Poli-ticks
By Arlene Violet

It's time for a new sheriff's policy in town

WPRI-TV’s investigative reporter extraordinaire, Tim White, exposed a scandal at the state’s sheriff department. It seems that a disproportionate number of Rhode Island sheriffs are out of work after claiming an on-the-job injury which allows them to collect their full time salaries tax free at a cost to taxpayers of more than $2 million a year. As of last fall, 23 out of the 179 sheriffs were on injured duty status, some (seven) dating back more than 4 years with four collecting a salary for more than 8 years and one more than 11 years and nine months (WPRI 1/17/19).
Mr. White’s research also revealed that, by contrast, only 3 out of 226 state troopers are out on injured duty. Pause on that statistic. Without question the state police are in numerous situations that could provoke an injury. State sheriffs usually are in situations with some exceptions, which could provoke a hangnail as 3 of them surround a handcuffed prisoner.
For years, appointments to the state sheriff’s corps have been plum political jobs. You had to "know a guy”. While at least some sheriffs had law enforcement backgrounds, it was not a prerequisite — only political ties were. Indeed, an ex-democrat legislator was selected to be High Sheriff and his background was that he was a lawnmower repairman.
To date, the 23 "injured" sheriffs have collected more than $5 million tax free money. That, however, is not all they cost. Court sessions are delayed because there are an insufficient number of sheriffs on duty to guard the judges. The Presiding Justice of the Superior Court acknowledged that courtrooms open on a staggered basis because of the dearth of sheriffs. Many litigants pay lawyers by the hour. When their counsel sit around waiting to see if a courtroom will open to hear their case, you can hear the “ca-ching” of mounting fees. Regular folk also take time out of work and are then required to return on another date.
So how did the system get so bad? Politics, of course. Unlike law enforcement personnel elsewhere in the state who have to have medical doctors attest to their disability and who have a limited time of full disability before being required to convert to an accidental disability pension where two-thirds of their salary is tax free, the sheriffs have no such requirement. In effect, the “word” of the employee creates the status without oversight.
To her credit, last year Governor Gina Raimondo tried to make the injured-on-duty status for sheriffs a temporary program. A sheriff would only be allowed out on this status for 18 months before seeking retirement with an accidental disability pension thereafter. The legislative leaders, not wanting to have their pals come in from the cold, promptly stripped this provision. The governor’s spokesperson said that she will seek anew to establish this protocol. When the changes were proposed initially some sheriffs, in anticipation of its passage, did apply for a disability pension but the retirement board denied their request. That tells you something about the bona fides of their respective injuries. Yet, when Smith Hill didn’t pass the governor’s proposal they all went back to tax free full salaries again!
It’s time to get a new Sheriff’s policy!

Arlene Violet is an attorney and former Rhode Island Attorney General.