Competing stakeholders in Maryland are fighting each other
on the issue of police misconduct and holding officers accountable. Current issues are the State’s Police Officer
Bill of Rights giving officers 10 days before they can be ordered to give a
statement concerning an allegation of use of force. Public elements in Maryland are bemoaning
that officers can’t be suspended without pay unless they are charged with a
felony.
In the Chicago area collective bargaining agreements with
several agencies prohibit a police agency from disciplining an officer who
shows up for work with a BA level as high as .08. This is not an isolated incident. There are other seemingly ridiculous
provisions tucked into other CBAs involving public safety officers.
Many folks contend these are ridiculous provisions that
aren’t afforded to someone who isn’t a police officer. Don’t blame the police unions. Blame the governmental agencies that agree to
many of these provisions. They had a
choice and chose to take the easy way out.
In some cases it also reflects that the government forces don’t know the
law.
Let’s take the requirement to pay an officer who is under
investigation for an allegation of misconduct, unless the officer has been
indicted for a felony. That provision
has been affirmed by the U.S. Supreme Court in a 1997 case involving a campus
police officer (Gilbert v. Homar, 520 U.S. 924). Otherwise the officer has the rights provided
to public employees under the 1985 Loudermill decision of the U.S. Supreme
Court.
Now the 10-day rule in Maryland. Opponents contend that this same privilege
isn’t given to the average citizen.
Well, the citizen can’t be compelled to answer questions under threat of
losing their livelihood. The citizen can
rely on the 5th Amendment and keep quiet. The officer in Maryland, as well as all other
states, must answer the questions posed by the agency and must be truthful or
be subject to being fired. Of course the
officer’s answers in most cases can’t be used against the officer in a criminal
matter involving the same allegation.
Now the matter of the ridiculous provisions of some CBAs
with police officers. I recall
discussing this with a Chief of one of the Chicago area towns who had this
provision. He contended he didn’t know the
town had accepted it, as he wasn’t a part of the bargaining team. Well, shame on him! How can a Chief turn over running the agency
to someone who doesn’t have the same level of knowledge of what tasks are
required to keep a police agency professional?
Police discipline is essential to maintain the professional
level of policing and ensure that esprit de corps isn’t compromised. All of the stakeholders have a rightful place
in these decisions including the public, agency employees, agency management
and the community served. Don’t blame if
one of those stakeholders has fallen down on the job.
