Gibbons v. State of Rhode Island, 95-0310 (1995)

DECISION

Before this Court is the defendant's, State of Rhode Island's, motion to dismiss plaintiff's complaint pursuant to R.C.P. 12(b) (6).

On July 18, 1995, this Court conducted a hearing at which the parties presented oral arguments concerning the aforementioned motion. Defendant argued in support of its motion to dismiss that G.L. 1956 (1990 Reenactment) § 36-4-2.1, Exemption from Merit System, specifically excludes employees of the legislative department from the provisions of the Merit System, and thus, plaintiff is not entitled to the benefits of § 36-4-59, the tenure in state service…