 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State2/25/2005
lack of work or for other legitimate reasons."
Article 16.1: "It is agreed that an Appointing uthority may dismiss, demote or suspend an employee for just cause."
Article 16.4: "If within two weeks of such dismissal, demotion, or suspension, the employee or the Brotherhood so affected notifies the Appointing Authority in writing that he has been unfairly treated and gives his reasons therefore, he may have his case reviewed in accordance with the grievance and arbitration procedure set forth in this Agreement."
Criminal charges were also lodged against Mr. Algasso as a result of the search of his apartment. On February 11, 1997, at a Superior Court hearing on Mr. Algasso's motion to suppress the items seized during the February 1993 raid, the Superior Court found that the police had acted recklessly and with reckless disregard for the truth in obtaining the search warrant. As a result, the Superior Court suppressed the evidence obtained pursuant to the search warrant. Thereafter, on July 11, 1997, the state dismissed the criminal charges against Mr. Algasso emanating from the search of his apartment.
In the meantime, however, on July 23, 1996, Mr. Algasso had been arrested on a separate and distinct charge of aiding and abetting another to commit a burglary -- an incident completely unrelated to the 1993 charges. On March 12, 1997, Mr. Algasso pled nolo contendere to the charge, and received a four-year suspended sentence and five years of probation.
The grievance that was filed in 1993 was held in abeyance pending resolution of the criminal charges, but eventually was heard in 1998. On June 5 of that year, the hearing officer denied the grievance, finding that DOC had cause to terminate Mr. Algasso from state service. On June 25, 1998, RIBCO filed a demand for arbitration seeking review of the adverse grievance determination.
Before the arbitration hearings began, RIBCO filed a motion in limine to exclude the evidence illegally seized in the 1993 search. The arbitrator denied the motion, finding that "based upon the circumstances of this case, application of the Exclusionary Rule to the evidence in question is not warranted." As a result the state was allowed to submit "photographs of, lists of, and in certain cases, actual items consisting of part of the material seized" in the search. The arbitrator commented that, given the suppression justice's "scathing indictment of the investigators," he would look with "enhanced scrutiny" at any statement contained in any of the investigators' reports before accepting such statement as factual. The arbitrator conducted hearings over four days in the spring and summer of 2001.
On October 1, 2001, the arbitrator ruled that the director had no just cause to terminate Mr. Algasso. The arbitrator addressed each of the charges separately.
With respect to the allegations of theft of food items and kitchen supplies from the DOC, the arbitrator found that the evidence did not substantiate the DOC investigators' assertions of any missing inventory. The arbitrator noted that because it lacked an inventory control system, the state was unable to prove that any food or supply items were, in fact, missing. Additionally, the arbitrator noted that the parties had stipulated to the fact that, with one exception, all the items were available to the public at various restaurant supply stores. Coupled with the fact that the arbitrator accepted Mr. Algasso's testimony that the items were used in a small catering side business that he operated out of his home, the arbitrator found that the state failed to prove that the seized items were the property of the DOC, that Mr. Algasso was guilty
Page 1 2 3 4 5 6 7 8 9 10 11 Rhode Island DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|