Judge sides with city in pension fight

PROVIDENCE, R.I. (WPRI) - A superior court judge ruled Tuesday the Providence Retirement Board can revoke or reduce a retiree's pension for dishonorable service without being convicted of a crime. The decision potentially has a massive impact on a lengthy pension battle with some of the city's highest profile players.

In a ruling issued Monday morning , Associate Justice Michael A. Silverstein wrote, "the Court finds that a criminal conviction-or plea of guilty or nolo contendere which results in a conviction... is not a necessary prerequisite for Board action to revoke or reduce municipal pension benefits pursuant to the Honorable Service Ordinance."

The decision gives the Retirement Board broad power in punishing retirees they find acted dishonorably on the job.

The highest profile case pits former Providence Police Chief Urbano Prignano against the Retirement Board which ruled last year to completely revoke his $64,000 annual pension.

Prignano was implicated in the police department’s cheating-for-promotions scandal that was brought to light during the Operation Plunder Dome case.

The ruling also deals a potentially devastating blow to retired police Captain John J. Ryan and former Major Martin F. Hames Jr., who were also swept up in the scandal.

Reached by phone, attorney Stephen Famiglietti who represents Prignano, had not yet read the decision, but said he will most likely appeal to the state Supreme Court.

"I have enormous respect for Judge Silverstein but respectfully disagree with the decision," Famiglietti said. "I feel very strongly that ordinance is written in such a way it can't be read in any other way. You have to be convicted of a crime."

The decision also affects disgraced Parks Department worker Kathleen Parsons who admitted to stealing from the city to feed a gambling habit. Though she was not convicted of a crime, her pension was whittled down to a mere 1 percent.

Prignano continues to receive his pension while the city awaits Justice Silverstein’s decision on the Retirement Board’s move to revoke his payments. Ryan and Hames are also receiving pension benefits.

In a written statement, Providence Mayor David Cicilline said he was pleased with the court's ruling.

"Despite fierce opposition and legal roadblocks, I have argued that employees who violate the public trust are not entitled to lifetime pensions at taxpayer expense. Today, the Court upheld that standard," Cicilline said. "This reaffirms our expectation that every employee must perform honorably in order to receive the benefits of a pension. We should expect no less from those who serve the public."