Kristin Riley v. The Narragansett Pension Board

Syllabus

The Narragansett Pension Board (the Board) appealed from a September 28, 2020 judgment of the Washington County Superior Court ordering the permanent<br>reinstatement of plaintiff Matthew Riley's pension. It contended on appeal that the town's pension revocation ordinance, Code of Ordinances, Town of Narragansett, Rhode Island, Supp. No. 13, § 58-36 (Sept. 18, 2019), was not unconstitutionally vague that this matter \should be remanded to the Board for a rehearing with the newly enacted rules and procedures\ and that, if the issue of the award of attorneys' fees is considered to be ripe for this Court's consideration, the award of attorneys' fees should be vacated.<br><br>The Supreme Court held that the trial justice erred in not conducting an asapplied analysis with respect to the issue of the constitutionality of the pension<br>revocation ordinance. For that reason and due to the lack of factual findings by the Board, the Court held that the matter should be remanded for a new hearing before the Board. The Court further held that the issues raised by the parties with respect to the award of attorneys' fees and the availability of pension benefits for an innocent spouse were not ripe for the Court's review. Accordingly, the Supreme Court vacated in part the judgment of the Superior Court and remanded the case to the Superior Court with instructions that it remand the case to the Board for a new hearing in accordance with the Supreme Court's opinion.