It may be limited in scope, but at least proof of conduct that enables the reduction or rescindment doesn't have to be so egregious that it stands up as a crime in a court of law:
An employee of the City of Providence does not have to be convicted of a job-related crime to lose his or her pension, a Superior Court judge ruled Tuesday.Judge Michael A. Silverstein decided several legal issues regarding five pension-revocation cases, including those of former Police Chief Urbano Prignano Jr. and former Capt. John J. Ryan, and a former office manager in the city Parks Department, Kathleen M. Parsons. ...
A municipal ordinance requires that an employee render "honorable service" as a prerequisite for a pension and further requires that if an employee is convicted of a job-related crime, the pension shall be reduced or revoked. Silverstein said, in effect, that those two requirements function independently of one another.
Just about anything that will contribute motivation for ethical conduct is good, at this point. A pension is an award above and beyond one's rights as a citizen.
"A pension is an award above and beyond one's rights as a citizen."
No, it isn't! A pension and lifetime Blue Cross is a civil right.
Posted by: Monique at September 9, 2009 8:09 AMMonique,
They certainly should be.
OldTimeLefty
Posted by: OldTimeLefty at September 9, 2009 12:33 PMDISCLAIMER:I am a friend of Barney Prignano and worked in the SIB squad from 1990-94 when he supervised that group.I was one of two Federal agents assigned there.
Forget who lost their pension here and think about the dangerous precedent it sets.
Now a person who retires can be brought before the Retirement Board at a subsequent time and be accused of "dishonorable"service and lose their pension.Based on what?You tell me.A conviction is no longer the standard.
Can't anyone here who's gloating understand how this can be used by vindictive politicians to go after people they didn't like and if not revoke their pensions,at least put them through legal expense and misery?
In the case of the Parks Dept.employee I agree with the deision because even though nolo/probation on a felony is not a conviction in RI,the Federal courts have held that it can be used as a conviction in federal proceedings.The case was a RI one,US vs.Bustamante where Judge Pettine was reversed by the First Circuit.It involved ATF charging a man with firearms possession by a convicted felon.Oscar Bustamante couldn't appeal it to SCOTUS because he diedsoon after the decision.(gunshot wound),We in the INS used the decision to arrest and deport hundreds of permenent residents.The first artrest pursuant to the decision:Pedro Bustamante ,Oscar's brother.Nice guy-he shot up an apartment house with a 45 ACP carbine,barely missing some nuns and a sleeping infant.It was a pleasure to "knock"on his door.
Joe,
You wrote: "Now a person who retires can be brought before the Retirement Board at a subsequent time and be accused of "dishonorable"service and lose their pension.Based on what?You tell me."
The answer to your question, in this case, is your buddy Barney Fife's own admission of "dishonorable" service.
Joe - he ADMITTED to the wrongful act. He got what he deserved, end of story.
Moral of the story: keep your nose clean, do the right thing and you'll have nothing to worry about.
Posted by: George Elbow at September 10, 2009 8:41 PMIf you believe the last line you wrote,you must be living in a vacuum.You can be as honest as the day is long,but if you piss off a venal politician they can now make your life miserable under the new ruling.I'd be surprised if it stands in the Supreme Court.There are no vindictive,lowlife politicians in RI who'd do something like that are there?
Posted by: joe bernstein at September 11, 2009 6:31 AMJoe -
Any scumbag politician can make your life difficult.
They could always challenge a Pension.
But if you "keep your nose clean, do the right thing", which Barney Fife himself admitted to not doing, you'll have nothing to worry about as you will be able to defend yourself, the TRUTH being the best defense.
Posted by: George Elbow at September 11, 2009 10:09 PM