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State v. Rhode Island Brotherhood of Correctional Officers4/15/2003
This case came before the Supreme Court on March 4, 2003, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and reviewing the memoranda of the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time.
On December 6, 1996, Thomas Ryan (Ryan), a correctional officer with the Department of Corrections (DOC), was assigned to the Eleanor Slater Hospital, a state facility for prison inmates undergoing medical treatment. Ryan was responsible for guarding inmate Jerry Steele (Steele) and, at 11 p.m., upon the conclusion of his shift, he relinquished his keys to correctional officer Noel Taylor (Taylor). At approximately 11:45 p.m., Taylor noticed that a handcuff key was missing from the key ring; he then notified his superiors at the Medium Security facility. Ryan joined Taylor in searching for the missing key, but it was not found at that time. A report on the missing key was filed and an intensive search of Steele's room was conducted on December 9, 1996. During the search, Steele admitted that he had the handcuff key secreted inside a cup of hot chocolate. When chief inspector Aaron Aldrich (Aldrich) questioned Steele about the circumstances in which he acquired the handcuff key, the inmate stated that Ryan was "weak" and that he had been "working on him."
The subsequent inspector's report concluded that Ryan was responsible for misplacing the handcuff key during his shift and recommended that discipline be imposed for dereliction of duty. As a result, a disciplinary hearing was scheduled. At the close of the investigation, Ryan was terminated from his position for conduct unbecoming a correctional officer. Ryan filed a grievance, pursued by his union, the defendant, Rhode Island Brotherhood of Correctional Officers (union or defendant), and the matter was submitted to arbitration.
At the subsequent arbitration proceeding, Steele testified, according to the arbitrator, that Ryan shared personal information with him and discussed his domestic and financial problems at length. Steel also claimed that Ryan shared pizza, sandwiches, candy, and soda with him. Ryan admitted that he shared food and candy with Steele and engaged in personal conversations with him about car repairs and child support arrearages. Steele further testified that he offered to provide Ryan with $160 in exchange for a handcuff key. The State Director of Corrections, George A. Vose, Jr. (Vose) testified and insisted that Steele's narrative of the events of December 6 was the only plausible explanation for Steele's acquisition of the handcuff key. Vose testified that the code of ethics for correctional officers prohibits personal relationships with inmates because the consequences of such illicit relationships could undermine the authority and command of the correctional officer. Vose also testified that Ryan's discharge was justified in view of the risk of escape and the possibility of injury to others.
The state argued that Ryan was a coconspirator and a participant in inmate Steele's scheme to escape. The state also alleged that Ryan failed in his duty to report the action and was in clear violation of the code of ethics. The state noted that Ryan acknowledged his familiarity with the code and knew of his obligation to report illegal behavior on the part of the inmates. The state alleged that Ryan made a conscious choice to be dishonest about his inappropriate relationship with Steele, and therefore, his discharge was warranted.
After assessing the credibility of the various witnesses, the arbitrator opi
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