Is Maryland out of step on police misconduct?

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 5^th 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.