section 17-189.1(a)(5) of the ordinance.

Disposition

vacated