Will Providence cop keep his job after assault acquittal? How the hearing will play out.

Providence Police Officer Jeann Lugo is attempting to save his job after being acquitted of an assault charge last year.

The department's spokeswoman, Lindsay Lague, confirmed that Lugo's hearing under the Law Enforcement Officers' Bill of Rights (LEOBOR) began Tuesday. That process will determine the future of Lugo's employment with the department. It is unclear how long the hearing will last, though Lague said the outcome would eventually be shared.

Chief Oscar Perez said the panel that will participate in the hearing has been put together, "and they will be making that decision, and I would have to respect the decision of the panel."

Why was Lugo charged with assault?

On the night of June 24, 2022, Lugo made national news after repeatedly hitting Jennifer Rourke in the face at an abortion rights rally outside the State House. At the time, Lugo, in addition to being a police officer, was also a Republican candidate for the state Senate District 29 seat. Rourke was running as the Democrat.

In a chaotic scene provoked in part by a man named Josh Mello who heckled the crowd, attendees pushed together, and a man in a green jacket − who remains unidentified − punched Mello. Lugo appeared in the crowd. He was not in uniform, did not announce he was an officer, and was carrying a concealed gun.

In District Court, Lugo argued he was attempting to arrest the man in the green jacket, though Rourke − who appeared to be attempting to diffuse the situation − held him back. Lugo then turned around and began striking her.

Lugo was later arrested and charged with assault, though he was acquitted after a court accepted that he was trying to prevent further violence and had "a duty to maintain the public order," as Judge Joseph T. Houlihan said.

What is the Law Enforcement Officers' Bill of Rights?

The Law Enforcement Officers Bill of Rights, also known as LEOBOR, was passed in 1976 in Rhode Island. It outlines a process for handling police misconduct, including giving those accused a hearing during which other current or retired officers can determine whether they remain on the force.

Critics say it shields police from real accountability and guards them from being suspended without pay. It also ties the hands of police leadership when it comes to allowing them to comment on cases. Perez already said before being selected as chief that he wants LEOBOR reformed, citing a lack of disciplinary authority for the chief and a need for transparency. Mayor Brett Smiley has also expressed support for reform.

More on Lugo:Providence police chief recommends officer accused of punching candidate be fired

Rhode Island is the only New England state that has a LEOBOR law in place, though numerous states around the country do as well. While counts vary, roughly 20 states have some version of the law.

House and Senate lawmakers have tried without success to repeal or reform LEOBOR. Last month, Rep. Jennifer Stewart of District 59 introduced a bill with eight sponsors to repeal the law. It is now in the House Judiciary Committee.

Harrison Tuttle, who leads the Black Lives Matter Rhode Island Political Action Committee, said the group "is extremely invested in the outcome" and wants LEOBOR repealed.

"There is no precedent of the public having knowledge of when an active LEOBOR hearing is happening. This should not be the first time," he said. "Although Jeann Lugo was acquitted, we believe he violated the trust and confidence of his community and is not fit to serve as a law enforcement officer."

How does Lugo's hearing work?

Under the law, three active or retired officers conduct a hearing. The police department selects one, Lugo selects one, then both sides pick the third. If they didn't agree, the presiding Superior Court justice would have chosen.

Michael Imondi, president of the Providence police union, said he would refrain from commenting while the hearing was underway, and preferred to let the process play out.

This article originally appeared on The Providence Journal: LEOBOR hearing for Jeann Lugo to keep his job underway