U.S. Department of Justice Office of Community Oriented Policing Services

Transcription

1 U.S. Department of Jutice Office of Community Oriented Policing Service Police Labor-Management Relation (Vol. I): Perpective and Practical Solution for Implementing Change, Making Reform, and Handling Crie for Manager and Union Leader COPS COMMUNITY ORINTD POLICING SRVICS U.S. DPARTMNT OF JUSTIC

2 Police Labor-Management Relation (Vol. I): Perpective and Practical Solution for Implementing Change, Making Reform, and Handling Crie for Manager and Union Leader Thi project wa upported by cooperative agreement #2001CKXK093 by the Office of Community Oriented Policing Service, U.S. Department of Jutice. The opinion contained herein are thoe of the author() and do not necearily repreent the official poition of the U.S. Department of Jutice. Reference to pecific companie, product, or ervice hould not be conidered an endorement of the product by the author() or the U.S. Department of Jutice. Rather, the reference are illutration to upplement dicuion of the iue. ISBN: Augut 2006

3 avigating the Dangerou ater in the Real orld of Police Labor-Management Relation: Practical and Principled Solution for Implementing Change, Making Reform, and Handling Crii for Police Manager and Police Union Leader PROJCT COORDINATORS Ronald G. DeLord, Preident Combined Law nforcement Aociation of Texa Chief Jerry Sander (Retired) San Diego (California) Police Department POLIC LABOR-MANAGMNT ADVISORY TAM Chief Mark Alley Laning (Michigan) Police Department Chief Jerry Hoover (Retired) Reno (Nevada) Police Department Chief Harold Hurtt Houton (Texa) Police Department Officer Philip Cameron, Pat Preident Fort Lauderdale (Florida) Fraternal Order of Police (FOP) Lodge 31 Florida State FOP Lodge Sergeant Mike dward, Pat Preident Seattle (ahington) Police Officer Guild DATA COLLCTION AND SURVY Jutex Sytem, Inc., Huntville (Texa) Profeor Jerry Dowling Dr. Larry Hoover

4 Acknowledgement Acknowledgement Thi complicated project deigned to unravel the world of police labor-management relation and other practical and principled olution could not have been achieved without the concept firt being conceived by ome far-ighted individual who have to navigate in that world. The project coordinator wih to thank the United State Department of Jutice Office of Community Oriented Policing Service (the COPS Office) for it aitance in completing thi project. Robert Chapman and former COPS Office employee Veh Bezdikan were the catalyt for the project. Their guidance and hand-on participation were invaluable. Larry Hoover, Jerry Dowling, and Gene Blair of Jutex Sytem, Huntville, Texa, devoted their time to the project. They have a lifetime of actual police experience and academic obervation on the police labormanagement ituation in the United State. Their cientific urvey i the firt nationwide review of how police manager and police union leader think about iue of mutual concern. Their aitance, advice, and couneling in editing the book were above and beyond the call of duty. Media & Political Strategie, Inc., i a mall firm in Liberty Hill, Texa, pecializing in the production of magazine and newletter for law enforcement union and other profeional aociation. The firm alo conult in political campaign and produce direct mail and televiion and radio commercial. A writer, publiher, and editor, co-owner Shelly ilkion greatly aited in organizing the initial material into a readable format. No book can be written without the aitance of many friend, colleague, and volunteer who devote their time to improving the publication. A pecial thank to Dr. Michael Polzin, School of Labor and Indutrial Relation, Michigan State Univerity; and Dr. Jenny Fleming, Fellow, Reearch, School of Social Science, The Autralian National Univerity, Canberra, ACT, Autralia. i

5 About the Author About the Author PROJCT COORDINATORS Ronald G. DeLord Ron DeLord wa a patrol officer for the Beaumont (Texa) Police Department from 1969 to He erved a a patrol officer and detective for the Mequite (Texa) Police Department from 1972 to In 1977, DeLord wa one of the founder of the Combined Law nforcement Aociation of Texa (CLAT) and wa elected it firt preident. Currently, he i erving hi 10th 3-year elected term. CLAT i the tate larget police union, with more than 15,000 rank-and-file member. DeLord i a coauthor of Police Power, Politic and Confrontation: A Guide for the Succeful Police Labor Leader (Charle C. Thoma, Publiher); coauathor of Unionization in The ncyclopedia of Police Science (Garland Publihing); editor-in-chief of The Ultimate Sacrifice: The Trial and Triumph of the Texa Peace Officer (adworth Publihing); and he i a frequent columnit for American Police Beat newpaper with a monthly circulation of 100,000. DeLord i the author of a paper entitled American Policing at a Croroad: Are Police Union Taking on the Challenge or Impeding Change? that wa preented to the International Police xecutive Sympoium in Prague, Czech Republic, in He i a principal partner in the Police and Fire Labor Intitute that ha conducted labor-training program for police and fire labor leader from the United State, Canada, Autralia, and New Zealand. He i a frequent lecturer on police labor relation at eminar, univeritie, and training program. He i alo the co-program director for the Police Union xecutive Leaderhip Program ponored by the School of Labor and Indutrial Relation at Michigan State Univerity, at Laning, Michigan. DeLord graduated from the 10-week Harvard Univerity Trade Union Program in Cambridge, Maachuett, in He ha a bachelor of cience degree in government from Lamar Univerity in Beaumont, Texa; a mater of art degree in police cience and police adminitration from Sam Houton State Univerity in Huntville, Texa; and a doctorate of juriprudence degree from South Texa College of Law in Houton, Texa. He ha been a licened attorney in Texa ince Jerry Sander Jerry Sander retired from the San Diego Police Department in April 1999 after erving a the chief of police for 6 year. A 26-year veteran of the 3,000-member department, hi aignment included SAT commander, police academy director and commanding officer of two area command. Promoted to commander in 1990, he joined enior management, and a a commander and aitant chief, he commanded Internal Affair, Budget and Management, and the diverity effort. Under hi leaderhip, the department moved into a community policing model with three main trategie: problem olving, community engagement, and creating a 1,100-member citizen volunteer effort to work with officer in virtually every egment of the department. Police Officer Aociation involvement wa a part of each trategy a were reorganizing the department and redefining role and reponibilitie for each of the department rank and work area. During thi period, partnerhip between the community and the police department helped reduce crime by of nearly 50 percent. iii

6 Police Labor-Management Relation (Vol. I) Sander wa a member of the board of director of the Police xecutive Reearch Forum, a member of Major Citie Police Chief Aociation, and the FBI National xecutive Intitute. He retired to become preident and CO of the United ay of San Diego County. He ha ince reigned from United ay to take a poition in the private ector. He erve on numerou nonprofit board throughout the San Diego area. POLIC MANAGMNT ADVISORY TAM Mark. Alley Mark Alley tarted hi law enforcement career a a deputy heriff with the St. Clair County Sheriff Department in Port Huron, Michigan. He joined the 378-member Laning Police Department in 1986, wa promoted to ergeant in 1991, lieutenant in 1995, captain in January 1998, and chief of police in June Chief Alley ha worked in Patrol, Criminal Invetigation, Special Operation, and a a upervior throughout the department. Chief Alley i the author of Community valuate Neighborhood atch, Community Policing xchange, 14, 4 (1997); Volunteer CUTT Down Truancy, Community Policing xchange, 24, 4 (1999); and coauthor of the chapter, Mid-Level Leader in Community Police Organization, publihed in The Move to Community Policing (2001). Chief Alley ha a bachelor of cience degree in criminal jutice from Ferri State Univerity and a mater of cience degree in criminal jutice from Michigan State Univerity. Since 1996, he ha been an adjunct profeor at Michigan State Univerity teaching variou coure in criminal jutice and community policing. Jerry L. Hoover Jerry Hoover tarted hi law enforcement career in 1968 a a patrol officer with the 1,800-member San Diego Police Department. He wa promoted to detective in 1972 and to ergeant in In 1979, he became a lieutenant with the 210-member Boulder Police Department in Colorado, and in 1991 wa appointed a commander. In 1994, Hoover wa appointed a chief of police for the 148-member St. Joeph Police Department in Miouri. In 1997, he wa appointed chief of police of the 519-member Reno Police Department in Nevada. In June 2004 Chief Hoover retired and accepted a poition with a private conulting firm. Chief Hoover i the author of A New Generation of Field Training: The Reno PTO Model, in Solving Crime and Diorder Problem (2001); Melia Reuland, Corina Sole Brito, and Lia Carroll, ed., Police xecutive Reearch Forum, ahington, D.C.; Problem-Baed Learning Manual for Training and valuating Police Trainee (2001), Police xecutive Reearch Forum, ahington, D.C.; Introduction to Policing America: method, iue, challenge (1999), Kenneth J. Peak, Prentice Hall, New Jerey; The Cop Shop, a regular column of the St. Joeph Telegraph newpaper ( ); and Standardized valuation Guideline for Community Policing, publihed in NAFTCO Newletter (July, 1996). Chief Hoover graduated from the FBI National Academy Law nforcement xecutive Development Seminar (LDS) in He ha a bachelor of art degree in anthropology from San Diego State Univerity; a mater of art degree in anthropology from Colorado State Univerity; and a mater of public adminitration from the John F. Kennedy School of Government at Harvard Univerity. He ha completed all the coure work for a doctorate degree in anthropology from the Univerity of Colorado. iv

7 About the Author Chief Hoover i a national conultant to police agencie throughout the United State in police training, critical incident, management, diverity iue, and detructive religiou cult. He i a preenter at national conference on topic of community/problem-oriented policing and leaderhip. Chief Hoover i an adjunct profeor at the Univerity of Nevada. He ha more than 5,000 hour of claroom teaching experience. Harold L. Hurtt Harold Hurtt joined the Phoenix (Arizona) Police Department in He wa promoted to ergeant in 1975; lieutenant in 1978; captain in 1980; major in 1985; and aitant chief in In 1992, he wa appointed a chief of police for the Oxnard (California) Police Department in California and in 1998, he wa appointed chief of police of the 3,700-member Phoenix Police Department. Chief Hurtt ha erved in virtually every capacity in a police department including Patrol, Field Training Officer, Community Relation, Field Operation, Special Operation, and a an executive aitant chief of management ervice. In February 2004 Chief Hurtt accepted the poition of chief of the Houton (Texa) Police Department. Chief Hurtt graduated from the FBI National Academy; the LDS Academy; the FBI National xecutive Intitute Development Seminar; Arizona State Univerity xecutive Development Intitute; and the Senior Management Intitute for Police by the Police xecutive Reearch Forum. He ha a bachelor of cience degree in ociology from Arizona State Univerity and a mater degree in organizational management from the Univerity of Phoenix. Chief Hurtt erve on many board and commiion, including the following organization: Arizona Peace Officer Standard and Training Board, Rio Salado College Preident Adviory Council, Law nforcement Coordinating Committee, The National Conference of Community and Jutice, Arizona Auto Theft Authority, Arizona HIDTA, National Organization of Black Law nforcement xecutive, and Major City Chief Aociation. Chief Hurtt wa elected in 2001 a a member of the Jutice Department Team (Kroll Aociate) to monitor the Lo Angele Police Department conent decree. POLIC UNION ADVISORY TAM Philip D. Cameron Philip Cameron erved a a part-time Sebring, Ohio police officer from 1965 to 1968, and a a police officer in Alliance, Ohio, from 1968 to He joined the Fort Lauderdale (Florida) Police Department in 1970, and retired in 2000 after 30 year of ervice. He wa elected vice preident of the 736-member Fort Lauderdale Fraternal Order of Police (FOP) Lodge 31 in 1986 and wa elected preident of the lodge in Cameron erved a lodge preident until Since 1984, he ha negotiated every collective bargaining agreement between the city and the lodge, and provided legal repreentation for the member. He wa elected vice preident of the 21,000-member Florida State FOP in 1992, and wa elected tate preident in 1996, erving until Cameron alo erve a the adminitrative benefit manager of the $3.2 million Lodge 31 Health and Dental Trut. He ha an aociate degree in criminal jutice from Broward Community College; a bachelor of cience degree in criminal jutice from Hamilton Univerity; and a mater of cience degree in public adminitration from Hamilton Univerity. Cameron i a frequent guet lecturer on collective bargaining and labormanagement relation acro the United State. v

8 Police Labor-Management Relation (Vol. I) Michael D. dward Mike dward i a 24-year veteran of the Seattle (ahington) Police Department. He joined the police department in 1980 and wa promoted to the rank of ergeant in Sgt. dward ha had a variety of aignment with the department, including Patrol, Harbor Patrol, SAT, Proactive Undercover Narcotic, and Traffic. He wa the SAT tactical/training coordinator during the 1990 Goodwill Game and the venue quad leader during the 1999 orld Trade Organization Conference in Seattle. Sgt. dward i active in the Seattle Police Officer Guild, having erved an unprecedented 6 year a preident from 1996 to Currently, he i the vice preident of the Council of Metropolitan Police and Sheriff, a tatewide law enforcement organization in ahington State. Sgt. dward ha a bachelor of art degree in ociology from the Univerity of Texa at Arlington with minor in economic and foreign language. He i a frequent peaker at eminar and college on uch topic a labor-management relation, police integrity, and community oriented policing. CONTRIBUTING AUTHORS Gene G. Blair Gene G. Blair ha bachelor of cience and mater of art degree in hitory from et Texa State Univerity, now et Texa A&M Univerity. He alo ha a mater of art degree in urban affair/criminal jutice from the Univerity of Texa at Arlington. In 2001, Blair joined the police labor-management conulting firm Jutex Sytem, Inc., a director of operation. Blair retired from Sam Houton State Univerity after 22 year of ervice with the univerity well-known Criminal Jutice Center, including aignment a coordinator of the Center Police Academy, aitant director of the Bill Blackwood Law nforcement Management Intitute of Texa, and director of The Intitute for Law nforcement Training. A former criminal invetigator, Blair ha publihed numerou article, ha written one book, and ha conducted training for criminal jutice profeional in 12 tate and Canada. He i retired from the U.S. Army Reerve with the rank of lieutenant colonel in the military intelligence branch. Mark Burge Mark Burge worked a an underground coal miner in the Newcatle region of Autralia from 1978 to Burge joined the New South ale (NS) Police Force in 1988, graduating from the Police Academy in January 1989 and wa poted to the Newcatle Police Station in the NS Hunter Region. He wa in the inaugural cla of the Police Recruit ducation Program (PRP), and wa awarded the PRP Medallion a dux of the program. He remained attached to Newcatle Police Station where he worked doing General Dutie policing, Intelligence, Beat Policing, and Liquor Licening. In 1996 he wa promoted to ergeant a a ditrict licening co-coordinator for the former Upper Hunter Ditrict, which at the time encompaed the Upper Hunter Valley of NS. vi Shortly after receiving that promotion, Burge wa tranferred to Sydney in mid-1996 where he repreented the NS Police Aociation at the Royal Commiion Implementation Unit. NS Police had undergone the ood Royal Commiion into police corruption that lated from 1994 to In that role, he wa the liaion between the police department and the NS Police Aociation regarding all the propoed reform flowing from the Royal Commiion recommendation.

9 About the Author In May 1998, he wa elected preident of the NS Police Aociation, the larget police aociation in Autralia. He wa econded full time to the Aociation and wa re-elected to that poition unoppoed in May In December 2000 Burge reigned from that poition and took up hi current role a chief executive officer of the 47,000-member trong Police Federation of Autralia (PFA). He ha been reponible for realigning that organization with it trategic plan and hifting the PFA office to Canberra, Autralia capital, to enure that it ha a trong lobbying preence with Autralia Federal Government. Burge currently i on leave without pay from the NS Police Department and ha recently moved with hi wife to Canberra. During hi time in policing Burge ha attained the qualification of a bachelor of ocial cience (jutice tudie) in 1995 from Newcatle Univerity a well a a mater of public policy and adminitration in 1998 from Charle Sturt Univerity. Jerry L. Dowling Jerry L. Dowling earned hi bachelor of cience and doctor of juriprudence degree from The Univerity of Tenneee and ha been a profeor at the College of Criminal Jutice, Sam Houton State Univerity (SHSU) ince Hi primary area of teaching and reearch include criminal law, pretrial criminal procedure, legal apect of criminal jutice management, and public afety peronnel and labor iue. In 2001, he wa the recipient of the SHSU xcellence in Teaching Award. In addition to hi academic dutie, Profeor Dowling ha conducted many training eminar for police officer and adminitrator. He i alo the coprincipal of Jutex Sytem, Inc., and erve a editor of Police Labor Monthly. Before joining the faculty of SHSU, Dowling worked a a pecial agent with the Federal Bureau of Invetigation. He ha conducted numerou reearch project and i the author of everal publication in the field of criminal law and police peronnel practice. Sheldon Greenberg Sheldon Greenberg, Ph.D., i aociate profeor of management and director of the Diviion of Public Safety Leaderhip at John Hopkin Univerity. He direct the John Hopkin Univerity Police xecutive Leaderhip Program and the U.S. Secret Service xecutive Development Program. Both program are intene 2-year coure of tudy for elect executive. Dr. Greenberg erve a coordinator of the Mid- Atlantic Regional Community Policing Intitute. He erved a director and aociate dean of the John Hopkin Diviion of Buine and Management, the Univerity buine chool, for 2 year. Before joining John Hopkin Univerity, Dr. Greenberg erved a aociate director of the Police xecutive Reearch Forum (PRF) in ahington, D.C., a law enforcement think tank and center for reearch. Dr. Greenberg directed PRF Management Service Diviion, providing operation and technical aitance to police agencie worldwide. He directed team in aeing more than 50 federal, tate, and local law enforcement agencie. Dr. Greenberg began hi career in Maryland a an officer in the Howard County Police Department (HCPD). During hi tenure with HCPD, he erved a a patrol officer, criminal invetigator, upervior of the youth unit, director of the police academy, director of reearch and planning, aitant to the chief of police, and commander of the Adminitrative Service Bureau. Dr. Greenberg ha worked with the U.S. Marhal Service, U.S. Border Patrol, U.S. Department of Jutice, Federal Bureau of Invetigation, and the U.S. Department of State in a variety of capacitie. He erve a an intructor for the Maryland State Police, the Maryland Police Training Commiion, and other police academie nationwide. He i one of the founding member and pat preident of the Maryland Crime Prevention Aociation. vii

10 Police Labor-Management Relation (Vol. I) Dr. Greenberg ha worked with police agencie in Cypru, Jordan, Kenya, Panama, Hungary, Pakitan, and the Czech Republic. He ha erved on national commiion and tak force on violence in public chool, race-baed profiling, police repone to people who have mental illne, police recruiting, and highway afety. He ha erved on leaderhip committee for the International Aociation of Chief of Police and the Commiion on Accreditation for Law nforcement Agencie and i a member of the aement committee for the FBI National xecutive Intitute. He i the author of everal book including Stre and the Helping Profeion, Stre and the Teaching Profeion, and On The Dotted Line, a guide to hiring and retaining police executive. Dr. Greenberg erve a an expert witne on police operation in federal and tate court. ill Harrell ill Harrell aumed the pot of executive director of the American Civil Libertie Union (ACLU) of Texa in April, Harrell degree include a bachelor of art in hitory from the Univerity of Texa at Autin in The American Univerity granted him a Juri Doctorate degree in 1990 and an LL.M in International Law in Harrell alo tudied at Oxford Univerity. Harrell ha taught law in cuador, lectured on human right litigation in Chile, proecuted human right abue in Guatemala, Mexico, Peru, Haiti, the United State and elewhere, upervied election for the U.S. Department of State in Bonia Herzegovina, and repreented migrant farm worker in Colorado. Hi firt legal pot wa at the ACLU National Prion Project. Before he took the executive director pot at the ACLU of Texa, Harrell worked a an executive director of the New York City-baed National Police Accountability Project, a project of the National Lawyer Guild and the Center for Contitutional Right. Before becoming a lawyer, Harrell worked for Repreentative Mickey Leland (D-Texa) and the Congreional Black Caucu in ahington, D.C. A a law tudent, he worked in the General Counel Office of the Metropolitan Police Department in ahington, D.C. and the Ditrict Attorney office in Manhattan. Harrell and the ACLU of Texa advanced a comprehenive criminal jutice reform agenda before the Texa Legilature during the 77th and the 78th eion. For that 2001 effort, Harrell wa awarded the eteemed Torch Bearer Award from the National Aociation for the Advancement of Colored People (NAACP), wa noted a Bet of the Legilature by the Hipanic Journal, and wa profiled in the Autin Chronicle Critic Choice: Politic and Peronalitie. The Texa Law Fellow named him Public Interet Lawyer of the year in In July 2003, Harrell wa acclaimed Chevy Truck Lone Star Hero by the 140 tation affiliate Texa State Radio Network. In 2005, Harrell received the Diamond Jubilee Award from the League of United Latin American Citizen for hi advocacy for the right of Latino. Harrell it on the Adviory Board of the Texa Journal on Civil Libertie and Civil Right. Larry T. Hoover Dr. Larry Hoover received hi Ph.D. from Michigan State Univerity and ha been on the criminal jutice faculty at Sam Houton State Univerity (SHSU) in Huntville, Texa ince Dr. Hoover i a pat preident of the Academy of Criminal Jutice Science, and the recipient of the 2001 O.. ilon Award from it Police Section and the 2003 Founder Award. He i alo the co-principal of Jutex Sytem, Inc., publiher of Police Labor Monthly. He direct the Police Reearch Center at SHSU, and i the recipient of the Univerity xcellence in Reearch Award. viii

11 About the Author A former police officer in Laning, Michigan and training coordinator with the Michigan Law nforcement Officer Training Council, he alo erved on the faculty at Michigan State Univerity. He i editor of the anthologie Police Management: Iue and Perpective, Quantifying Quality in Policing, and Police Program valuation, all publihed by the Police xecutive Reearch Forum, and coauthro of nduring, Surviving, and Thriving A A Law nforcement xecutive, Charle C. Thoma Publihing. Ted Hunt Ted Hunt ha been a Lo Angele Police Officer ince He i the immediate pat preident of the Lo Angele Police Protective League (LAPPL), which i the larget police union in California. He remain on the board of director of the LAPPL and i the manager of public advocacy. Before becoming an LAPPL director, hi LAPD career wa primarily pent in uniformed patrol, traffic colliion invetigation, and a an intructor at the Lo Angele Police Academy. Hi Academy aignment included primary academic intructor (1985 to 1991, 1994) and coordinator of executive and management training (1992 to 1994). He i a member of the following board and commiion: Chair, California Commiion for Peace Officer Standard and Training; chair, Alcohol Beverage Control Appeal Board, State of California; xecutive Board, ergeant-at-arm, National Aociation of Police Organization; director, California Peace Officer Memorial Foundation; director, Lo Angele Police Hitorical Society; director, Center for Police Organization Studie, Univerity of La Verne; pat preident, California Coalition of Law nforcement Aociation; Aociate, Peter F. Drucker Foundation. Hunt earned hi doctorate in public adminitration from the Univerity of La Verne in He ha poken at National Open Univerity in Taiwan, National Police Univerity in Taiwan, National Sympoium of Police Integrity ponored by the U.S. Department of Jutice, Harvard Univerity Trade Union Intitute, Univerity of California Lo Angele, Univerity of La Verne, and other univeritie in Southern California. He wa awarded the California National Guard Commendation Medal for meritoriou ervice during the 1992 civil unret in Lo Angele, the Lo Angele Police Department Meritoriou Service Medal, and four other ervice ribbon. He recently received the California Gold Star for xcellence in Leaderhip ponored the heriff of five of the larget countie in California. Dale Kinnear Dale Kinnear joined the Ontario Provincial Police in 1975 and hold the poition of contable. Since the early eightie he ha been actively involved in police labor relation with the Ontario Provincial Police Aociation (OPPA). He ha repreented the OPPA at the local, provincial, and national level. In 1996 he wa hired a the director of Labour Service for the Canadian Police Aociation, on econdment from the Ontario Provincial Police. A director of Labour Service, Contable Kinnear i reponible for information haring on collective bargaining and all other apect of police labor relation between police aociation in Canada and with the international police aociation community. ix

12 Police Labor-Management Relation (Vol. I) Contable Kinnear ha repreented police aociation member on iue dealing with police tandard and regulation, regulation of the private ecurity indutry, occupational health and afety, police accountability, police governance, police penion, and numerou conultation on federal and provincial legilation. He i alo very active in fundraiing for the National Police and Peace Officer Memorial Service. ith the Augut 2003 merger of the Canadian Police Aociation and the National Aociation of Profeional Police into the Canadian Profeional Police Aociation, Contable Kinnear i proud to repreent 52,000 front-line police peronnel in Canada. Michael J. Polzin Michael Polzin, Ph.D., i an aitant profeor in the School of Labor and Indutrial Relation (SLIR) at Michigan State Univerity in at Laning. Hi primary aignment i working with PIRS, the Program on Innovative mployment Relation Sytem. PIRS i an outreach unit of the SLIR that work only with public and private-ector unionized organization, facilitating change initiative that are jointly deigned and implemented by union and management. He ha alo taught coure on training and development in SLIR mater degree program for a number of year. Dr. Polzin ha been engaged in workplace education and organizational development for more than 20 year. He pent 3 year with Ditrict 1199C, National Union of Hopital and Health Care mployee a deputy director of a tatewide training and upgrading program for nuring home worker. For 5 year, he worked on the education/organizational development taff of a Philadelphia-baed conulting firm that created democratically tructured, unionized, employee-owned enterprie. Dr. Polzin alo worked for everal year on the taff of the Michigan Governor Office for Job Training to promote employee ownerhip, gain haring, and participative work ytem to union and management leader throughout the tate. More recently, Dr. Polzin deigned and managed a reemployment reource center in Michigan Geneee County that aited worker dilocated from profeional, technical, and production/ervice level poition to ecure new employment in a timely fahion. Dr. Polzin ha taught in the Labor Studie Program of Penn State Univerity and the Union Leaderhip Academy of Rutger Univerity. He ha alo taught coure for Grand Valley State Univerity and in the Mater of Management program of Aquina College. Dr. Polzin hold a degree in pychology from Aquina College and a doctorate in adult education from Temple Univerity. Hi doctoral diertation explored intrinic and extrinic factor that influenced worker participation in workplace deciion making. He i the co-program director of the Police Union xecutive Leaderhip Program ponored by the SLIR at Michigan State Univerity. Michael R. Shannon Michael R. Shannon i a coauthor of Police Aociation Power, Politic and Confrontation publihed by Charle C. Thoma, Ltd. Although marketed to law enforcement aociation, the book i a text on meage development, public relation, crii communication, and coalition building that i valuable to any union, aociation, or organization that ha a tory to tell. x Shannon political, meage development, public relation, and media training client lit ha included the Minneapoli Federation of Police, the Orlando (Florida) Fraternal Order of Police (FOP) Lodge, Philadelphia FOP Lodge, the Combined Law nforcement Aociation of Texa, the Univerity of Tenneee Command College, the Fort orth Police Officer Aociation, the Indiana State Police Alliance, the Aurora, Colorado, Police Aociation, the Colorado Spring Profeional Firefighter Aociation and police and fire penion group under the aegi of the Information Management Network.

13 About the Author He i on the faculty of the Police and Fire Labor Intitute and ha lectured and conducted training eion on meage development, public relation, crii communication, and radio and televiion for the Minitry of Foreign Affair in Irael, the Univerity of Virginia Sorenon Intitute, The Jewih Intitute for National Security Affair, Governing magazine, the National Coalition of Public Safety Officer, Campaign and lection magazine, the American Medical Aociation, the American Aociation of Political Conultant, the American Cancer Society, the Ohio ducation Aociation, the Texa Medical Aociation, and the Texa ducation Aociation in the United State. He alo ha lectured and conducted training eion for the United National Congre in Trinidad and Tobago, Unia olnoci in Poland, Project Venezuela in Venezuela, and for NDI in Croatia. In addition to hi work with MANDAT, a public affair and media conulting firm, Shannon ha been a commentator for KRA televiion and the Fox Morning New, written opinion editorial for the Dalla Morning New and the Arkana Political Report. He wa formerly a contributing editor for the Computer Shopper and ha written for MacUer and other magazine. The work Shannon ha done in the radio and televiion arena ha been recognized for both creativity and effectivene. He i a multiple firt-place winner in the American Aociation of Political Conultant Pollie award. Shannon won back-to-back firt-place Silver Microphone award for radio commercial. He i a three-time winner of the pretigiou Gold tatue at the Houton International Film Fetival. In 1994, Shannon won firt place in the Viion Award for televiion. In 1998 and 1999 he won the Silver Microphone for bet campaign. After leaving the Univerity of Oklahoma, where he majored in broadcat journalim and wa awarded a Phi Beta Kappa key, Shannon firt job wa a an anchor on an ABC outlet in et Texa. He went on to be a correpondent for the Texa State New Network and an editorial writer and columnit for the Dalla Morning New. Since 1993, Shannon ha been a reerve police officer, firt with the Fairfax County Police Department, and mot recently with the Town of Dumfrie Police Department, both in Virginia. xi

14 Author Note Author Note To implify the term ued in thi project, the term police, police officer, police department, or law enforcement agency will include municipal, county, pecial ditrict, tate, or federal law enforcement officer and agencie. The term police chief will include police chief, heriff, contable, or the head of a law enforcement agency. The term law enforcement executive, police manager, or police management will include the head of the law enforcement agency and the command taff of the agency. The term government adminitrator will include city manager, county manager, or the chief adminitrative officer of municipal, county, pecial ditrict, tate, and federal government. In the public ector, epecially among law enforcement labor organization, you are more likely to ee the term aociation or lodge, intead of union, attached to the name of the organization. The Fraternal Order of Police (FOP) ue the term lodge to decribe it affiliated group. Some organization ue aociation in their name and are alo FOP lodge. Affiliate of the International Union of Police Aociation (IUPA, AFL-CIO) and the International Brotherhood of Police Officer (IBPO/NAG, AFL-CIO) tend to ue the term union more often in their organizational name. Independent law enforcement labor organization, not affiliated with FOP, tend to ue combination of the term police officer aociation, police aociation, or police benevolent aociation. Independent labor organization in heriff department generally ue deputy heriff aociation, heriff officer aociation, or deputy heriff benevolent aociation. There i no one common denominator when it come to organizational name or affiliation. e will ue the term police union or law enforcement union to include all law enforcement labor organization regardle of their agency or organizational affiliation. ith 80 percent or more of the nation law enforcement officer in employee organization unaffiliated with the AFL-CIO, the ue of the term union caue many law enforcement officer to britle and try to explain why how their employee organization i really an aociation or lodge. It i jut a matter of emantic becaue aociation, union, and lodge are all labor organization if they are formed by due-paying employee deiring to improve their wage, hour, and working condition through collective bargaining, collective action, or collective begging. xiii

15 Preface Preface The purpoe of thi project wa to create a practitioner guide for police manager and police union that eek to unravel the myterie urrounding the two ide of policing, and offer ome principled and practical olution to urviving in the 21t century world of policing that i becoming more and more complex and complicated. The baic goal of the project were the following: Survey police union and police management on the current tate of labor-management relation in their agencie with an emphai on implementing change in the direction and operation of the law enforcement agency or reform in the agency Analyze the urvey data to determine thoe apect of the labor-management relationhip that would appear to be the mot cooperative and thoe apect that would appear to be the leat cooperative when the law enforcement agency i deirou of change or reform, i.e., what i working and what i not Create a model police labor-management proce to implement change and reform the law enforcement agency Develop an educational and training program for police union leader and police management in how to implement change in a law enforcement agency in a cooperative manner tablih method to encourage police union and police management to work together to make the reduction of crime a part of their relationhip (with or without the right to collective bargaining) and to develop a hared viion of a afer community. Thi project wa not deigned to be a how to book on collective bargaining, grievance handling, arbitration, or bargaining impae reolution. Change or reform of a law enforcement agency would include, but not be limited to uch traditional change agent a the ue of force by police, corruption in the agency, ineffectivene or inefficiency of the agency, racial profiling and other minority complaint, diverity in promotion and in hiring, and mimanagement of agency peronnel and reource. The project wa to include information on how to gain the cooperative implementation of community-oriented policing concept by creating ownerhip in the program for the police union and police management. The mot eriou problem facing the police profeion in the 21t century i how to implement change or reform in a law enforcement agency in the mot cooperative manner with the leat amount of diruption to the operation of the agency. The police are one of the mot powerful and viible arm of the government. Individual police officer are empowered to detain, arret, ubdue, and under jutifiable circumtance, injure or kill a citizen in order to perform their dutie. Police officer are reluctant and reitant to change or reform, epecially when the officer perceive the change or reform a politically motivated. A cae in point i that depite an obviou hue and cry for citizen control of the police by elected official, the media, and the public, the few exiting citizen review board in the United State generally are powerle to invetigate or charge individual police officer with miconduct or implement reform in a police department. xv

16 Police Labor-Management Relation (Vol. I) In general, elected official preure the city manager to implement change in the police department. The city manager then put preure on the police chief to make the change demanded by the elected official. The police chief, who i appointed by the city manager, then iue order for the change to rank-and-file officer. The rank-and-file officer ee the change a arbitrary or politically motivated and demand that their union leaderhip fight the change. The media ee a controvery and headline the conflict between labor and management. The public watche the firework. Thi pattern of arbitrary implementation of change or reform without conultation with the police union or the rank-and-file officer caue diruption in the operation of the department. The police union and the police officer have no ownerhip in the propoed change or reform. hile there have been regional tudie on cooperative police labor-management relation, there doe not appear to be any reearch, literature, or training dieminated nationally on the broader ubject of implementing change or reform in a law enforcement agency in uch a manner that both police management and the police union have ownerhip in the change or reform. The project coordinator and the adviory team member found the following deficiencie: There ha not been a national urvey of police union or police management on the current tate of labor-management relation about implementing a change in the direction and operation of the law enforcement agency or reform of the agency. There ha not been a national urvey of police union and police management to determine thoe apect of the labor-management relationhip that would appear to be the mot cooperative and thoe apect that would appear to be the leat cooperative when the law enforcement agency deire change or reform. Bet- and wort-cae tudie are not available on what i working and what i not working. There i no national model police labor-management proce for implementing change or reform in a law enforcement agency. Neither the police union nor police management eem to undertand or appreciate the external and internal demand on each other. Traditionally, police union and police management have exited at arm length with each ide viewing the other a adverarie. ach agency ha a hitory, culture, and tradition that hape it police labor-management relation. The cycle of conflict, confrontation, and dicord between labor and management ha become a comfortable way of doing buine. The communication between police union and police management i often nonexitent, which create a potential for diruption of police operation and delivery of ervice to the public. Both police labor and management have preconceived attitude about each other that hape their deciion-making procee. Add to thi volatile mix the external and internal politic that exit in the management and operation of all law enforcement agencie. All of thee factor work to prevent cooperative labor-management relation and thwart implementation of change or reform. There are no national educational and training program for police union leader and police management in how to implement change in a law enforcement agency in a cooperative manner. hile there are training manual, eminar, and literature on traditional police labor-management relation, thee program are targeted toward wage, hour, and condition of employment in law enforcement agencie with formalized collective bargaining or a grievance procedure. Traditional labor-management program are deigned to have a winner and loer in each ituation. There i a need for cooperative interaction between police union and police management daily and not jut during the collective bargaining proce, grievance, or arbitration. xvi

17 Preface ho hould be reponible for reducing crime and working to make the community afer? One would think the police union and police management would be the primary player. There have been no method developed to encourage police union and police management to work together to make the reduction of crime a part of their relationhip. The primary relationhip between the police union and police management generally i limited to collective bargaining, grievance, and arbitration. Police union tend to concentrate on wage, benefit, and working condition, whether they have collective bargaining right or collective begging. Police management tend to concentrate on control and dicipline iue. Rarely do police union and police management have a hared viion of the type of department they deire. None eem to have a hared viion of how to make the community afer. To further complicate the attempt to implement change or reform i the lack of undertanding that the role played by police management, local government adminitrator, elected official, the media, and the public in the proce are all co-mingled and overlapping. There i no practitioner guide for police union and police management on how to deal with thee external phere of influence. All effective change mut tart with a conenu of the officer affected by the change, the agency head, the local government adminitration, the elected official, the media, and the public if the change i to be implemented with minimal conflict. Thi practitioner guide to police labor-management relation fill an exiting gap in the ability of police union and police management to work cooperatively to implement much needed change or reform in their agencie. Related Guidebook One of the objective of the project wa to create a practitioner guide for training police manager and police union leader to implement change, make reform, and handle crii in their law enforcement agencie. The project manager decided that a eparate and ditinct reource hould be written that would addre that objective. Profeor Michael Polzin from the School of Labor and Indutrial Relation at Michigan State Univerity in at Laning, Michigan, and CLAT Preident Ron DeLord developed a propoal to do the eparate training guide book under the aupice of thi project grant. hile Police Labor-Management Relation (Vol. I): Perpective and Practical Solution for Implementing Change, Making Reform, and Handling Crie for Manager and Union Leader and Police Labor-Management Relation (Vol. II): A Guide for Implementing Change, Making Reform, and Handling Crie for Manager and Union Leader are interconnected, each book can be read eparately by police manager and police union leader. xvii

18 Introduction Introduction MANAGMNT AND LABOR IN COMMUNITY POLICING: CHARTING A COURS By Larry T. Hoover, Jerry L. Dowling, and Gene Blair Sam Houton State Univerity and Jutex Sytem, Inc. hy Dangerou ater? Since the inception of organized labor, both management and union repreentative have truggled to maintain a balance between advocacy and antagonim. veryone recognize that there i a fine line between the two. e expect both management and labor to maintain a trong and healthy advocacy role. e recognize that when the line i croed and management and labor become antagonitic, everyone uffer. But that line i croed with regularity. Indeed, in ome enterprie in America extreme and unyielding antagonim have reulted in the ruin of the organization, the ultimate loe loe outcome. The problem i no eaier to handle in law enforcement than in any other enterprie. Depite the fact that policing i a public-ector occupation, that police union are uppoed to be quaiprofeional aociation, and that there i a prohibition againt the ultimate job action (a trike), neverthele relation frequently degenerate. Police manager often characterize relationhip with the union a their mot treful role, even more treful than with the American Civil Libertie Union or problematic city council member. Police union official, on the other hand, frequently characterize the management of their organization a impoible to work with. Recent effort to be innovative in police role and repone have brought the iue to the forefront. ffort labeled Community Policing, a well a thoe labeled CompStat, require new role, cheduling flexibility, aignment change, and above all, commitment and cooperation by all partie. Old animoitie between management and labor can eaily abotage any effort at innovation in policing. New mode of policing do not alleviate ource of train that traditionally exit between management and labor in law enforcement; intead, they exaperate them. That i what thi book i all about. Undertanding the iue i the firt tep toward cooperation in the profeional development of law enforcement. Undertanding the iue doe not guarantee agreement, nor i it a vaccine againt antagonim. But it i an important tart toward building management and labor partnerhip and toward finding at leat a few win win innovation. Organizing Boat into a Fleet To tate the obviou, there i inherent conflict between management and labor, a conflict o fundamental that becoming one big happy family i a pipe dream. Variation in role dictate conflict. The quetion, of coure, i whether that conflict can be kept within what we might conider a healthy range. mployee aociation mut be an advocate for their memberhip. A reaonable reaction to uch a tatement might be ell, ye, of coure. But the iue goe beyond thi implitic obervation. There i an expectation by the memberhip that a union will be a trong, outpoken, vigorou advocate for the memberhip. If elected union officer are perceived a getting into bed with management they won t lat long. Think of a parallel in the legal ytem. A plaintiff in a lawuit might be a little uncomfortable walking xix

19 Police Labor-Management Relation (Vol. I) into a retaurant and finding hi attorney having dinner with the attorney for the defendant. There i an expectation that one repreentative in an inherently adverarial relationhip maintain ome ditance from the repreentative from the other ide. In a political context, we don t elect a our repreentative a Democrat expecting that individual to go on vacation retreat every few week with the Republican caucu. e expect cooperation and civility, but we alo expect individual who play a repreentation role to keep an arm length from advocate from the other ide. hen union leader become too cozy with management, they are no longer truted, and they are no longer reelected. Thi ha profound implication for the role of union leader. Put imply, they mut maintain ome level of conflict if they expect to tay in office. If everything i unhine and daiie, if there are no problem with management, union official may find themelve no longer needed. Thi alo ha implication for the implementation of community policing endeavor. A labor organization will not greet propoal for weeping change in philoophy and approach with unquetioning enthuiam. Labor organization are inherently mitrutful of change. That i their role. The memberhip that elected them expect them to challenge new idea. Further, the firt repone i not likely to be hat in thi for our citizen? but rather, hat in thi for our memberhip? That reaction i not likely to it well with manager jut back from a conference about the need for innovation in law enforcement. Police chief are often heard to ay word to the effect that no matter how good a job you do at cultivating poitive relationhip, they ll find an iue. Police chief are eentially correct. Although union leader do not intend their action to be detructive, or to undermine baically poitive working relationhip, they mut maintain ome level of train. Put a little differently, they mut at leat occaionally fan the fire if they are to remain in office. Police manager who undertand that are not a likely to peronalize the conflict. One mut undertand that thi doe not preclude cooperative, productive relationhip. Management and labor can, and frequently do, work together for the better good of the organization and the clientele erved by the organization. But there are limit to joint, cooperative effort. If everyone undertand the limit there will be le rancor. A police chief who take office expecting that engagement and cooperation with the union will bring 100 percent upport 100 percent of the time i in for a rude awakening. It will not happen. And, after all, it mut be remembered that many an innovation tried by management failed (a would be expected). Many an innovation turned out to indeed be thi year fad within the International Aociation of Chief of Police. The union probably hould be keptical. Some healthy kepticim by at leat one element of the organization might be a good thing. Laying the Keel: Developing Trut in Relationhip Active engagement with a police officer aociation will accomplih far more than hotile iolation. Reponibility for uch engagement lie with management, not labor. A police manager, however, need to clearly articulate the nature of uch engagement and it limitation. Some police chief and heriff are comfortable with a repreentative of their police officer aociation attending any or all taff meeting. Some are not. Some are comfortable having an official repreentative of the aociation on all internal agency developmental tak force, ome ak the union to participate only on elected tak force. Other would prefer to engage the union only in deignated meeting that are particularly deigned for labor-management communication. hat i eential i ome level of engagement, and that everyone undertand the rule. Community policing initiative require planning, retructuring, and reallocation of reource. There i no precriptive formula for union participation in uch effort; however, it i relevant that community policing effort are by definition a challenge to traditional policing tyle. It would certainly eem prudent under uch xx

20 Introduction circumtance to engage the union early and often in one forum or another. The cae tudie contained in thi book, Chapter 12 San Diego, Chapter 13 Autin, and Chapter 14 Stamford, illutrate the value of uch engagement. ho i the captain of the hip? Many police manager are adamant about taying within the agency chain of command, but conitently violate it. There i a hierarchy of elected aociation official in every police aociation. One violate that hierarchy with the ame rik that one violate the correponding hierarchy in the police department. If a police chief or heriff clahe with the union preident, or he or he imply dilike the individual, it i eay to inadvertently lip and tart communicating with the more reaonable union ecretary intead. Thi plot a coure for even more problem. ngagement in community policing planning and implementation hould be formal, and within the union chain of command. Little thing can make a great deal of difference in the proce of developing relationhip with police aociation repreentative. It will not help matter if meeting are alway held in the chief office with the chief itting at the head of the table. Uing informal etting, or, at the very leat, a generic conference room etting, communicate a great deal. hile a level of informality in the nature and tructure of meeting i adviable, one mut be careful about informality regarding labor-management agreement. The potential for miundertanding i enormou. Particularly problematic form of informal agreement are ecret deal. A ecret deal might take the form of a union preident aying Look, we re going to make a public tir about not uing eniority a a criteria for aignment to the SRO program, write a piece about it in the union newpaper and uch, but really expect you to go ahead a you ee fit. hat we really want i for you to do XYZ, and a long a that happen; don t worry about eniority and the SRO program. The police chief quietly nod hi head. The role, of coure, might be revered, with the police chief making the propoal. The point i that the proce of reaching ecret deal in t really much different from the proce of tructured bargaining. It i a form of you give me thi, and I ll give you that. Hence, it i eay to lip into the trap of conummating uch agreement. Secret deal are very dangerou water to navigate. hile it would be overly dogmatic to ay that uch an arrangement hould never, ever be done, it certainly i not overly dogmatic to ugget that it be done very carefully, and only rarely. More important than any other element of relationhip maintenance eparating economic advocacy from iue pertaining to agency management. Thi can be problematic regarding iue pertaining to community policing. Firt to note i that a police chief or heriff hould never become an economic advocate for the juridiction concerning limit on wage or benefit. A police adminitrator need to have a clear undertanding with hi or her bo that he or he will not play uch a role. The poition of a police chief during economic negotiation hould be very imply, My officer deerve a much money a the juridiction can poibly afford to give them. Thi poition i a claic neutral one. My officer deerve a much money a poible i a proper advocacy poition for the department officer. But the caveat a much a the juridiction can poible afford to give them clearly acknowledge the role of the police adminitrator a a juridictional adminitrator. Agency management alway need to be at the bargaining table on the ide of management to protect management right. But they need to excue themelve when the management team caucue on economic iue. Thi baic poture for management can be difficult to maintain regarding community policing implementation. For example, a union might have trong feeling about the need for pecialit aignment bonu pay. There already may be an extenive lit of aignment that engender uch extra pay. A police manager wihing to implement innovative pecialit role community reource officer, chool reource xxi

21 Police Labor-Management Relation (Vol. I) officer, a pecialit role in nuiance abatement, an officer aigned to cyber crime may find effort blocked becaue the union init on more money for officer o aigned and the budget will not allow it. It i eay under uch circumtance to inadvertently lip into negotiating the economic package with the union. Union leaderhip, on the other hand, need to exercie great caution in mixing economic demand with thoe pertaining to working condition. Advocacy of an economic hift differential hould be eparated from advocacy of hift election by eniority. Although frequently treated a uch, they are not interchangeable concept at the bargaining table; one hould not be traded for the other. Further, repreentative of police aociation hould be expected to exercie retraint on diminution of management right. A naive negotiator from a juridiction may offer to give up management right for economic conceion. The temptation by union repreentative may be overwhelming to accept uch a bargain. But for the long run, it i a bad bargain and hould not be truck by either ide. To draw a parallel a proecutor who purue a cae with legitimate doubt about the guilt of the accued i not erving hi or her profeion well. e expect an ethical code that place jutice firt and winning cae econd, at leat among tate attorney. Similarly, a profeional aociation, police union hould operate with a higher tandard than winning conceion, any conceion, at the bargaining table. It i a legitimate trade-off; union hould be able to trut police management to do no harm in their effort to win better economic package. Police manager hould be able to trut union official to do no harm regarding to the ability of management to effectively allocate and deploy carce reource to control crime. If that practice already exit a tandard operating procedure, then far fewer iue will arie with regard to community policing, CompStat implementation, or other change effort. Launching the Ship: Iue Germane to Community Policing Implementation The core iue dicued above are directly relevant to labor-management relationhip pertaining to the implementation of community policing. Community policing require flexibility. Traditional labor agreement contrain flexibility, in particular, regarding aignment and cheduling. Some agreement go ever further and contrain flexibility in delineating occupational role and reponibilitie. Unle renegotiated, rigidly enforced contraint of thi nature can inhibit the implementation of community policing ubtantially. Contraint on cheduling flexibility are a good example. A part of community policing effort, many agencie have created full-time community policing pecialit role. Nomenclature varie; term ued include neighborhood patrol officer, ditrict area repreentative, and community liaion officer, among other. e will ue the term community reource officer. Community reource officer are aigned a collection of beat. For that collection of beat, they are reponible for tructured community contact, problem olving, intergovernmental communication, quality-of-life iue, and a liaion role. The range of reponibilitie obviouly varie ubtantially by juridiction, but thi decribe what i typical. Addreing thi range of reponibilitie require flexibility in chedule. Community meeting do not alway occur on the ame hift on the ame day of the week. hile a community reource officer might need to meet with a buine group at noon one day, he or he may need to meet with a neighborhood aociation at 7:00 PM the next day. A traight 8:00 AM to 4:00 PM work hift doe not accommodate thi kind of reponibility. Following up on a problem for a problem-olving effort may require working during the ame week one morning, two afternoon, and an evening. Implemented ideally, community reource officer work an ongoing flex chedule with the hour in any given week determined jointly between the officer and hi or her upervior. But if a contract proviion tipulate that overtime i paid if there i any le than a 16-hour gap between hift, there are obviou problem. hat wa equitable and worked well in tandard patrol aignment doe not necearily work well for the role of a community reource officer. xxii

22 Introduction The role of detective provide a econd illutration of potential problem. Decentralization and refocu of reponibility under community policing model ha reulted in change in the traditional dichotomy between the role of patrol officer and that of detective. In a traditional etting, the role of detective wa treated a eentially a rank. Indeed, many agencie have invoked the promotion teting proce for the rank of detective. hile the detective ergeant model i eldom ued anymore, a ditinctive pecialit rank for the detective deignation i common. Among the role change fotered by community policing are hybrid poition omewhere between a patrol officer and a traditional detective poition. In ome cae, thee role have evolved from the creation of an initial role of community reource officer. here the community reource officer role ha evolved to be more crime centered and directly upportive of patrol, what ha actually reulted might better be called crime control officer. The problem they chooe to focu on are crime problem. They work thoe crime problem in term of problematic location and problematic people. They olve the problem both through utained follow-up invetigation of related cluter of offene and target hardening. They do not fit the mold of traditional detective aignment by pecialized crime categorie burglary offene, auto theft, or crime againt peron. They do not carry a caeload in the traditional ene; neverthele, they often work individual cae if that cae i part of a problem pattern. Under thi model, invetigation become an aignment rather than a rank. If a contract tipulate that the role of detective i a rank, particularly a teted rank with a alary upplement, then it i likely that there will be conflict between the evolving role of a problem olver invetigator and traditional detective requirement. Management i likely to gravitate toward the new model becaue an aignment model for invetigation provide more peronnel flexibility, le cot, more rapid redirection of reource, and peronnel can eaily be reaigned if they do not perform well. A third illutration of role ambiguity i haped by emergent technology. The application of emergent technology to law enforcement demand ophiticated pecialit. Particularly in large juridiction, pecialit role are evolving in cybercrime, international and trannational crime, networked information ource, crime cene proceing, and forenic expertie. Are thee patrol poition or invetigator poition? Do thee role jutify upplemental pecialit pay? Can thee role be taffed by traditional aignment technique, particularly eniority, or mut management have total flexibility to match talent to aignment? hile we might init on eniority a a criterion for many poition, i it realitic to even conider eniority for the role of a cybercrime expert? Yet another problematic development i the growing popularity of CompStat-tyle interdiction trategie. There are a number of critical element in the CompStat proce, including the following: Accountability of peronnel Focuing dicretionary reource on immediate crime problem Addreing crime problem in creative way Integrating effort that cro traditional police organization chart to addre particular crime problem. Originally conceived in New York City a predominately a tactical approach for patrol, New York and other agencie uing the CompStat model have found that invetigation mut be tightly integrated. Like community policing effort, aignment and chedule flexibility are critical element to the ucce of CompStat. It thu raie all the iue of labor-management tre encountered in community policing model. xxiii

23 Police Labor-Management Relation (Vol. I) Dilemma Created by New Model of Policing For many of the iue decribed, labor perceive itelf caught between a duty to repreent it memberhip (in both employee right and economic benefit) and an obligation to foter progreive law enforcement. Immediately granting management the right to impoe flexible cheduling for community reource officer may initially appear to imply be the right thing to do. But i uch a conceion a problem of opening Pandora box? How oon will it be before detective are required to work morning, go home for 4 hour, and then come back for the evening without additional compenation? How long will it be before flex-hour become extra hour? Should a labor organization upport the creation of a hybrid patrol problem olver/ invetigator role which i an aignment, not a promotion, and not even an extra pay pecialit role? One enviion a police union preident gazing acro the treet to the fire department and contemplating that half of the nonuperviory memberhip of the International Aociation of Fire Fighter (IAFF) i receiving upplementary pay for pecialit role a driver, chauffeur, or engineer. I our police union preident to forake pecialit role upplement for the rank-and-file that he or he repreent? By demanding aignment pay i he or he milking community policing for all it worth or obtaining legitimate benefit for increaed reponibilitie aumed? If he or he give up eniority a a criterion to be conidered for aignment, i thi giving management needed flexibility, or giving away member right? Thee are not eay quetion to anwer. Navigational Hazard: The National Survey A part of the exploration of management and labor cooperation, a practitioner urvey from a national ample wa conducted in 2002 by Jutex Sytem, Inc. The urvey aeed the contrating perception of police chief and union preident about the extent of cooperation and iue that generated tre between management and labor during the change proce. Parallel verion of a urvey intrument were ditributed to chief and labor organization preident of all municipal agencie with population greater than 100,000. In addition, a ample of 10 tate police agencie wa included, and 48 agencie with population of le than 100,000 who were identified a agencie with organized labor aociation and concerned with labor relation iue. A total of 181 urvey were returned, a rate of 36 percent for management (chief) and 19 percent for labor organization (preident). Repone rate were conidered ound, particularly given the fact that large agency police chief receive innumerable urvey and are buy profeional. Their union counterpart may not receive a many urvey, but are certainly equally buy. The 181 repone from major American police agencie provided a reaonable picture of the iue involved. Data from the urvey referenced in thi chapter may be found in Appendix A. Given that the urvey were ditributed to chief and labor organization preident in primarily large agencie, reult are obviouly more applicable to that environment. At the ame time, it i in that environment that one would expect the mot eriou communication and cooperation iue to arie. Repondent Profile Agency head had about the ame tenure a their union counterpart; both averaged cloe to 5 year in their leaderhip poition. hen it came to total law enforcement experience, chief had a 10-year advantage over the union preident, which amounted to 50 percent more experience. Both poition tended to be filled by omeone who had worked hi or her way up through the organization. Mot union preident xxiv

24 Introduction moved through other office en route to their current office. A little more than half of all repondent reported operating under the aupice of a formal contract, negotiated under an enabling tate law. About 22 percent had a memorandum of undertanding, a few had a locally authorized memorandum or letter of agreement, and a mall number reported having no formal agreement whatoever. Meeting Frequency Monthly meeting are preferred by mot. hen aked if they routinely had formal, cheduled meeting with their counterpart in labor or management, 63 percent of police chief and 51 percent of union preident replied that they had monthly meeting. eekly meeting were held by 13 percent of both management and labor, with about 5 percent meeting quarterly. Other reported meeting on an irregular bai. A majority on both ide reported having a formal management-labor relation committee. Twenty-five percent of chief a well a union preident reported union repreentative participating in enior command taff meeting. Both ide reported ignificant participation by union repreentative in meeting with city/county manager, with community group, and in trategic planning meeting with variou component of the agency. About 16 percent of chief and 32 percent of union leader alo had union repreentation in trategic planning meeting. hen quetioned about their practice of conferring on a number of pecific iue, management elfperception wa that it olicited the input of labor a majority of the time, while labor viewed itelf a being included in the dicuion of the iue le often, depending on the iue. Labor and management had big difference of opinion (a meaured by a 12 percent or greater dicrepancy, haded in the table below) about their repective willingne to confer on citizen complaint, cheduling, communication channel, relation with political entitie other than the city/county, application for grant, and the repone to racial profiling. In each cae, more chief perceived themelve a including labor in the iue under dicuion than union preident felt that they were, in fact included in thee dicuion. Management Doe Not Confer with Union/Aociation Repreentative Iue Chief Union o Grievance filed 22% 19% o Citizen complaint filed 6% 60% o Scheduling of officer 39% 51% o Aignment of officer 50% 59% o Promotional exam proce 42% 49% o Updating policy manual 33% 32% o quipment iue 21% 33% o Communication channel 28% 51% o Superviory iue 39% 49% o Relation w/ city/etc., mgt. 43% 51% o Relation w/ political entitie 58% 71% o Relation w/ comm. group 59% 67% o New program or initiative 21% 29% o Application for grant 74% 91% o Repone to racial profiling 34% 50% (Shaded area indicate a difference of 12% or more) xxv

25 Police Labor-Management Relation (Vol. I) Policing Strategy Community policing ha been in evidence in many communitie for more than a decade now. Sixty percent of executive and almot a many union leader acknowledged role in their agency that one would characterize a pecialit in general aignment community policing, for example, neighborhood patrol officer or problem-olving officer (they were told to exclude officer aigned to Drug Abue Reduction ducation [D.A.R.. ]). For community policing to work, it i generally undertood that top-to-bottom cooperation in the department i needed. Repondent were quetioned about their participation in formal dicuion about their department community policing effort. More than half of the chief reponded that they had conulted labor on trategic planning iue, but only one-fourth of the preident felt they had been included in trategic planning a it concerned community policing. Scheduling in upport of community policing marked another point of difference, a 43 percent of chief had olicited union input, but only 29 percent of union preident perceived that labor had been conulted on cheduling. Community Policing Dicuion with the Other Side Chief Union o Strategic Planning 53% 26% o Officer aignment to community policing dutie 37% 31% o Scheduling in upport of community policing 43% 24% o Geographic beat ditribution 32% 29% o Method of community engagement 27% 18% hen aked if the union had ever directly and actively oppoed a new program or initiative characterized a community policing, one-fourth of chief and one-third of union preident reported that they had not experienced thi ituation. In other word, three-fourth of chief had encountered what they conidered a union oppoition to a community policing initiative. By contrat, le than one-tenth of chief reported the failure of a new community policing program becaue of union oppoition. A greater number of union leader (25 percent) felt that they had uccefully impeded the implementation of a community policing initiative in their department. hat wa the ource of thi reitance? Management and union executive were aked to rank in order the ource of reitance to change which they conidered mot eriou. Chief rated the following potential ource of reitance to change, from mot eriou to leat eriou a follow: 1. Rank-and-file officer not operating under the aupice of an aociation. 2. Supervior and middle manager (ergeant and lieutenant). 3. Union or aociation. 4. Senior command taff (captain, deputy/aitant chief). 5. Other group. 6. City/county/tate government. 7. Community member. xxvi

26 Introduction Likewie, union preident ranked potential ource of reitance to change a follow: 1. Rank-and-file officer not operating under the aupice of an aociation. 2. Other group. 3. Supervior and middle manager (ergeant and lieutenant). 4. Union or aociation. 5. Senior command taff (captain, deputy/aitant chief). 6. City/county/tate government. 7. Community member. On the other hand, a number of agencie have formalized proviion in a contract, memorandum of undertanding, or other labor-management document that create pecial conideration, uch a flex time for officer aigned to program characterized a incorporating a community policing philoophy. hile more than half of the repondent agencie do not have formal agreement that incorporate community policing meaure, another one-fourth of agencie do have agreement pertaining to cheduling of peronnel. Le than one-fifth have proviion affecting rotation and aignment of peronnel. A mall number of agencie addre the role or nature of work iue and peronnel tandard in their agreement. Perceived Problem Area hen preented with a lit of poible problematic iue that might impede the implementation of community policing-related change within the department, chief tended to be much more anguine about mot of them. In only one cae civilian review board did more than one-tenth of chief characterize thi a a eriou problem. The other 10 iue were characterized by chief a only omewhat of a problem or not a problem at all. Union preident were aked if implementing community policing caued a problem among memberhip or generated reitance among the rank-and-file. They were omewhat more peimitic in their outlook, differing with chief over iue of aignment and rotation of peronnel, the role of patrol officer, racial profiling, and changing work prioritie. Not a problem Some problem Seriou problem Chief Union Chief Union Chief Union o Scheduling of peronnel 37% 31% 54% 47% 9% 23% o Aignment of peronnel 44% 27% 50% 50% 7% 23% o Rotation of peronnel 51% 43% 41% 44% 8% 13% o Role of patrol officer 75% 44% 22% 40% 3% 16% o Role of invetigator 81% 70% 17% 20% 2% 10% o Role of upervior 73% 60% 26% 30% 1% 10% o Role of middle manager 79% 63% 20% 28% 2% 8% o Higher peronnel tandard 70% 67% 28% 28% 3% 5% o Civilian review board 67% 60% 17% 14% 16% 26% o Racial profiling repone 73% 61% 22% 21% 5% 18% o Changing work prioritie 60% 32% 35% 52% 6% 16% xxvii

27 Police Labor-Management Relation (Vol. I) Chief and union leader were aked about the extent of upport for community policing among aociation/ union member. More chief perceived upport for community policing in union rank than did union official. Thi may imply that chief were not fully aware of the extent of oppoition within their agency. Sixty-two percent of chief felt that there wa extenive to near total upport for community policing in their agency, while only 35 percent of union preident agreed. However, only 2 to 3 percent of both group believed that there wa virtually no upport for community policing in their department. orking Relationhip In pite of the tereotypical perception of many that management and labor are contantly at each other throat, chief and union leader urveyed agreed that their working relationhip with their counterpart wa for the mot part poitive and pleaant. A minority of unhappy repondent, 15 percent of union leader and 8 percent of chief, characterized their interaction with management a hotile and bitter or antagonitic. Converely, 80 percent of chief and 63 percent of union leader decribed their working relationhip a either collaborative and fully engaged or at leat cooperative and friendly. The ret decribed their dicoure a noncollaborative, but neutral. Occaionally, a fairly mooth working relationhip will be undone by a ingle dramatic incident or high-profile event (hooting, civil diturbance, diciplinary cae). hen aked if omething like thi had affected labormanagement relation in recent year, fully one-third of chief and one-half of union preident aid that there had indeed been uch an incident in their department. Labor and management hare the media potlight more often than one might upect. More than half of chief and union leader had appeared at a community forum together with their counterpart or another union repreentative. A majority of chief and cloe to half of union preident reported participating jointly in training program and conference. About one-fourth of both group had iued a joint pre releae or held a dual pre conference. A frequently-cited hindrance to aociation/union participation with management in program and initiative planning i that the union repreentative may be een by the rank-and-file memberhip a getting too cloe to management. hen aked if thi perception had occurred in the hitory of the relationhip of management with the police department aociation and vice vera, only one-fifth of chief and union leader, repectively, replied with an affirmative anwer. A related iue i the concern of ome in labor that if an aociation or union participate in the development of a program or policy in repone to an iue uch a racial profiling data collection or the implementation of a civilian board, union leaderhip rik taking the blame from it memberhip for a potentially unpopular police agency repone. Some 12 percent of chief and 18 percent of union leader reported that they had experienced thi blame phenomenon. Another fear i that working collaboratively may become legally formalized a a management labor pat practice and, hence, be mandated by arbitrator and/or court for future endeavor, that i, a mandate may occur to involve the union in all or mot management deciion making becaue it wa a pat practice. Again, only a mall minority (14 percent) of repondent indicated that a potential pat practice ruling had ever been raied by management a a concern in the context of working collaboratively. xxviii

28 Introduction Concluion According to thi urvey, police chief and union official are not that far apart in their perception of the role that labor and management play in the profeion. They operate under a written agreement a often a not, meet formally about once a month, and acknowledge the union tatu in meeting with city/county manager, with community group, and in trategic planning meeting with variou component of the agency. In their meeting they confer on a number of pecific iue, many of which are perceived imilarly by both ide; however, they differ in their perception of their repective willingne to confer on citizen complaint, cheduling, communication channel, relation with political entitie other than the city/county, and the repone to racial profiling. here community policing wa the iue, mot chief felt that they had involved labor in the trategic and day-to-day implementation of thi trategy, but only half a many labor leader believed that they had been ufficiently conulted. Similarly, the great majority of chief believed in near total upport for community policing in their agencie, wherea only 35 percent of union preident agreed that there wa a high level of upport for community policing in department they repreented. Neither chief nor union preident believed that labor and management working together would reult in alienating union from their memberhip. A more likely threat to productive collaboration i a udden precipitating event, which wa cited by one-third of chief and one-half of preident. In pite of the potential for acrimony, a majority of executive on both ide decribe their relationhip with labor or management a cooperative and friendly. The common characterization of labor and management a perpetually hotile and uncommunicative toward each other wa not borne out by thi tudy. xxix

29 Police Labor-Management Relation (Vol. I) CONTNTS Acknowledgement... i About the Author... iii Author Note... xiii Preface... xv Introduction... xix PART I : Circumnavigation of Police Labor-Management Relation... 1 Section 1. American Policing: A Cutom Schooner... 5 Chapter 1. Undertanding the Crowind from the Community a they Affect Law nforcement... 7 Chapter 2. American Policing: Launched in Controvery and Still Controverial Today Chapter 3. Policing and Police Labor Relation in Autralia: Similaritie and Contrat with the United State of America Chapter 4. Policing and Police Labor Relation in Canada: Similaritie and Contrat with the United State of America Section 2. Perpective from the Bridge Chapter 5. The Police Chief: Heaven or Hell? Chapter 6. Diorganized Labor: The Mutinou Side of Police Union Section 3. Police Management: alking the Yard without a Net Chapter 7. Police Chief Selection and Survival: Looming Crii in America Major Police Department...47 Chapter 8. A Chief illingne to Share Power Ha Been the Secret to Succe Chapter 9. A Radical Approach to Reform Anger Police Union xxx Section 4. Police Union: The Dreadnought of the Police orld Chapter 10. Sytemic Failure: hat a rong with LAPD? Chapter 11. A Tale from the Twin Citie: How a Coalition of Police Officer and Citizen Convinced the City Of Minneapoli to Not Cut Officer from the Budget... 79

30 Content PART II: Navigational Aid Section 5. Smoother Sailing: Four Principle That Can Change the Relationhip Chapter 12. Police Management and Labor orking Together in San Diego, California to Prepare for the Biotech Conference Chapter 13. Cooperation Between the City of Autin, Texa and the Police Aociation to Implement a Civilian Review Proce Chapter 14. A Partnerhip Among the Stamford, Connecticut Mayor, Police Chief and Police Aociation to Implement Change in the Department Section 6. One Politically Stormy Iue: Racial Profiling Chapter 15. Full Speed Ahead: Seizing the Initiative on Racial Profiling Chapter 16. Qui Cutodiet Ipo Cutode? The ACLU on Racial Profiling PART III: Bridging the Difference APPNDIXS Section 7. Staying on Coure: Building ffective Police Labor-Management Relation Chapter 17. Joint Labor-Management Cooperation to Implement Community Policing: Taking Police Union-Management Relation and Community Policing Practice to the Next Level Chapter 18. Crii Interruption: Aborting the Crii Life Cycle Chapter 19. Ten Thing That Police Manager and Police Union do to Run Aground Chapter 20. Developing a Shared Viion of a Safer Community Appendix A. Summary of Practitioner Survey Repone Appendix B. Independent National Police Union Appendix C. AFL-CIO Affiliated Union with Subtantial Police Memberhip Appendix D. Affiliation of Police Union in 100 Larget Citie Appendix. Contact Information xxxi

31 PART ON: Circumnavigation of Police Labor- Management Relation

32 Part One Circumnavigation of Police Labor-Management Relation PART ON: CIRCUMNAVIGATION OF POLIC LABOR-MANAGMNT RLATIONS Part I give the reader an inider undertanding of the real world of police labor-management relation from the perpective of academician with practical experience with thi iue, police chief, and police union. Section 1 decribe the unique characteritic of police labor-management relation in the United State and why thoe characteritic are o different from other countrie like Canada and Autralia that were alo colonized by the Britih. Chapter 1 explain the environment that exit in every community and the pecial-interet group in thoe communitie attempting to influence law enforcement. The author have identified the ix phere of influence elected official, government adminitrator, police management, police union, media, and general public that make up the opinion leader, power broker, and deciion maker in the community and the preure on them to obtain their goal. Chapter 2 i a brief hitory of American police labor-management relation. American policing ha been controverial from it beginning and remain the focal point of controvery in every community. A crii eem to erupt every day, followed by call for change and reform of the law enforcement agency. Chapter 3 outline the imilaritie and contrat between police labor-management relation in the United State and Autralia. Autralian policing i centralized in the tate and territorie, with a very mall federal policing preence. Police labor-management relation are ome of the bet among weternized countrie. Chapter 4 outline the imilaritie and contrat between police labor-management relation in the United State and our neighbor to the north, Canada. The Canadian policing model relie heavily on the federal government to police the rural area and to contract to police the province (tate) and many municipalitie. Canada ha a model police labor relation ytem with very high national tandard of policing. Section 2 give the reader an inider perpective on being a police chief and a police union official decribe the turbulent world of police union. Chapter 5 ha a veteran police chief decribing hi experience a a police chief and what i required to urvive in a political fihbowl. The reader i provided with pointer on how to be an ethical police chief and how to maintain a balanced life. Chapter 6 wa written by a veteran police union official who take the reader through the competitive, hotile, and ever-changing police union environment. It i an in-depth look at how police union have developed and how they have become political power broker. 3

33 Police Labor-Management Relation (Vol. I) Section 3 review the tate of American police chief in the politically volatile 21t century. Chapter 7 give the reader an academic overview of the election and urvival problem of America police chief. The author i a ditinguihed profeor who ha been a high-ranking police official. Chapter 8 look at the cooperative police labor-management model. The police chief of one of America larget citie decribe how he ha choen to hare power with the police union to build a profeional police department. Chapter 9 take a more radical approach a an outide police chief trie to explain why hi confrontational model wa the only way to force reform in the police department. Section 4 preent a police union official at a major police department and a police political conultant dicuing variou apect of police labor relation. Chapter 10 goe inide the Lo Angele Police Department to dicu the union viewpoint on why Police Chief Bernard Park failed to achieve the change he o deired when he wa appointed to reform the police department. Chapter 11 analyze a public information campaign in Minneapoli by the police officer and a coalition of citizen to convince the mayor and city council to not reduce the number of officer in the 2005 budget.

34 SCTION ON: AMRICAN POLICING: A CUSTOM SCHOONR

35 Undertanding the Crowind from the Community a they Affect Law nforcement Chapter 1 By Ronald G. DeLord Jerry Sander Project Coordinator UNDRSTANDING TH CROSSINDS FROM TH COMMUNITY AS THY AFFCT LA NFORCMNT veryone preume to undertand the community. People run for elected office to erve the community. They hire adminitrator to manage the city, county, or tate government reource. The elected official or government adminitrator hire a manager to run the law enforcement agency. The police officer form a union and elect leader to repreent their interet with the government. The media report on all apect of local government to the general public in a fair and unbiaed manner. The general public in turn depend on the elected official to repreent their interet. Sound imple. The ix phere of influence depicted in diagram 1 on page 7 elected official, government adminitrator, law enforcement executive, police union, media, and general public have an interet in the community law enforcement. ach claim to be acting in the bet interet of the community a a whole. In fact, each group want to have influence or power in the community for it own purpoe. Change come from power; and power come from organization. Saul Alinky To add to the mix, outide influence can dirupt the community. Thee include, but are not limited to, law and regulation paed by the tate and federal legilature. Change in ocietal more about crime and law enforcement, uch a the criminalization of marijuana and protitution, alo influence the community. Of coure, national and international event uch a the diater on September 11, 2001, can have an impact on local policing reource. ach of the ix phere of influence i a eparate and ditinct power broker in the community. ithin each phere of influence are numerou major and minor pecial-interet group that affect the action and deciion of the group. Some pecial-interet group, like community activit, are active in the general public phere, but alo attempt to influence the elected official phere. The law enforcement executive i hi or her own phere of influence, but act a one of many pecial-interet group attempting to influence the government adminitrator phere. ach phere of influence contantly interact with the other phere of influence. ach ha to communicate and cooperate with the other phere of influence if it want to effect change in the community. The phere of influence are interlocking and are affected by deciion of the other phere of influence, their individual pecial interet, and tate, national, and international event. 7

36 Police Labor-Management Relation (Vol. I) In a perfect world, all pecial-interet group around a phere of influence would hare equally in influencing the phere direction and action. ach pecial-interet group would trut, repect, cooperate, and communicate in a fair manner with all of the other pecial-interet group in the bet interet of the community. very pecial-interet group win when all have a hared viion of the community. The reality i that there i no perfect world and no two phere of influence or pecial-interet group in the community have a hared viion of how that community reource hould be organized and managed. The one contant i change. ach pecial-interet group within a phere of influence want the power to be heard within that phere and want the power to achieve it goal within the community. ach phere of influence i organized to gain power, but power emerge and fade over time a each phere of influence and it pecial-interet group jockey for more power to achieve their goal. Power i very eluive and no phere of influence or pecial-interet group maintain power indefinitely. The high turnover of police chief, heriff, union leader, elected official, government adminitrator, media repreentative, and a mobile ociety enure that the player will come and go on a regular bai. Maintaining balance i difficult, if not impoible. A one pecial-interet group increae it power within the phere of influence, it caue the phere to interact differently with the other phere of influence. A one phere of influence gain power diproportionately over other, the community become unbalanced, breeding conflict. Out of thee conflict mut come compromie and change to retore balance in the community. Developing and maintaining cooperative labor-management relation will help law enforcement manager and union keep balance in the community, at leat among themelve. Since the law enforcement executive and the law enforcement union are very influential in every community, a conflict between thee two powerful phere of influence can upet a community to a degree that few other force can. A Snaphot of the Six Sphere of Influence and Their Special-Interet Group lected official It goe without aying that law enforcement in the United State i political. very police officer work for omeone who i elected or appointed by omeone who i elected. lected official who have the power to appoint law enforcement executive and/or adopt law enforcement budget have a direct interet in the effectivene and efficiency of the agency. Law enforcement executive who ignore the political realitie of their job do o at their own peril. Law enforcement union leader who ignore the political realitie will not be re-elected when their member are given maller budget. Almot every peron running for elected office campaign on a law-and-order platform. In many cae, the campaign promie i to change or reform the police department. hile there may be diagreement about how to achieve a afer community, no peron, regardle of political party or belief, want an unafe community. The police department attract the mot interet in all government budget becaue of it effect on o many people in the community. Money i a trong driving force in all politic becaue running for office i o expenive. All pecial-interet group in a community want to gain acce to power to promote their own agenda. The queaking wheel really doe get the greae in government: witne the public outcry when elected official try to reduce library hour, cloe a enior citizen center, hut down a fire tation, or reduce the ize of the police department. 8

37 Undertanding the Crowind from the Community a they Affect Law nforcement Diagram 1 The Univere of the Community and it Sphere and Galaxie of Influence NATIONAL AND INTRNATIONAL VNTS STAT, FDRAL LAS AND RGULATIONS SOCITAL MORS AND ATTITUDS Voter Social Activitie Minoritie Campaign Contributor Buine Owner Opinion Leader LCTD OFFICIALS Conultant Police Union Non- Voter Senior Citizen GNRAL PUBLIC The Poor The ealthy Social Group Fraternal Group POLIC UNION Genderbaed Group Patrol CID Developer Downtown Alliance thnic Group Supervior Advertier Owner Diagram Key Galaxy Rating equal Profit ditorial Board MDIA Competition Controvery Social Interet Group of each Department COMMUNITY GOVRNMNT ADMINISTRATOR lected Official Special Interet Group to PD Government Bureaucracy Police Union POLIC MANAGR Rankand-File Officer Command Staff Mid-level Supervior Community Activit Planet Sphere of Influence Sun The Community Police Manager Department Head Moon Special Interet Group

38 Police Labor-Management Relation (Vol. I) hile the law enforcement union i only one of many phere of influence that have an interet in influencing elected official, it big advantage are it political action committee, member, and high name identification. Conequently, virtually every political candidate olicit a police union endorement. here do appointed law enforcement executive fit into the political cheme ince they cannot have a political action committee or generally campaign for elected official? They have to build coalition in the community with pecial-interet group that hare their view of a afer community. They have to be attuned to the meage being ent by elected official and act accordingly. More important, law enforcement executive who have developed long-term cooperative relationhip with their union can work together to preent one hared viion on many iue. Government Adminitrator Law enforcement i the highet departmental cot in mot communitie and an eential ervice, but it i not the only budget priority. Government adminitrator mut meet the need of a variety of ervice provider and enure that all government ervice are delivered effectively and efficiently. In addition to each department head wanting a bigger percentage of the budgetary reource, pecialinteret group often provide advocacy for thoe department that hare their budgetary prioritie and viion. In many law enforcement agencie, the police union often preure government adminitrator and elected official to meet the department budgetary requirement and deire. Law enforcement executive often eek help from neighborhood watch group, community group, buine owner, and other intereted partie in preuring the government adminitrator and elected official for a larger percentage of the budget. Add to the mix the demand of the elected official working to allocate budgetary reource to organization and reident in the ditrict they repreent. Alo bring in every politician who wihe to eek reelection who mut be able to claim that he or he wa able to pread government reource around hi or her ditrict. The government adminitrator ha a high-preure job. In many communitie, the government adminitrator appoint the police chief. Selecting a police chief ha become a treful and politically volatile proce. very phere of influence want to influence the election. The police union rarely ha the power to elect the next police chief but it can eliminate ome of the applicant. Law nforcement xecutive The job of law enforcement executive i one of the mot difficult and treful in the nation. They have to balance the demand of the elected official, command taff, mid-level upervior, rank-and-file officer, government adminitrator, the law enforcement union, the media, and every conceivable community organization. ach phere of influence and pecial-interet group i enitive to the lightet perceived injutice. Law enforcement executive are under tremendou preure from every phere of influence to change or reform the agency. Modern law enforcement executive appointed or elected have to urvive in a highly charged political atmophere and make change that have been brought about by crie or controverie in the community. They mut reconcile the demand for immediate change againt their agencie inherent reitance to uch change, particularly on a hort timeline, and every deciion i diected under a microcope. 10

39 Undertanding the Crowind from the Community a they Affect Law nforcement Law enforcement executive are department head who mut work with government adminitrator and elected official to balance the demand on their department with available reource. veryone believe that he or he know the law enforcement executive job better than the law enforcement executive. Televiion ha educated the mae about police work and everyone i now an expert on fighting crime. Law enforcement executive appointed from outide the agency inherit their predeceor command taff and upervior. Internal agency politic can often be very intricate and complex: the command and midlevel upervior have their own agenda and the union i a major player in mot agencie. The executive who maintain a cooperative relationhip with the union will be able to communicate hi or her meage without ome of the potential for conflict. If the police chief come down hard on an officer for miconduct, the police union and officer perceive the chief a trying to win point with the media and ome community activit. If the chief how leniency, he or he i kowtowing to the police union. The average tenure of a police chief in a major city i only about 2 and a half year. Police Union Police union leader are elected and many want to tay elected. Too often law enforcement executive, government adminitrator, and elected official forget that police union leader have their own contituencie. A police union leader i under tremendou preure to perform favorably during bargaining or budget time. The peronal opinion and deire of the union leaderhip have to be et aide to carry out the mandate of the memberhip. Thoe mandate are not alway rational or in the bet interet of the community a a whole. The member who want to be the next union preident put preure on the incumbent by expreing hi or her opinion about whether the union preident i effective. The union leader who can build communication, cooperation, repect, and trut with the executive will avoid many of the pitfall that can dirupt the department. Thi i often a very delicate tak, a political realitie of hi or her poition often prevent the union leader from being viewed a too cooperative or friendly with the executive. A profeional relationhip that allow each to peak freely and honetly in private without fear of public expoure i the key to mediating many dipute. Union leader have to alo balance their own internal pecial-interet group. thnic, ocial, fraternal, and gender-baed organization exit in many department. volving cultural more have made thee organization more willing to confront the union leaderhip with their need and demand. ie police union leader balance the need of thee pecial-interet group againt the need of the memberhip a a whole. If the union leader attack the police chief on a deciion in a police miconduct cae, the member may like the union action but it weaken the relationhip between the executive and union. In addition, the union come acro to the media, public, and community a preventing officer from receiving deerved diciplinary action, thereby creating public ditrut of the entire agency. If the union remain ilent when the member feel the union need to tep forward publicly and defend an officer againt undeerved dicipline, the union preident rik loing hi or her poition. It i no wonder the average police union leader ha a tenure of 2 to 4 year. 11

40 Police Labor-Management Relation (Vol. I) The Media The advent of 24-hour new coverage ha put preure on the media to provide intant anwer and repone to all crie or controverie. Controvery among the law enforcement union, law enforcement executive, government adminitrator, and elected official often increae readerhip, viewer, and litener. Many external pecial-interet group influence the media deciion. Advertier have tremendou power with newpaper and radio and televiion tation becaue they are buine people who have a veted interet in the financial well-being of the community. The media internal world of pecial interet that influence it deciion. The editorial board i intereted in the politic of the community; the new reporter want torie that will draw the public attention; and the buine ide of the media want to ell more advertiing. here do union and law enforcement executive fit into the media phere of influence? Simply put, the new will be printed, heard, or een with or without the input of the law enforcement union or executive. Law enforcement union have become very adept at influencing pre coverage. Many major union have full-time political conultant on taff. Law enforcement union know that they can get free pre coverage on ome iue and that the union can drive it meage with paid media through newpaper, direct mail, radio and televiion, and billboard. Law enforcement executive are not public relation profeional but they do have acce to the media imply by virtue of being the head of the law enforcement agency. A wie executive look for opportunitie to leverage thi to ecure media coverage for the iue about which he or he feel mot trongly. The battle over law enforcement iue i in the court of public opinion, and the media, by nature, are deigned to way that court. If the law enforcement union and executive have developed a relationhip that allow them to work cooperatively during a crii or controvery, the negative impact of the media i reduced ignificantly. General Public The term general public i a minomer. The community i divided into hundred of pecial-interet group and ome are more active and influential than other. Thee group place many demand on government reource in every community. nvironmentalit and developer compete to control land ue policie. Youth activitie, librarie, and enior citizen program vie for available fund. Law enforcement union and executive often reach out to variou community group to build coalition in upport of community policing objective. In many urban communitie certain community activit want radical change to, or reform of, the police department. Community leader often advocate diverified hiring and promotion in the agency. Many activit want more civilian control and new policie on racial profiling. Thee organization often influence elected official by volunteering in their campaign. Politician then often have to make campaign pledge to thee group to get elected. Law enforcement union and executive have a veted interet in change or reform that hift control of the law enforcement agency away from the executive, government adminitrator and elected official. 12 hile the public doe not peak with one voice, it voice i heard by every phere of influence through pecialinteret group. Community backlah can be evere if change or reform are not implemented. It could prove to be a fatal error in judgment for other phere of influence to underetimate the power of public opinion.

41 American Policing: Launched in Controvery and Still Controverial Today Chapter 2 AMRICAN POLICING: LAUNCHD IN CONTROVRSY AND STILL CONTROVRSIAL TODAY By Ronald G. DeLord, Preident Combined Law nforcement Aociation of Texa ver ince the firt law enforcement agencie were created in the United State, the management, control, and reform of thoe agencie have been the focal point of controvery. ach controvery over corruption, ue of force, racial or ethnic conflict, mimanagement, or agency inefficiency or ineffectivene ha reulted in a public outcry for change in hiring, promotion, training, or method of operation in law enforcement. lected official have traditionally campaigned on platform of police reform. New police chief are brought in explicitly to effect ignificant organizational change in their agencie. The media often editorialize for change in the police department and elected official and media are encouraged in thee effort by public opinion polling that conitently rank public afety a one of citizen top prioritie. The United State i a country of immigrant who often were often fearful of the military and national police force in their homeland. Thi fear of a centralized national police force led elected official in the United State to oppoe the creation of a national police force or to allow the military to act a a dometic police force. The United State ha approximately 14,254 law enforcement agencie employing 970,588 worn and civilian employee. Virtually every political juridiction in the United State ha at leat one law enforcement agency, and the vat majority of law enforcement agencie employ worn force that number le than 10. Thi make the U.S. different from other weternized countrie that have a more centralized policing ytem. For example, Ireland, Northern Ireland, South Africa, and Scotland each have one national police force. hile there i a eparate tranport police and ome iland police force, ngland and ale have placed 43 police force under one national bargaining unit for contable below the rank of uperintendent. Autralia ha only nine law enforcement agencie: ix tate, two territorie, and one federal police organization. Canada ha one national police force which the federal government contract to eight of the 10 province to provide provincial police ervice, the three northern territorie and 200 individual municipalitie. There are only three provincial police ervice, 200 municipal police agencie, and 17 regional police force in all of Canada. The ability to implement change in United State law enforcement agencie i vatly more complicated when o many different agencie exit. Law enforcement agencie in many tate, countie, and municipalitie are not a part of the primary law enforcement agency. Thee tate, countie, and municipalitie have eparate law enforcement agencie to deal with the airport, park, building code enforcement, fire marhal, chool ditrict, anitation, correction, court, lifeguard, health department, and virtually every conceivable tate, county, and municipal department. It i impoible for the average citizen or viitor to differentiate between the multitude of law enforcement agencie in a community. To further complicate policing in the United State, there i no uniform national tandard for police profeionalim. ach tate et it own tandard for hiring, training, regulation, and diciplining of law enforcement officer. Nationwide, the quality of policing in each community will vary greatly depending on 13

42 Police Labor-Management Relation (Vol. I) whether the tate ha mandatory training tandard, the community ha the ability to provide competitive wage and benefit to attract qualified applicant and retain veteran officer, and the community ha the financial reource to fund a modern police agency. Change and Reform Can Be Dirty ord Law enforcement agencie are quaimilitary intitution with a traditional reluctance to change. There i a perception in ome law enforcement agencie that their law enforcement executive till believe in top-down management. Thee law enforcement executive iue an order and expect the upervior and officer to carry out thoe order without quetion. In general, rank-and-file police officer are reluctant and reitant to change or reform, epecially when the officer perceive the change or reform a politically motivated. Officer tend to be conervative and fear that change will have a negative impact on their work and peronal live. Union contract and civil ervice law make change more difficult for reformer. Forcing change on a law enforcement agency will reult in diruption that pill over into the media and political arena. No-confidence vote on law enforcement executive are almot alway generated when change i being forced within the agency. A viciou cycle can arie when there i no cooperative interaction between the union and management in a law enforcement agency. It tart when elected official or the executive want to implement change (uch a a community policing program) or reform (uch a new hiring or promotional tandard). The rank-andfile officer will be fearful of, and reitant to, change and demand that their union ue it political or legal mucle to control the change or top it implementation. The local government adminitration, the elected official, the media and the public are all player and will alo attempt to influence the implementation of the change or reform. Confrontation and diruption can occur a management attempt to implement change over the protet of the reluctant police officer. The Political Nature of Policing in the United State Complicating labor-management relationhip even more i the political nature of law enforcement agencie in the United State. The police in Canada, Autralia, ngland, France, and Germany are unionized, but generally are preured or prohibited from being involved in election campaign of individual candidate or political partie. The union tend to focu on haping the public debate over criminal jutice iue and building public media upport for police union concern uch a pay, benefit, penion, and more peronnel. In the United State, the overwhelming majority of law enforcement agencie have a union, aociation, or lodge regardle of whether they have a collective bargaining contract or civil ervice protection. The difference between police union in other weternized countrie and the United State i that mot law enforcement union in the United State are politically active in the campaign of thoe peron elected to control law enforcement. The direct involvement of law enforcement union in the political campaign of the very elected official who control them i the oppoite of the national view of other weternized countrie, mot of which believe that the police mut be above political activity to remain neutral in enforcing the law. Mot countrie ee the police a more imilar to their nonpolitical military force than to the ret of the public employee work force. Canada, for example, prohibit the Royal Canadian Mounted Police from having collective bargaining 14

43 American Policing: Launched in Controvery and Still Controverial Today right depite granting uch right to all other police officer in the country. Although it continue to create a national controvery, the Toronto Police Aociation i one of the few police union in Canada to endore political candidate. The vat majority of law enforcement union in the United State have a ditinct political advantage over nonelected executive. Traditionally, appointed executive generally cannot endore candidate for political office, work in political campaign, or make political contribution. That ditinct demarcation between a police chief and politician ha tarted to fade. Appointed police chief are tarting to appear more and more in the political photo op of their elected boe. Any time the Preident of the United State, the governor of a tate, or the mayor conduct a pre conference involving crime or police-related iue, you can expect to ee the police chief and uniformed officer tanding in the background. hat eparate the police union from the police executive in the world of politic i that the police union ha the ability to endore a candidate and work in the candidate political campaign. Perhap the union greatet political advantage i it ability to contribute money to the candidate. In many part of the United State, the police union political action committee i the larget campaign contributor to a candidate. Depite protet from the editorial board of newpaper about the perceived political power of many police union, candidate for public office continue to eek the endorement and reource of the police union. hat impact doe thi political involvement have on the implementation of change or reform in a law enforcement agency? Any propoed change or reform become a political contet. The union often eek to influence the general public through pre conference, direct mail, billboard, radio, and televiion. ven when elected official are the primary motivator of change or reform, preure from the police union can make an elected official revere hi or her poition. The local government adminitrator and law enforcement executive who are trying to implement the requeted change or reform are often left to face the public and media alone. Police union have become major player in the court of public opinion. One of the union greatet political aet i it ability to deal directly with the elected official, the media, and the public, bypaing the law enforcement executive and local government adminitrator. The union ability to make a political end run frutrate law enforcement executive and government adminitrator. Labor-management relation in the public ector and, in particular the police ector, i a complex political game with many dimenion. One cannot divorce labor-management relation in law enforcement from the political reality in which they exit. The game i being played out every day among the police union, agency head, local government adminitration, elected official, the media, and the public. In many communitie, the law enforcement executive build a relationhip with the police union and officially or unofficially olicit the police union to preure elected official or the government adminitrator for more budget money for the agency. Thi i particularly true in many heriff office where the heriff i an elected official and cannot be removed by the governing body. hile politic i an integral part of police labor-management relation in the United State, it i internally diviive for police union. The endorement of candidate for elected office, epecially if the candidate are evenly matched, will caue tre within the union. Mot election generally are evenly divided and many member and union leader fear the conequence if they endore a loing candidate. Political activity can alo dirupt labor-management relation when an executive ee the union a having the ability to undermine or modify the change or reform that he or he deire. 15

44 Police Labor-Management Relation (Vol. I) The Changing Demographic of Policing Another factor that affect union and management in law enforcement i the changing demographic of law enforcement agencie. In year pat, military veteran were recruited to fill the rank of the police department. The majority of thee military veteran were white male who more eaily adapted to the quaimilitary tradition of the department. Agencie have increaed the hiring of minoritie, women, and peron of differing exual orientation. Thi more divere work force ha changed the law enforcement profeion. A more divere police force ha alo reulted in a change in the way the officer and deputie view their union. There i a generation gap between the more enior men who often dominate union leaderhip and the younger officer who eem to lack hitorical perpective on the acrifice made to achieve their wage, benefit, and working condition. It eem that many current police union leader feel that the younger member jut want more favorable contract without regard to the real economic condition of the community. Mot law enforcement union leaderhip poition are till dominated by white male. hile more Latino and African-American men are becoming union preident, it i extremely rare to ee a female become preident of a law enforcement union. Union are being preured from within to diverify leaderhip poition a more minoritie and women officer join their rank. Thee newer union member are demanding that the union tackle many of the formerly taboo topic uch a diverity in promotion, diparate dicipline, and eniority right and aignment that have an advere impact on them. Law enforcement union are facing a new and diviive internal threat a ocial and fraternal group compoed of African-American, Latino, Aian, female, and gay police officer have become political force in their own right. Many of thee group have been uing and publicly challenging the police union action on iue that fall within the union traditional purview. lected official and police management often court thee ocial and fraternal group to influence the union to cooperate more fully in the proce of change or reform. If a law enforcement union conduct a no-confidence vote againt a law enforcement executive, the union can alo expect ome of thee ocial and fraternal organization to break rank and upport the executive. A the population become more ethnically divere, more minoritie and women are being elected to public office. The media i preuring for change and reform in the way police agencie have traditionally reponded to crime in the community. In many urban communitie, the law enforcement agency doe not alway reflect the ethnic makeup of the community or it elected official, which can alo lead to conflict a elected official and community activit advocate for change or reform in the agency. Concluion The need for a way to implement change or reform with the leat amount of conflict and diruption of police operation i critical. Police management and police union will have to communicate, cooperate on matter of mutual concern, how repect for the difficult job each ide face, and earn the other trut. All organization and intitution, including law enforcement agencie, mut adapt to changing environment or die. hile tradition, cutom, and hitory play a role in a law enforcement agency, law enforcement executive and union cannot continue to butt head on every change or reform if they want to be part of the change or reform that will eventually take place. 16

45 American Policing: Launched in Controvery and Still Controverial Today FIV FACTS THAT MAK A DIFFRNC IN LABOR-MANAGMNT RLATIONS The Geographic Region The geographic region where the law enforcement agency i located i a deciding factor in labormanagement relation. The law enforcement agencie in the Northeat and Midwet tate are unionized and have had collective bargaining right for a ubtantially longer period than the South, Southwet, and etern tate. The more heavily unionized area of the nation tend to have tronger law enforcement union contract becaue other union have upported the law enforcement union in their negotiation and in electing official who are more pro-union. The Southern and Southwetern tate (excluding Florida) have the highet percentage of nonunion worker and more prohibitive anti-union labor tatute. The etern tate have labor right more cloely aligned with the Northeat and Midwet, but the degree of union militancy i le pronounced. The Size of the Department The ize of the department determine the ize of the bargaining unit or union. More officer mean more iue that can arie to caue an interaction between the union and management. Larger police department tend to have collective bargaining right and the union leaderhip generally i relieved of it police dutie to perform union activitie on a full- or part-time bai. Larger agencie often deignate police command taff to act a a liaion with the union. Metropolitan communitie have the highet population of minoritie and the greatet potential for public demand for reform. Suburban police department, municipalitie outide urban area, and rural department have a leer degree of labor-management experience. The Ability of the Union to Collectively Bargain The ability of the law enforcement union to negotiate over wage, hour, and condition of employment change the labor-management relationhip. Thirty-ix tate have ome form of collective bargaining right for law enforcement officer. If the union ha the opportunity to collectively bargain with or meet and confer with the public employer, the union and executive will have ome labor-management interaction periodically. Mot contract have a grievance procedure that will require the partie to mediate or arbitrate problem iue and at leat dicu propoed change. Law enforcement union without the right to collectively bargain are retricted to collective begging before the elected official. hen public employer can dictate the term of employment and dicipline at will, executive are more likely to be heavy-handed and avoid mediating dipute with the union. The Degree of Labor Relation Training One ignificant difference i the degree of labor relation training afforded to both the union leaderhip and law enforcement management. Traditional labor-management training program on collective bargaining, grievance handling, and arbitration are available through eparate management organization and union. Surpriingly, the majority of union and management in law enforcement have never attended a formal law enforcement labor relation training program, much le a training program on cooperative labor relation on implementing change, reducing crime, or developing a hared viion of a afer community. 17

46 Police Labor-Management Relation (Vol. I) The Amount of Peronal Interaction The amount of peronal interaction between the union and law enforcement executive will make a difference in how the partie view each other. The reality i that mot agencie ue attorney and profeional negotiator to interact with the union. Management and union in law enforcement eem to believe they are dependent on contractual or legal recoure to reolve all dipute. The end reult i that attorney and profeional negotiator are the middlemen in the relationhip between the police union and police management. Recognizing when to ue uch intermediarie and when to deal directly with each other i the key to developing the four principle of a labor-management relationhip: communication, cooperation, repect, and trut. If the union and management have no informal relationhip and contractual or legal recoure i unavailable, union eek out the media or conduct public awarene campaign to highlight their complaint. Such action by the union will almot alway exacerbate the ituation. 18

47 Policing and Police Labor Relation in Autralia A Perpective from the Southern Ocean Chapter 3 POLICING AND POLIC LABOR RLATIONS IN AUSTRALIA: SIMILARITIS AND CONTRASTS ITH TH UNITD STATS OF AMRICA By Mark Burge, Chief xecutive Officer Police Federation of Autralia A Federation of State and a Federation of Police Aociation Autralia a a country i a federation of ix tate: Queenland, New South ale, Victoria, Tamania, South Autralia, and etern Autralia, a well a two territorie, the Autralian Capital Territory (ACT) and the Northern Territory. ach tate and territory ha it own police force adminitered by that tate or territory government. The Autralian Federal Police (AFP) i Autralia federal law enforcement agency. Policing the nation capital i done by an arm of the AFP that ha been contracted to provide a community policing ervice to the ACT government. hile in the United State there are nearly 14,254 law enforcement agencie, and in Canada more than 240, in Autralia there are only eight. Thoe police juridiction range in ize from New South ale with almot 15,000 officer to the Northern Territory with jut under 1,000, for a total of approximately 47,000 officer. One police aociation or police union, a ome are called, ervice each tate and territory police organization, unlike the United State and Canadian policing model where there are numerou local aociation. Approximately 99 percent of all police officer in Autralia are member of their repective police aociation. Approximately 12,000 civilian unworn peronnel are repreented by variou public-ector union acro the country. ith the exception of the Autralian Federal Police Aociation, which repreent both worn (all AFP member including thoe working in the ACT) and unworn member, all other aociation repreent worn officer only. Other than Queenland, which repreent all rank to inpector (roughly equivalent to the rank of lieutenant in the U.S.), all aociation repreent all erving police officer, including commiioned officer. The iue of repreentation of worn and unworn i often debated among Autralian police aociation. To date, the tate-baed aociation in Autralia have conitently concluded that they would only weaken their bargaining poition if they began repreenting other in addition to worn member. Particularly a we move toward the potential etablihment of a national regitration or licening cheme, which i dicued later in thi chapter, the repreentation of worn member only enure that aociation are repreenting the true member of the police profeion. In contrat to the United State, correction officer, cutom officer, and other, are not recognized a law enforcement officer becaue they have no pecific police power and, therefore, are not repreented by any of the police aociation. 19

48 Police Labor-Management Relation (Vol. I) Firt Police Force Born Out of a Convict Settlement Policing commenced in Autralia in 1788, when the Firt Fleet arrived in Sydney (New South ale) and the Royal Marine acted a the country firt policing agency in what wa an etablihed convict ettlement. A Night atch of truted convict took over from the Royal Marine in 1789, and a Row Boat Guard wa etablihed. A number of other police force were formed, including the Mounted Police, the ater Police, the Sydney Police, the Border Police, the Native Police, and the Gold cort Police. They ultimately merged into one State Police Force, a they eventually became known acro Autralia. ach police force in Autralia operate independently. ach ha a commiioner of police and a police or jutice miniter appointed by, and reponible to, the repective government. In Autralia, the government i the political party in power at the time. There i a ditinct eparation of power between the role of the commiioner and the miniter, although in more recent time the independence of police commiioner ha come into quetion. Police commiioner, like mot other enior public ervant in Autralia, have employment contract with their repective government. It would be a brave police commiioner who made a deciion that angered hi or her government and then expected to be reappointed. Thi move away from the independence of the police commiioner ha een police aociation in Autralia taking more of a policing perpective to their deciion-making procee and ha alo een them become much more active in the media becaue their independent comment i often ought on iue. The police aociation believe they have to be the defender of the police profeion, a role once clearly een a that of the commiioner of police. Formation of Police Aociation and the Police Federation Police aociation began forming in Autralia in the early The firt two were the Police Aociation of South Autralia formed in December 1911 and the etern Autralia Police Union of orker formed in ach aociation i a eparate bargaining unit, and all are regitered a indutrial organization under their own tate or territory indutrial legilation, or in the cae of the AFP, under the federal government indutrial legilation. They negotiate alarie and other condition of employment on behalf of their member, directly meet over iue with their police employer and government, and look after the day-today need of their member, including legal defene and the proviion of other ervice. A far back a 1922, dicuion took place among thoe aociation to form a federated police aociation, but it wan t until 1945 that uch a body wa firt formed: the Autralian Federation of Police Aociation and Union. That body underwent a number of change over the year including the addition of the Police Aociation of New Zealand when the Police Federation of Autralia and New Zealand (PFANZ) wa formed. Although it wa an unregitered organization, it affiliated with the Autralian Council of Trade Union (ACTU), which i a national organization of all union in Autralia. The PFANZ, a forum for the exchange of information of an indutrial and profeional nature, wa committed primarily to aiting and upporting it member aociation in their puruit of better wage and condition for their member. A an umbrella organization for Autralian and New Zealand police aociation, it alo erved a a liaion with government and other related agencie regarding the broader concern of police officer. In the late 1980, the PFANZ reolved that a police federation hould be formed and regitered a a national police union to protect and work for all Autralian police aociation. 20

49 Policing and Police Labor Relation in Autralia The Police Federation of Autralia (PFA) took ome 10 year to formed and federally regitered under the federal Autralian orkplace Relation Act. To complicate matter during that time, the government of New South ale and Queenland, a well a police commiioner from the Northern Territory and New South ale, lodged formal objection to the propoal in the court. The government of Victoria and etern Autralia and the chief commiioner of police in Victoria were granted leave to intervene in the hearing. After a protracted legal proce, the matter wa determined by the High Court of Autralia, and in a unanimou deciion the PFA wa finally formally regitered on January 1, The PFA a a national organization, i in contrat to the United State, where there are a number of national organization competing to repreent member at that level. Canada arrangement i imilar to Autralia in that there i only one national repreentative body. Two-Tiered Sytem of Repreentation Finnane, Mark. hen Police Unionie: The Politic of Law & Order in Autralia, Sydney Intitute of Criminology Monograph Serie No. 15, Police in Autralia now have a two-tiered ytem of repreentation. ach officer i a member of hi or her own tate, territory, or federal aociation at the local level, and at the ame time, by virtue of that memberhip, i a member of the PFA at the national level. The rule of the PFA have a clear autonomy rule proviion: the PFA cannot direct any of it branche to undertake certain action. All branche have ditinct autonomy to operate, particularly regarding finance. One of the real trength of the PFA, therefore, i the goodwill that need to exit around the table for the organization to operate effectively. Since the PFA inception in 1998, it ha made a point of operating on conenu intead of by majority rule. Thi ha erved the organization and it member well. The tate, territory, and federal aociation bodie have built a formidable reputation for their ability to lobby their repective government on a range of policing iue, particularly pay and working condition for their member. Mot, over the year, have engaged in very overt political lobbying by the ue of indutrial and political action to enure that their trategie are met. Their ue of the media ha alo played a key role in their campaign. On everal occaion, thee indutrial and political action, together with accompanied media campaign, have een tate police aociation overturn the government of the day. Police pay and reource have generally been at the forefront of the mot hotile tate police aociation campaign. The PFA, on behalf of it 50,000 member and through the member affiliate aociation, i looking to ultimately extrapolate that trength to the national political arena. It i little wonder that the variou tate government and police commiioner objected to the formation of the PFA during the Unlike the United State, police aociation or the PFA do not publicly endore political candidate and, therefore, are free to lobby both major political partie and all minor partie at the tate, territory, or federal level. Aociation and the PFA are apolitical and, in fact, a number of aociation have implemented rule that prevent them from being affiliated with political organization. There have been a number of intance, however, where aociation have clearly hown a preference for a particular ide of politic, more often than not, to good effect. 21

50 Police Labor-Management Relation (Vol. I) Strategic Plan hile the key trategic direction of the PFANZ member organization wa primarily helping each other in alary negotiation and related activitie, the formation of the PFA aw the affiliate looking in new direction. In late 2000 at the PFA Annual Federal Council meeting, attendee developed a trategic plan, the key plank of which concerned political lobbying and included the following tatement: The PFA require a trategy to increae it influence with the Federal Parliamentary and Government Proce and thereby raiing the profile and influence of affiliate within their own juridiction. In thi context the proce include all element of the Government, including the Oppoition and the partie and individual of the cro-benche, the Commonwealth bureaucracy, and extend to key member of the media and influential party figure external to the parliamentary proce. The range of iue will include workplace relation, matter of a profeional nature and broader community concern of pecific interet to policing. The long-term objective i to enure that when any matter of interet to the profeion i under conideration by Government or policy maker at the Federal level, the Federation i included in the conultative proce. PFA Firt Campaign Following the formation of the PFA, the federal government introduced taxation legilation in Autralia that ought to identify thoe tax payer who otenibly hid their real income by taking ignificant portion of the alary in perk (motor vehicle, houe payment, etc.) that were not effectively taxed. Police officer who were required to take a police vehicle home becaue they were on call and thoe officer in country and regional center who received ubidized rent in police houing, often attached to a police tation, were affected by what i known a the Reportable Fringe Benefit Tax (RFBT). The PFA argued that thee perk were impoed condition of ervice and therefore hould not be ubject to a tax. The PFA took thi iue up on behalf of it memberhip a it firt real federal campaign. ith atute ue of the media, in particular talk radio, the PFA conducted a campaign in which every member of Federal Parliament in a vulnerable eat wa viited by State Police Aociation official accompanied by their local member who were affected by the tax. The law wa eventually changed and, in mot intance, police were exempted from the tax. Not only did thi victory ave many million of dollar for thouand of police officer, the eight police force around the country, who alo had expoure to variou apect of the tax a employer, alo aved many million of dollar in exemption. Thi wa a trong reminder to tate, territory, and federal government in Autralia of the power of a national police union with 99 percent of 50,000 potential member. The PFA ha ince identified a number of other federal government iue that it intend to purue. Thee include uperannuation (penion) iue that are covered by federal legilation, funding arrangement of policing organization, the contruction of a national police memorial, and a range of police profeional concern uch a training and development. 22

51 Policing and Police Labor Relation in Autralia Police Aociation and Police Reform Police aociation in Autralia have not alway been looked on kindly by academic. They have been portrayed a impeding police reform, fearful of change, and elf intereted. Oftentime thi perception i upported by the media. Police aociation acro Autralia obviouly do not agree with thi view and in 2003 agreed to work with reearcher from the Autralian National Univerity in Canberra on a project titled Police Union and Policing in the 21t Century. The project wa to explore the extent to which Autralian police union were adapting to the change taking place within the policing environment and to what extent the union internal organizational capacity enabled them to proactively contribute to the development of policing generally. The finding of the project, which were preented to the PFA executive in late 2004 indicated that four central challenge were identified for Autralian police union in the context of the changing nature of policing. Thee challenge were the following: 1. Broadening police union agenda to include iue outide of the day- to-day indutrial matter. 2. xpanding their notion of profeionalim. 3. Increaing member participation in police union activitie and procee. 4. xpanding their reearch capacity to better engage in policy debate about policing in the 21t century. Broadening Police Union Agenda The reearch indicated that by confining their agenda to police indutrial iue (thu being reactive rather than proactive), police union avoided involvement in broader iue of ocial jutice. It i not urpriing (although it i omewhat unfair) that Autralian police union are often perceived a conervative bodie, concerned primarily with defending their own elf-interet with little regard to the iue confronting the communitie in which they are embedded. The reearch alo pointed out that if police union do not continually can their environment they may be caught unaware by the variou force that are haping their employment condition and the very core of policing a a profeion. The firt challenge then i for the police union to broaden the agenda and conider how they can move beyond the concern of their conervative ocial bae to embrace the changing world of policing on a broader level. Thi will require a le reactive and more proactive approach. Police union have alo tended to limit their thinking and their campaign to iue that are of a pure indutrial nature. Thi inevitably reactive approach ugget that other development in the field of policing may take them completely by urprie. A trong reearch component would alert police union to uch development and the debate that drive and inform them. Debate and dicuion on important iue uch a privatizing certain police function, bringing in civilian to handle clerical and adminitrative work, and involving the community in policing hould be taking place at all level. Reearch ugget that police union generally retain trong upport from the community. It i important that thi remain the cae. One way of doing thi i to conider engaging in community outreach project and to make clear (and informed) public commitment to ocial jutice iue. 23

52 Police Labor-Management Relation (Vol. I) A recent ubmiion by the PFA to a Senate Select Committee on Mental Health gained wide community and health-ector upport. The ubmiion argued not only about the dilemma facing police dealing with people in the mental health ytem, it wa empathetic to the people who are the ufferer of mental health illne. Autralia police union have taked out their place a the leader of thi debate and have been able to bring a wide community grouping with them. Another area where the PFA ha become a leading voice i in federal funding for locally baed innovative grant program that are deigned to bring local police together with their local communitie on local crimeprevention initiative. Thee iue alone hould provide a good example of the influence that police union can have on haping (and indeed creating) wider public debate. A trong reearch bae and high public expoure on other like iue would allow union leader to peak confidently and peruaively about broader iue of concern to the community. xpanding the Notion of Profeionalim The iue of profeionalim ha been on the police union agenda for ome time. The profeionalization debate ha been pearheaded primarily by the police union, not by police management, and the PFA ha actively purued it goal of profeional mobility, nationally recognized tandard, and conitent training outcome. The PFA ha realized the importance of enuring that police officer play a ignificant role in haping the future of the police profeion. A a reult, they conducted a Future of the Police Profeion conference in early The conference, which originally wa to be a joint conference between the PFA and police commiioner, wa run olely by the PFA. Many argue that thi outcome i better than a joint conference with the commiioner becaue they have not provided any clear viion for the future of policing. Police union argue that it i vital that operational police drive and develop their profeion, rather than be ubject to the reactive demand of politician. They ugget that policing already contain many of the requiite feature of etablihed profeion: an excluive body of knowledge and kill, autonomy or dicretion, profeional authority and client focu, community anction, and code of ethic and elf-regulation. The conference addreed everal key iue including the following: The role of police in a contemporary liberal democracy, which examined the philoophy and model of policing, the relationhip of policing with other profeion, and intergovernmental relation in policing The need to protect the independence and integrity of the office of contable by examining the role of private ecurity and econd-tier policing, the role of police union, police overight arrangement, and the politic of policing The identification of model for the trategic direction of the policing profeion in Autralia, including examining education iue, a poible police regitration model, policing reearch, and the philoophy of eparating the policing profeion from the police employer. 24

53 Policing and Police Labor Relation in Autralia Increaing Member Participation in Union Activitie and Procee The extent to which Autralian police union are able to extend their program and repond effectively to their environment i dependent on their internal organizational capacity. The degree to which the union are able to repond to member need depend on the extenivene of democratic procee within their organization. One of the bigget challenge confronting police union i to enure gra root participation in union activitie. Police union in Autralia enjoy 99 percent memberhip, but thi cannot be taken for granted. Thi trong memberhip rate i the police union greatet trength and potentially their greatet weakne. Arguably, they have become complacent about memberhip participation and involving their member more pecifically in deciion-making procee. Member tend to pay their due and wait for the union to operate in their bet interet. Undaunted by the multiple demand of their memberhip, union leader traditionally have accommodated thi apathy. The whole iue of memberhip apathy i one that union throughout the world and in all ector are attempting to addre. Mot Autralian union (including the police union) now have clearly defined delegate tructure. In everal Autralian police union, advanced delegate training i taking place in an effort to attract greater member involvement. xpanding the Reearch Capacity of Police Union The area in which the organizational capacity of mot of the police union wa found to be weaket by the ANU review wa it reearch capacity. Mot of the union did not have a dedicated peron or team to conduct reearch. The union, to their credit, have recognized thi a a eriou problem. Union that have reearch officer have tended to make ue of reearch peronnel for indutrially baed iue, uch a reearching the next enterprie bargaining agreement. Police aociation have recognized thi hortcoming and, baed on recommendation from the ANU report, have agreed to engage a reearcher at the PFA. The 2004/2005 trategic planning exercie by the PFA ha clearly indicated that a far greater reearch capacity i required not only within the PFA but in the tate union tructure a well. A review of the iue and objective identified in that planning exercie make a clear cae for reearch for the PFA. Reponding to the Challenge The PFA i beginning to repond directly to the challenge outlined above. In it 2004/2005 trategic plan it identified a et of key objective for the near future. hile we will not cover all of it objective here, we will point to thoe that reonate with the challenge that emerged from the reearch conducted by the ANU in partnerhip with the PFA. Firt, the PFA believe that it i important to more carefully define what i meant by police profeionalim a ha been outlined above. The Future of the Policing Profeion Conference wa the beginning of a reearch proce to devie a dicuion paper that will form the bai of deliberation with all police union in Autralia. One of the focue of the conference and the dicuion paper wa to devie a model for profeional regitration. 25

54 Police Labor-Management Relation (Vol. I) Second, the PFA, in looking at it environment, ha decided that it want to contribute to more effective mean of combating crime. In thi regard, the PFA ha undertaken to conduct reearch into current policing funding arrangement and how uitable thee are for combating crime in Autralia. The iue of the Innovative Grant program earlier dicued i a key component of thi reearch. The PFA i alo committed to reearching the feaibility of developing a model imilar to the highly ucceful community oriented policing program in the United State. Third, the PFA ha made an obligation to look beyond the relative privileged circumtance of police union in Autralia to conider the plight of police worker in other countrie. In thi regard, the PFA i committed to aiting fellow police member in the South Pacific to form trong and effective police union. The PFA will lend a hand in planning and building the capacity of the exiting (weak) police employee organization and will alo advie and contribute, where poible, to improving the training and equipment of police in thee countrie. Unlike police aociation in the United State and the United Kingdom, Autralia ha not yet experienced plinter group within their memberhip. Having watched thee experience unfold in both thoe countrie, Autralian police aociation are very conciou of enuring broad repreentation; hence, the development of group uch a the PFA omen Adviory Group. Such repreentation i not alway eay to achieve, and one area where all aociation have a common concern i the inufficient number of young member wanting to take active role in their aociation. In early 2003, the PFA purchaed a property in Canberra, Autralia capital, a it national office. The purchae price of almot $1,000,000 which wa funded olely from member ubcription, did not go unnoticed by the power that be in the capital. In September of that year, the Prime Miniter of Autralia officially opened thoe new office. In hi peech, he recognized the work of the PFA a a lobbying force on behalf of policing and in opening the building, he tated the following: in declaring thi building open I m ure that it will be the hive and the launching pad of much lobbying of the federal government and I m ure my colleague will get very ued to over the year the taff who work here. The Prime Miniter, in hi own word, had conceded what the 2000 Strategic Plan had forehadowed. The PFA had arrived and wa accepted a a legitimate lobbying arm of Autralian police and policing by the highet office holder in the country. 26

55 Policing and Police Labor Relation in Canada A Perpective from Northern ater Chapter 4 POLICING AND POLIC LABOR RLATIONS IN CANADA: SIMILARITIS AND CONTRASTS ITH TH UNITD STATS OF AMRICA By Dale Kinnear, Director of Labour Service Canadian Profeional Police Aociation Municipal, provincial, and federal level of government provide policing in Canada. Conequently, good labor-management relation acro the ector require productive interaction with police management, civilian governance authoritie, and three level of government, which i no mall chore! There are more imilaritie than difference in policing and police-labor relation between Canada and the United State of America. here difference exit, however, they are ignificant. It i fair to ay that whatever become topical or at iue in United State policing will be knocking on our door in hort order. Canadian law enforcement ha een the growth of community policing, civilian overight, racim, racial profiling, ue of force, flavor-of-the-month management tyle, emerging equipment, and new technology. e invariably attract the media potlight and crutiny when a enational incident hit the U.S. media. Perhap the bet example of thi influence wa in May 1992 when an allegedly racially motivated incident involving Lo Angele police parked riot in Lo Angele. The city of Toronto experienced a couple of night of rioting attributed to the Lo Angele incident. Following that copycat action, the Ontario government commiioned an inquiry that reulted in weeping change to police regulation. Cro-border media influence i reponible for uch reoccurring influence and the all-too-common knee-jerk reaction. Racial profiling i the latet croover iue. Thi kind of influence i not limited to U.S. policing. Iue in the United Kingdom and Autralia have influenced our political mater and enior police executive in Canada. ith the tage et, it eem bet to tart thi comparative analyi and commentary with an explanation of policing and police labor relation in Canada. Policing in Canada Canada population i lightly more than 31 million people. A of June 15, 2004 Statitic Canada report that there were 59,906 police officer and approximately 22,187 civilian peronnel in Canada. At 188 police officer per 100,000 population, we are 26 percent lower than ngland and ale (253 in 2003) and 22 percent lower than the United State (242 in 2003). There are approximately 240 police ervice in Canada. The Contitution Act of 1867 (formerly the Britih North America Act) i the authority for federal and provincial government juridiction over policing. Section 91(27) of the Act confer authority on the federal Parliament to legilate in relation to criminal law (nglih common law) and procedure. The power to legilate in repect of peace, order and good government, betowed at. 91, alo grant additional federal power that influence our policing tructure. The federal government ued thi authority to enact the legilation that created our national police force, the Royal Canadian Mounted Police (RCMP) in

56 Police Labor-Management Relation (Vol. I) Mot policing reponibility i under provincial juridiction. Provincial legilature are empowered by virtue of. 92(14) of our Contitution Act to make law in relation to the adminitration of jutice. Our Supreme Court ha ruled that the adminitration of jutice provide juridiction over civil and criminal jutice and that policing i a part of thi criminal jutice reponibility. Provincial legilation delegate much of the ervice delivery to municipalitie. Several juridiction require municipalitie of more than 5,000 people to fund and provide the ervice while the province fund rural area and municipalitie with maller population. Full cot recovery i the practice in other. Policing in Canada, the uropean immigrant verion, originate in eatern Canada. In our early hitory, reponibility for the maintenance of law and order fell to the military; in our cae French and nglih. Although the city of Quebec i on record a employing the firt full-time police officer in the late 1600, in mot area the firt regular, nonmilitary, policing preence wa the parih or county contable. The office of contable wa authorized in the mid-to-late They were officer of the court who worked under the authority and direction of a jutice of the peace. The firt uch appointment, not including Quebec before 1763, were under Britih law. Nova Scotia (1765) and New Brunwick (1786) enacted legilation that provided legal tatu to the individual contable appointment and complementary legilation that aigned pecific dutie and authority baed on the common-law power of the office of contable. The earliet known record of a police officer killed in the line of duty wa a high contable from York, now Toronto, in Structured municipal policing, under full control of civil authoritie, did not emerge until the mid Thee early municipal force employed the firt full-time permanent police officer. Contable till policed rural area under the authority of a jutice of the peace. Sir Robert Peel model and philoophy were adopted for thee early ervice and continue a the bai for the tructure that exit today. Although our origin are in municipal policing, provincial force were formed in all juridiction between 1850 and Between 1928 and 1950, all but three were dibanded when their provincial government contracted with the RCMP to provide provincial ervice. Only the province of Ontario, Quebec, and Newfoundland/Labrador maintain provincial force. A national police preence wa forever tamped into the Canadian identity and the mind of non-canadian in 1873 with the creation of the RCMP. The government of the day formed and dipatched the North et Mounted Police (modeled after the Royal Irih Contabulary and mounted rifle apect of the U.S. Army Cavalry in the American et) to wetern Canada to addre policing iue of the day and reaffirm Canadian overeignty in the wetern half of the new nation. Thi new federal preence expanded coniderably during the next 60 to 70 year. From 1928 to 1950 it wa contracted out to eight of the ten province to aume provincial policing reponibilitie. They alo erve on contract to our three northern territorie. In the mid-1940 the RCMP ventured into the municipal policing buine under direct contract to municipalitie. Thi facet of RCMP contract policing ha grown rapidly during the lat 20 year. It now ha municipal policing contract in even of the ten province, 200 municipalitie in total. hile mot of it officer are employed in the delivery of municipal and provincial policing, the RCMP ha federal and national reponibilitie a well. It play an enforcement role in federal tatute regulation over revenue, alcohol, narcotic, controlled drug, immigration, cutom, and excie. The federal government ha deployed a police preence to deal with ome of thee reponibilitie that predate the RCMP. National police ervice include information upport for management and operation of our criminal record, DNA, exual offender and firearm databae; forenic laboratory ervice; criminal intelligence ervice; the Canadian Police College; and United Nation peacekeeping ervice. 28

57 Policing and Police Labor Relation in Canada The mot ignificant change in organization and tructure during the lat 30 year i the amalgamation of mall police ervice into larger regionalized ervice and mall municipalitie dibanding their ervice and contracting with their provincial police provider. The number of police ervice decreaed by more than 50 percent in that time. Police Labor Relation in Canada A i the cae with policing, labor relation in Canada are divided into provincial and federal juridiction. The Parliament of Canada i retricted to juridiction for labor relation in a few key area. Thi limited federal authority in the Canada Labour Code (CLC), govern federal work, undertaking, or buinee and their employee. The CLC applie to all apect of labor relation in the following ector: broadcating; banking; potal ervice; airport and air tranportation; hipping and navigation; interprovincial or international tranportation; telecommunication; indutrie declared for the general advantage of Canada; buine activitie in the Yukon, Northwet Territorie, and Nunavut; undertaking of Firt Nation on reerve; and certain Crown corporation. The CLC doe not apply to federal government employee. They are ubject to the Public Service Staff Relation Act (PSSRA). The CLC and the PSSRA do not cover member of the RCMP and the military. The balance of labor relation in Canada i ubject to provincial juridiction under their repective labor code, trade union, or labor relation act. Only New Brunwick, Nova Scotia, and Prince dward Iland allow repreentation by external, nonpolice bargaining agent. Although bargaining unit in thee three province are not retricted to publicector union repreentation, the Canadian Union of Public mployee (CUP) i the only outide agent repreenting police officer. Several juridiction have eparate tatute to addre police labor relation. Some province have included labor relation in their policing tatute. Several find their bargaining authority in the provincial code or act that govern all worker and employer and they are afforded all the protection therein. Thoe who do not may be retricted from unfair practice protection and other labor law tenet. ential ervice deignation, nonaffiliation with outide labor group, and retriction on political activity are common claue in governing tatute. The province of Sakatchewan i the only juridiction that allow police the right to trike. The proviion require notice to the employer, which provide the ability for the provincial government to order conciliation or arbitration and to end in the RCMP to provide ervice. The right to trike i till on the book in everal other provincial juridiction, but eential ervice deignation and other legilative arrangement negate the option. The mot recent police trike wa in Kentville, Nova Scotia, in 2002 and it lated 48 hour. The province of Nova Scotia repealed the right to trike proviion in December 2004 and ubtituted binding interet arbitration. The lat full-blown police trike in Canada involving a lengthy work toppage wa Dartmouth, Nova Scotia, in 1989; and it lated 29 day. Regina and Sakatoon, Sakatchewan were in a lawful trike poition in 1994; however, their union did not withdraw ervice in the true ene of the term. Officer were on the treet, but the union were very much in control. The trategy wa very effective and erved a a wake-up call to the province and the municipalitie. Aociation repreenting officer with the right to trike are on record a preferring binding interet arbitration to the right to trike. The power to change the ytem ret with the province. The Sakatchewan legilature ha not entertained meaningful dicuion or negotiation on the iue. Although autonomy i the norm in individual police bargaining unit acro Canada, Britih Columbia police union ue a coordinated bargaining trategy among 11 of the 12 unit. Sakatchewan union recently implemented a variation of the coordinated ytem, more properly decribed a pattern bargaining. All but the larger bargaining unit in Quebec rely on the provincial federation to handle bargaining and mot other police labor activity. The Police Aociation of Nova Scotia (PANS) repreent all Nova Scotia bargaining 29

58 Police Labor-Management Relation (Vol. I) unit except the Halifax Regional Police. CUP repreent even of nine New Brunwick bargaining unit; CUP and PANS repreent Prince dward Iland bargaining unit. All other bargaining unit in the country are repreented by their local executive at the bargaining table and mot rely on provincial aociation or federation to repreent them in federal and provincial legilative matter. The province generally rely on the CPPA Board to addre national and federal iue, primarily criminal jutice reform and federal and national policing iue. Municipal, Provincial, and Federal Repreentation Our municipal police were the firt to organize and bargain. Our oldet police union wa etablihed in 1875 in Saint John, New Brunwick. Again, in imilar fahion to the U.S., real growth and gain for union are related to the deire for labor peace during ord ar II and the legilation drafted to achieve that objective. Mot of our municipal police union can trace their firt bargaining experience to the pot-war era. Provincial police employee were the lat to achieve legilated bargaining right, in the late 1960 and early Member of our federal police ervice, the RCMP, do not have the right to bargain. More on that obviou inequity later. Ontario, Quebec, and Newfoundland/Labrador have provincial police force. Officer of thee department have their own independent, tatutorily deignated bargaining unit and bargaining legilation i tailored to their tatu a provincial government employee. e have three federal affiliate repreenting railway and aboriginal police ervice bargaining unit and ome member of the RCMP. The Canadian National and Canadian Pacific Railway Police Aociation repreent Canada two railway police ervice. They are independently certified autonomou bargaining agent. They have pecial deignation under the CLC and cannot repreent any other corporation employee. Our newet federal affiliate repreent officer employed by Firt Nation police ervice. Like the railway police aociation, Firt Nation are under the juridiction of federal labor law. Thee bargaining unit were certified in the lat 10 year, ince the inception of a new federal provincial policing program for aboriginal territory. There i ome very recent organizing and certification activity in Firt Nation ervice and thi will continue a the policing program expand. RCMP member are denied by law the right to form a union. Thi excluion in tatute originated with an Order-in-Council of the federal cabinet iued in Although the form of legilative excluion ha changed ince then, the RCMP remain excluded by legilation from unionization and collective bargaining. The RCMP and the federal government have no appetite to change the tatu quo. The CPPA RCMP affiliate comprie three regional RCMP member aociation whoe main purpoe i to acquire collective bargaining right. Some intereting Federal Court and Supreme Court battle were waged over bargaining right in the lat 20 year. Coniderable political activity, including focued lobbying of federal politician from all partie, ha been brought to bear by RCMP member. They have ecured both large and mall victorie along the way and a lot of money for their caue. Their effort, o far, have been unucceful in replacing the RCMP Diviional Staff Relation Repreentative Program (DSRR) with a legitimate bargaining regime. The DSRR program doe not provide for collective bargaining, neutral and binding third-party grievance arbitration, binding interet arbitration, or policy grievance and there i no igned collective agreement. In hi dienting opinion in the cae that brought the collective bargaining iue to our Supreme Court, a judge of the Quebec Court of Appeal claified the DSRR program a a management-impoed company union. All other police officer in Canada have the right to collective bargaining. 30

59 Policing and Police Labor Relation in Canada The National Police Aociation ffort The Canadian Profeional Police Aociation i an organization that erve a the national repoitory for police labor relation information. It endeavor to provide it member with timely, accurate information and analyi on wage, benefit, working condition, equipment, health and afety, police governance, police dicipline, negotiation, grievance and interet arbitration, and other matter determined by the board and memberhip. Our firt national organization, the Canadian Police Aociation (CPA) wa formed in 1962 when Nova Scotia, Quebec, and Ontario joined force with the etern Canada Police Aociation (CPA). Police union leader from Britih Columbia, Alberta, Sakatchewan, and Manitoba formed the CPA in 1948 to advance the view of the officer on the treet and to facilitate information haring in the puruit of improved wage and benefit. Thi confederation of provincial group adopted the charter and letter of patent of the CPA to tart the CPA. New Brunwick, Prince dward Iland, and Newfoundland affiliated hortly thereafter and a truly national police labor group emerged. Until the mid 1980 the CPA concentrated it effort on wage and benefit iue and ventured into the federal political arena only on uch iue a penion, taxation, and capital punihment. Over time, however, the member became more and more frutrated with federal criminal law and proce. In 1988, the CPA etablihed an office in Ottawa, the nation capital and during the next 2 year, full-time taff weighed in on criminal jutice reform and federal and national law enforcement iue. In hort order, the national office captured the attention of Parliament and quickly became the police ector major player in criminal jutice reform and law enforcement iue. Until 2003, the national tructure wa baed on ten provincial and three federal affiliate, each of which wa an autonomou police aociation and federation repreenting ingle or multiple bargaining unit. In Augut 2003, a new organization called the Canadian Profeional Police Aociation (CPPA) wa formed to addre the concern of larger bargaining unit that had recently withdrawn from their repective provincial aociation or federation, which by conequence took them out of the CPA. In 1999, thee large bargaining unit formed the National Aociation of Profeional Police (NAPP). In early 2002, both aociation agreed that one national group wa the bet option and proceeded into negotiation that realized a hared viion and created the CPPA. ith a change in tructure and name, and in imilar fahion to pat merger, adopting the charter and letter of patent of the previou organization, it became again a national voice for frontline police peronnel in Canada. The new tructure provide for direct affiliation by individual bargaining unit intead of affiliation through provincial bodie. Larger municipal and provincial entitie have eat by right on the CPPA Board of Director. Provincial and federal repreentation i baed on a regional concept. All board eat involve repreentation by a population formula. The CPPA ha 54,000 member. Mot unionized police employee are in tatutorily deignated bargaining unit, reulting in police employee repreenting police employee at the bargaining table. Until 1998, memberhip in the national body wa retricted to police officer only. Provincial bargaining regime determine if police officer and civilian are in the ame bargaining unit. Delegate at the 1998 annual general meeting approved memberhip for civilian member conidered part of police bargaining unit. Thi increaed memberhip by 5,000 overnight. ith the merger in 2003, another 5,000 civilian from two large Ontario bargaining unit doubled the number of civilian member. The potential for future growth in thi area i dependent on local, provincial, or federal affiliate auming bargaining reponibility for civilian police peronnel in their juridiction. CPPA uniformed memberhip mainly comprie noncommiioned officer and contable rank. Only one or two of the bargaining unit that affiliate with the CPPA repreent it ocalled commiioned or enior officer. 31

60 Police Labor-Management Relation (Vol. I) Brief Hitory of the Labour Movement in Canada. ducation Department, Canadian Union of Public mployee. The Divergent Path of Organized Labour in the United State and Canada, Dr. laine Bernard, xecutive Director, Harvard Trade Union Program. here I the Contrat? Trade or craft union have exited in Canada ince 1814 and meaningful trade union law wa enacted in Our labor relation hitory i not remarkably different from the ret of the weternized world and like everything ele north of the 49th parallel, i influenced by our American neighbor. Our local, regional, national, and international indutrial and craft union movement have been intertwined ince the concept of organized labor hit the continent. The hitory and development of our policing and police union involve the iue, timeline, and impact of the indutrial revolution. migration to North America throughout the 1800 and early 1900 and the eatto-wet population pread acro the continent in that ame time period are epecially ignificant in our country hitory and our police and police labor relation hitory. Canadian police union are fortunate in having had an eaier time of it than mot American police officer and union in organization, recognition, and the ability to bargain collectively. Thi i a direct conequence of our bargaining unit affiliating into provincial and national aociation. Thi provided trong repreentation with all level of government and influence over policy and legilation. It include protection of the ability to bargain for fair wage and benefit and to improve working condition. Additionally, thee alliance are reponible for our provincial and national aociation involvement in policing iue that ome may view a outide the conventional cope of our labor relation regime. e take the poition that virtually everything a government juridiction doe in regard to policing affect the working condition of our member. e want to be conulted and eek input into whatever our political mater are contemplating regarding policing. Labor relation in Canada and the U.S. hare a imilar hitory and imilar original legilation. So why are the bargaining regime and outcome o different? The one word anwer i legilation. hether public ector or private ector, the notable difference between Canadian and U.S. labor relation hitory i that Canadian legilator have not eroded or outright annulled the ubtance and pirit of our early, formative legilation that enable the organization and certification of bargaining unit, recognition of union by employer, and facilitate collective bargaining and the adminitration of collective agreement. Conequently, police labor relation in Canada operate in a protected environment where neutral third-party dipute mechanim, like binding interet arbitration, are the norm. To our advantage a well, arbiter and mot employer negotiator recognize the police a unique employee in unique workplace. Police-to-police comparion generally i the accepted tandard. For the mot part, thi ha allowed u to hold our own in comparion with elf-regulating profeion, with each other regionally, and for larger bargaining unit nationally. Mot important, thi protected environment ha allowed u to tay ahead of the private ector and eparate ourelve from the ret of the public ector in gain in alary and benefit. Good wage and benefit package account for the low incidence of police corruption in Canada. Being able to rely on a defined proce in our legilation and maintaining a favorable image in the eye of the public a well a the repect of mot of our politician ha helped u urvive, and in mot workplace avoid, poor labor-management relation. hat i the ecret to good relation? Repect! A recurring theme in bad police labor-management relationhip i lack of repect by management for the union and management frutration over the union ability to influence employer-employee relationhip. In Canada, where you find good labor-management 32

61 Policing and Police Labor Relation in Canada relationhip in the police ector, you will uually find mutual repect and undertanding of function and operation. In workplace lacking mutual repect, management and the employer will get the type of union they deerve, and vice vera. Another aving grace in Canada, once again a conequence of conitent legilation and the uninterrupted ability to bargain, i the fact that all of our enior police executive and middle manager, except the RCMP of coure, are or have been union member. A urpriing number have held executive poition in their bargaining unit. Thi ha done a lot to maintain repect between the partie. Policing in Canada i referred to a quaimilitary and indeed our federal and provincial force can be claified a paramilitary. Thi can often be a root caue of labor relation problem in policing. Thee military overtone in tructure and operation and military-like thinking by ome middle manager and executive clahe with collective bargaining. The union i often viewed a the culprit in a bad relationhip, even when merely exerciing it right a a bargaining unit or atifying obligation to meet the duty of fair repreentation. It eem that thee type of manager and employer can accept and adjut for all other legal obligation and requirement impoed on our occupation, yet fail to recognize that the tatutory regime for labor relation hould command the ame repect and compliance. Some apect of thi military factor may not be a pronounced in Canada. Although military tructure wa formative in our beginning and till affect u today, unlike the United State, the military i not a ignificant ource of employee in Canadian policing, except for hort period after orld ar I and II. Conequently, former military people do not dominate mid- and enior-level management poition. Thi may help our labor-management relation. Good police labor-management relation do not come eaily. Both ide have to work at it and be willing to put thing behind them in the interet of improving the ituation. The partie will never agree on everything and there will alway be dipute where compromie cannot be achieved. Certain iue will go to a neutral third party for reolution. Both partie hould be expected to exercie their right under the proce etablihed in the bargaining regime or through the court. Management hould not be urpried or agitated when the union goe to the media or otherwie appeal to the court of public opinion. Management and labor mut find a way to get beyond pat diagreement and deal amicably with the next iue. A corchedearth mentality benefit no one. Thi i not to ay that the union hould be the firt to back down or acquiece on a contentiou iue or never engage in political activity and media campaign to influence the public, the politician, or management. Until recently, Canadian police union did not endore political candidate or become openly involved election campaign for any level of government. e, however, have a long hitory of getting involved in key iue like the repeal of capital punihment and change to penion or taxation law. Real political activity ha emerged only in the lat 30 year and candidate endorement in the lat 10 year. e find ourelve more and more involved in local, provincial, and federal election in one form or another. In the lat couple of year, a few local and provincial aociation have publicly endored candidate in provincial and municipal election. A with tactic, the reult are varied, and we learn and improve with practice. Although there are ome recent experiment, we have yet to weigh in regularly on partian politic with declared, publicized or financial upport for one candidate over another. e have alway worked behind the cene effectively, including eeking out people to run againt incumbent. To date, our practice for federal election endorement i to identify and upport candidate from all partie, uually incumbent, that upported our criminal jutice reform iue. 33

62 Police Labor-Management Relation (Vol. I) Although cautiou, we have not been bahful ince police union and collective bargaining wa etablihed. In the lat 25 year we ve had our hare of protet in the form of ma marche, no-confidence vote, picketing, job action, media campaign (radio, televiion and print paid and unpaid), billboard, election handbill, and jut about anything ele in practice, including trike in the two provincial juridiction where the right to trike till exit. Union have taken to thee tactic in taffing campaign, influencing legilative change, and to garnering public upport for fundamental bargaining iue. Canadian union have toppled a few chief of police and helped defeat at leat one provincial government, everal mayor, and lot of municipal counelor. e ve made a lot of noie and attracted a lot of attention. Some of our media outlet have blamed thi political activity and attitude on our American neighbor. Many of our big media outlet have targeted and criticized Ron DeLord (preident of the Combined Law nforcement Aociation of Texa) and a few of the larger U.S. police union a the ource of uch teaching. e try to learn from everyone and make no apologie for engaging in political activity in defene and upport of our member and to accomplih our objective. The threat of further retriction or flat out prohibition of political activity by police union urface regularly acro the country. At leat two of our provincial government are rattling their aber about clamping down on political activity by police union. Above all ele, we improve a union by learning from other. Mot of what any of u know about thi buine we have learned from other or their experience. Thi will alway be the cae. e have to be aware to what other are doing and be prepared to repond to imilar threat or iue. Above all, we mut be willing to join force. The key to our ucce in Canada ha alway been and will alway be olidarity, locally, provincially, nationally, and now more than ever, internationally. The benefit of thi approach ha played out once again ince we hoted the inaugural meeting of the International Law nforcement Council (ILC) in 1996 and the econd meeting in 1998 to bring international police union together to hare information and tactic. The concept wa well received and the outcome more than ucceful. Subequent conference were hoted by the Police Federation of ngland and ale in 2000, the Police Federation of Autralia in 2002, and the Scottih Police Federation in The U.S. will hot the 2006 conference in Texa. Like other participant, we were very familiar with our continental counterpart, but more or le ignorant about international player. The ILC forum etablihed international connection and developed a working hitory that benefit current union executive and create a legacy of cooperation for their ucceor. 34

63 SCTION TO: PRSPCTIVS FROM TH BRIDG

64 The Police Chief: Heaven or Hell? The Police Chief Role: Finding a Clear Channel By Chief Jerry Hoover (Retired) Reno, Nevada, Police Department Chapter 5 TH POLIC CHIF: HAVN OR HLL? Two job in law enforcement are very difficult to prepare for. The firt i ergeant: the jump from officer to ergeant i huge compared to the ucceive promotion that officer may go through later in their career. Thi i becaue the next everal promotion are matter of degree rather than quantum change in role; that i, until you reach the other difficult tranition: chief of police. No one can prepare omeone for the reponibilitie and trying time of a chief job. ven acting chief have a hard time undertanding what a permanent chief life i like. People will never know what to expect until they actually it in that chair and open themelve up to the attack, miundertanding, lawuit, grievance, and whatever ele that pop up in that profeional minefield. Firt and foremot i the tre chief go through if they really care about their community and department. hile many chief of police have contract, many do not, and thi may caue natural conflict in their ability to make proper deciion. If police chief are alway wondering whether their job are on the line, their deciion may be affected to the point that they chooe, even ubconciouly, to protect their own interet over providing the bet ervice to the community or to the officer. An old adage tell u (and many in law enforcement repeat) that heriff run for office every 4 year, police chief run for office every day. The caue of thi tre are varied. veryone i looking for the chief to make a mitake. In ome cae, they may even et the chief up for failure. The union i one uch group that may do jut that. It i much eaier being a leader without formal authority, uch a a labor leader, becaue he or he can pick the iue and battle. The chief, on the other hand, doe not have that luxury. The chief i reponible for anything that happen and i required to fight defenive battle everyday. Other people who may wait for the chief to trip and fall include elected official, the rank-and-file, in ome cae city manager, pecial activit group, and the media. ven if the chief i lucky enough not to have variou people waiting in the wing to applaud mitake, he or he will alway have competing interet for hi or her time and loyalty. All of thee group want omething from the chief, and their particular demand are rarely compatible with thoe of the other group. The chief oon realize that the job decription i vatly different from what he or he i expected to do. 37

65 Police Labor-Management Relation (Vol. I) hat can a chief do to urvive thee minefield and competing interet? It depend on how far he or he i willing to go to protect the department and at the ame time maintain hi or her own value ytem. hile there are no guarantee for job ecurity, here are ome thought about being a chief: A police chief hould identify certain goal to accomplih. They do not have to be hared with anyone; it i a peronal road map to the future and will help the chief recognize goal, both profeional and peronal. A police chief hould build a coalition that include member of taff, labor, elected official, and the community who will provide upport with the truth. A police chief mut know the difference between allie and friend. Allie change their allegiance to fit their need and, therefore, are not the chief friend. A police chief mut be honet and not waiver in hi or her conviction when challenged. If it i the right thing to do, then do it. A police mut make conitent deciion, but not to the point of continuing to move in the wrong direction. And the chief mut recognize when he or he ha made mitake and correct them. If it i the right thing to do, then do it. If not, then get back on track. A police chief hould develop a freh perpective intead of litening to omeone ele. Thi mean getting out of the fray and look at what i happening from the outide. A police chief hould have outide interet that provide a refuge from the tre; for example, teach at a univerity, have a hobby that doen t include the work-related environment, take coure unrelated to police work. A police chief mut be reponible for hi or her deciion. That reponibility cannot be delegated. A police chief cannot blame other for hi or her problem. Bad people do not comprie the union, elected official, and pecial interet group, or the rank-and-file. Thee group hould not be tereotyped or generalized. According to Pareto Law, 80 percent of the problem are caued by 20 percent of the people. A police chief cannot allow himelf or herelf to be bullied. There are time when the chief hould draw a line in the and. Thi won t ave the job, but it will ave the chief. A police chief hould know when it i time to leave. A chief who doe not care about the job, the employee, or the community i ready to leave. No matter how angry a chief i about certain apect of the job, he or he till need to be enthuiatic about erving. hen omeone attack a chief and hi or her deciion, it in t peronal. Likewie, when omeone compliment the chief deciion a being better than thoe of a predeceor, that, too, i not peronal. Being a police chief i neither heaven nor hell; it i jut a job and nothing more. A chief hould not ell out to do the job. Succe in t meaured by how long one ha been a police chief. It i more a function of integrity while erving the community becaue by erving the community with integrity, one erve oneelf well. 38

66 Diorganized Labor: The Mutinou Side of Police Union Chapter 6 By Ronald G. DeLord, Preident Combined Law nforcement Aociation of Texa One Big Union for Firefighter DISORGANIZD LABOR: TH MUTINOUS SID OF POLIC UNIONS The International orker of the orld (I or obblie ) wanted to unite all the worker into one worldwide union. That concept ha worked for firefighter for almot a century. In 1918, the American Federation of Labor (AFL) chartered the International Aociation of Fire Fighter (IAFF) a the national union for all paid firefighter. Today, firefighter generally peak with one union voice on fire-related labor iue at the national, tate, and local level becaue the IAFF repreent 85 percent of all paid firefighter in the United State. In tate where there are multiple bargaining unit for firefighter in the ame agency, both the rank-and-file and the uperviory bargaining unit are almot alway chartered IAFF local. It i unheard of for any group of firefighter to be union hopping for another tate or national firefighter union to repreent them. It i alo very rare for any union, affiliated with organized labor or not, other than the IAFF to try to organize any paid fire department. The law enforcement ervice ha been embroiled in conflict among law enforcement labor union and variou ethnic, ocial, fraternal, and gender-baed organization in the department over uch iue a promotion, hiring, and dicipline. Thi may be in part reflective of the fact that law enforcement agencie have become more diverified than the fire ervice. hile the firefighter union have had public pat between the union and minority firefighter, thee diviion have had le of an impact on the unity of firefighter union than it ha had on law enforcement union. Diorganized Labor for Police Officer The late 1800 and early 1900 were a time of ocial unret, political trife, and labor violence. After witneing the economic gain made by trade union, firefighter, and other public worker, the AFL tarted getting requet for charter from local police benevolent aociation who were clamoring to join organized labor. The unionization of the police caued a firetorm of protet. Private corporation traditionally had called on elected official to ue the police a trikebreaker, cauing bitter feeling toward police officer by trade union member and their leader. Police executive aw the police ervice a an arm of the government like the military, and the executive did not want police officer forming union and alliance with political, labor, and ocial activit. Politician and police executive aw trade labor union a a threat to the national ecurity and felt that the police force hould independent. 39

67 Police Labor-Management Relation (Vol. I) age, benefit, and working condition for police officer were dimal and harh even for that period. After Boton firefighter formed a union and threatened a trike, the city increaed wage and improved working condition omewhat for them and for police officer. In 1919, the Boton Police Social Club requeted recognition by the new police commiioner. The police commiioner refued to recognize the union and iued a memo tating, Any member of the police department who i diatified that he cannot perform hi work faithfully, honetly, and cheerfully, pending the deciion regarding the requeted alary increae may reign. The police officer appeal to the AFL for a charter wa accepted. hen the union requeted bargaining right, the commiioner terminated 19 union leader. On September 9, 1919, 1,117 of the city 1,544 police officer walked off the job. idepread looting, hundred of injurie, and even death occurred before the National Guard retored order. All the triking police officer were fired and never rehired. The ditrut and hatred of the police a trikebreaker caued the AFL union to balk at calling a general trike to upport the Boton police force. It wa a defining moment for the AFL and the fledgling police labor movement. The deciion made during thi trike forever changed the police labor movement. Police unionim practically ceaed to exit until the 1960 when police organization tarted becoming more militant. In 1969, 50 year after the Boton police trike, the American Federation of Labor-Congre of Indutrial Organization (AFL-CIO) received a requet to charter a national police union. The AFL-CIO rejected the requet becaue the ame old hard feeling againt the police till lingered. It wa not until 1979 that the AFL-CIO chartered the International Union of Police Aociation (IUPA) a a national police union. The only national police organization to urvive the 1919 Boton police trike wa the Fraternal Order of Police (FOP). FOP wa founded in Pittburgh in 1915 a a ocial, benevolent, and fraternal organization. hile FOP ha evolved ince the 1960 into a labor organization, the FOP contitution till prohibit it lodge from being affiliated with organized labor. The Police Labor Movement I a Maze of Different Union Affiliation In the maze of union affiliation that i the police labor movement, one would need a playbook to determine which aociation, lodge, and union are affiliated with which tate or national police union. In addition, many police union have dual affiliation. The Boton Police Patrolmen Aociation and the Lo Angele Police Protective League are affiliated with the AFL-CIO-chartered IUPA and the independent National Aociation of Police Organization (NAPO). The AFL-CIO-chartered International Brotherhood of Police Officer (IBPO) ha alo affiliated with NAPO for federal legilative purpoe. There eem to be ome confuion about what unionization in the law enforcement world mean. Some people believe that the police force i unionized only if the officer have collective bargaining right or the officer belong a national union affiliated with the AFL-CIO. In reality, when the officer form a local aociation, lodge, or union for the purpoe of improving their wage, benefit, and condition of employment, the officer are unionized. Officer do not need collective bargaining or meet-and-confer right to be able to influence the governing body to improve their wage, benefit, or working condition. There i no ubtantive difference between the police union affiliated with the AFL-CIO and the independent lodge and police aociation. 40

68 Diorganized Labor: The Mutinou Side of Police Union The police labor movement i divided into two camp: the independent police labor organization and the police labor organization affiliated with organized labor through the AFL-CIO. Approximately 80 to 85 percent of all police labor organization could be claified a independent and have no affiliation with the AFL-CIO. A tated earlier, it i often confuing becaue a local police union may have an AFL-CIO charter and alo be affiliated with an independent labor group. The independent FOP report a memberhip of 310,000 and i unquetionably the nation larget police labor organization. FOP report that it ha a tate lodge in each of the 50 tate. Some tate have a eparate fraternal tate lodge and an FOP Labor Council which handle labor relation for the lodge. ach affiliate in the tate i given a lodge number. The econd larget independent police organization i NAPO, which report 236,000 member. NAPO, a federation of labor union and not a labor union per e, i compoed primarily of independent police union that did not want to be affiliated with FOP. Since NAPO i not a labor union, FOP lodge can join without violating the National FOP Contitution that prohibit affiliation with organized labor, and AFL-CIO police union can join NAPO without violating the prohibition againt dual unionim in their contitution. The remaining 15 to 20 percent of unionized police officer belong to aociation and union affiliated with organized labor through the AFL-CIO. hile the AFL-CIO ha a reported memberhip of 13 million member, the bet gue on the number of police officer in AFL-CIO-affiliated union i probably between 100,000 to 150,000. The larget AFL-CIO union with a ubtantial police memberhip i the IUPA, which i the only chartered AFL-CIO police union. IUPA report a memberhip of 100,000 and recently gained the affiliation of formerly independent police union in Lo Angele, Boton, and Cleveland. It would eem that jut about every AFL-CIO national union ha organized ome police local. The American Federation of State, County and Municipal mployee (AFSCM) report having about 10,000 to 15,000 police member. The IBPO report 10,000 member. IBPO i a diviion of the National Aociation of Government mployee (NAG) which i a ector of the Service mployee International Union (SIU). SIU ha police local outide of IBPO. The International Brotherhood of Teamter report having 15,000 police member. Recently, the Communication orker of America created a ector called the National Coalition of Public Safety Officer (NCPSO) for the national union reported 26,000 police and correction officer. Surpriingly, even more AFL-CIO national union report ome police memberhip. The following are example: Marine ngineer Beneficial Aociation (MBA) Aociation for Lo Angele Deputy Sheriff. United Steelworker Union of America Tukwila, ahington, Police Union. United Automobile orker Union vat, Michigan, Police Local United Food and Commercial orker International Union (UFC) Annapoli, Maryland, Police Union. 41

69 Police Labor-Management Relation (Vol. I) Operating ngineer International Union Modeto, California, Police Officer Aociation. American Federation of Government mployee U.S. Border Patrol Council. International Longhoremen Aociation New York State Supreme Court Officer Aociation. In 2005, national union repreenting 6 million member withdrew from the AFL-CIO. The Teamter, the Union of Needletrade, Indutrial and Textile mployee, UFC, and SIU have withdrawn their AFL- CIO affiliation. It i unknown at thi time what the impact will be on the AFL-CIO and it unionized police member. It i immediately evident that the number of police officer alleged to be member of union exceed the actual number of police officer in the nation. In addition, we know that not all law enforcement officer in the nation are member of a union. hy the dicrepancy in the number of unionized police officer? There are two primary reaon. Firt, in the police labor world dual unionim i a common and accepted practice. In the private ector, it i a violation of the union contitution to belong to more than one union with the ame juridiction. To join another competing union i ground for expulion from the union. Police officer in the ame agency can, and do, belong to more than one union. The overlapping memberhip allow each national union to rightfully claim the ame member. Second, on the national, tate, and regional level, memberhip inflation i not only common, but accepted. All union, but epecially national police union, puff up their memberhip number without the leat bit of guilt. More accurate memberhip number are found only when the union i repreenting a deignated department where the authorized trength i publicly known. The Police Labor Movement I xtremely Competitive In the world of police labor relation, the organizing and unionizing environment ha alway been turbulent, hotile, volatile, diruptive, and virtually void of any national, tate, or local union loyalty. It ha become even wore in the 21t century. very tate except Hawaii ha multiple police organization competing for member within each law enforcement agency. But even in Hawaii, the police officer who are repreented in one bargaining unit by the State of Hawaii Organization of Police Officer affiliated for a hort time with the AFSCM before diaffiliating and returning to independent tatu. Switching national union or returning to independent tatu i common. There i very little long-term loyalty in the law enforcement world, either to the local, tate, or national union. In the world of law enforcement union, raid, diaffiliation, re-affiliation, decertification, and plinter group within a law enforcement agency are the rule and not the exception. For example: The independent San Francico Police Officer Aociation became affiliated with IUPA, then diaffiliated and returned to independent tatu for everal year before affiliating with SIU. Anchorage and San Diego police union igned affiliation agreement with the Teamter Union and later diaffiliated. 42

70 Diorganized Labor: The Mutinou Side of Police Union The Police Aociation of New Orlean (PANO) affiliated with the Teamter Union, but after the diatrou 1979 police trike, diaffiliated and affiliated with SIU. PANO later diaffiliated from SIU and i independent today. Tucon police were affiliated with FOP for more than 20 year. A group of officer formed the independent Tucon Police Officer Aociation (TPOA) to challenge the FOP a the bargaining agent. The TPOA decided to affiliate with the NCPSO and won the decertification election. In ahington, D.C., police officer were affiliated with an independent police aociation. They diaffiliated and join the IBPO, then later voted to diaffiliate from the IBPO and join the FOP. In Cleveland, the independent Police Patrolmen Aociation affiliated with the IUPA, diaffiliated, and year later re-affiliated. Orlando (Florida) police were repreented by the IBPO. They diaffiliated and joined the independent Florida Police Benevolent Aociation, then diaffiliated and joined the FOP. More Fragmentation: The Quetion of Supervior and Dual Unionim In the private ector in the United State, the federal law exclude upervior from the right to form a union and collectively bargain. hile ome tate law exclude police upervior from collective bargaining, generally nonupervior and upervior are member of joint or eparate police union in the public ector. In many police agencie, different union repreent the rank-and-file officer and upervior. Oftentime thee local union have different tate and national affiliation. For example: In Lo Angele County, the nonuperviory and uperviory union are affiliated with different AFL-CIO union. The Aociation for Lo Angele Deputy Sheriff, which i affiliated with MBA, repreent rank-and-file deputy heriff. The Lo Angele County Profeional Peace Officer Aociation, which i affiliated with the IUPA, repreent ergeant and lieutenant. In Phoenix, the independent Law nforcement Aociation (PLA) repreent all non-upervior. Sergeant and Lieutenant formed a union and affiliated with the NCPSO. After getting their firt contract, the union dropped it NCPSO affiliation and joined an independent tate aociation aociated with PLA. In the New York City Police Department, patrol officer, detective, ergeant, lieutenant, and captain have eparate, independent union. ven in law enforcement agencie with one bargaining agent, other police union exit with member from the ame agency, which would be dual unionim in the private ector. In ome agencie, one union i the bargaining agent and the econd union i perceived a the fraternal organization. For example: In New York City, the Patrolmen Benevolent Aociation i the ole and excluive bargaining agent for all patrol officer. In Lo Angele, the Police Protective League i the ole and excluive bargaining agent for all officer below the rank of captain. In both New York and Lo Angele, the FOP ha an active lodge with elected leader repreenting it New York and Lo Angele member on tate and national labor iue. 43

71 Police Labor-Management Relation (Vol. I) Both the Omaha Police Union, which i affiliated with the IUPA, and the Seattle Police Officer Guild, which i affiliated with NCPSO, carry advertiement for the local FOP lodge in their union newpaper. Thi dual unionim i not alway a compatible a it would appear in New York, Lo Angele, Omaha, and Seattle. The minority union, which may appear a benign or fraternal to the majority union, can be ued by diident member a a vehicle for uneating the bargaining agent. ven where the member have outed one union, that union may continue to exit and wait in the hadow for the majority union to make a mitake. ven if the minority union never achieve majority tatu again, the minority union trive to trip up the majority union leader, in particular during contract negotiation. Police management, the media, and elected official like to ee a divided memberhip. Concluion The concept of witching union and having dual union memberhip create an unhealthy atmophere for police union leader who fear that one mitep in dealing with the employer or management will caue diident officer to tart a drive to out the union, not jut the union preident. The truth i that the officer in a particular agency make up the ame pool of member and leader regardle of the union affiliation. The new and improved union i till the ame group of officer. The competition among the variou police union in raiding each other doe more damage to the tability of the local union than management could ever do. One need only look at the achievement of the Autralian and Canadian police union to recognize that in the United State the police union and police officer themelve are to blame for the chao and lack of a national collective bargaining bill. hat doe the future hold for police union in the United State? A civil war cannot end without omeone defeating the other ide or the partie deciding to reunite. Under the current ituation, no national union i going to defeat it competitor. The trife and turmoil will continue unle one or more of the national union can et aide ego and hitoric grievance to unite one or more of the competing union into a federation. There i no ubtantive difference in ervice on the national level among FOP, NAPO, IUPA, IBPO, and NCPSO. All profe to be focued on federal legilation and aitance to their tate and local affiliate. So why ha there not been an effort at merging the national police union into one powerful police labor union? The bet anwer lie in the obervation of Sergeant Harold Melnik, who wa the preident of the Sergeant Benevolent Aociation of the New York City Police Department, when he aid the following in 1974 to the National Sympoium on Police Labor Relation ponored by the Police Foundation: There i no ingle individual who ha openly come forth with the ability, acceptability and platform to rally all or mot police organization for merger into a national police union It can be aid that while the police aociation leader of the major citie recognize the aweome power that could be obtained through a national body properly led, a fear of aimilation with a lo of identity till exit in the mind of many of thee leader. Until the day come when police officer readily identify themelve a a part of labor, only local and tatewide group will uffice and proper. 44

72 SCTION THR: POLIC MANAGMNT: ALKING TH YARD ITHOUT A NT

73 Police Chief Selection and Survival Are Police Chief Becoming Outmoded Sternwheeler in the Political Debate over Crime? By Dr. Sheldon Greenberg John Hopkin Univerity Chapter 7 POLIC CHIF SLCTION AND SURVIVAL: LOOMING CRISIS IN AMRICA S MAJOR POLIC DPARTMNTS There in t enough job ecurity, money, or need within a city to make me want to be a chief of police again. Chief of police retiring after a long period of wrangling with hi mayor over crime rate. There no other job that compare. If you play it right, you come away with a feeling of doing good everyday. Chief of police on reappointment to hi econd term. If you re lucky, you get one hour a day to chief and do the thing you know you hould and could be doing for the good of the community and department. Mot of your time i taken up with meeting, budget, complaint, and whiner. Chief of police, among the mot tenured in the nation. Never ride the firt car in the parade. Advice of a former chief dicuing how to urvive a a political appointee. The poition of chief of police i one of the mot honorable, pretigiou, and rewarding poition in a free ociety. It i a unique call to ervice, unparalleled in mot other profeion. It i a poition of reponibility charged with providing and maintaining peace and afety for people and enuring the viability and utainability of neighborhood and communitie. At the ame time, the poition of chief of police may be frutrating and tediou. At time, it may eem thankle. It i alway unpredictable. The iue facing today police chief are many and varied. hile there may be imilaritie to thoe experienced by police leader in the pat, today iue are more complex, intene, daunting, and potentially exploive than at any other time in hitory. Concern uch a violence, fear, homeland ecurity, integrity, fical contraint, inappropriate profiling, civilian review, and more warrant contant attention. Preure to do more with le, meet mandate impoed by law and legal interpretation, minimize negative liability, and accommodate the legitimate need of pecial interet group i felt, to ome degree, by every chief of police regardle of locale or ize of juridiction. 47

74 Police Labor-Management Relation (Vol. I) ith all they mut do and the effect of policing on people and communitie, it i noteworthy that more chief of police do not reign, retire, or are terminated becaue of adverity. Mot complete their term of appointment or retire with their reputation, integrity, and dignity intact. There are many opinion about the average length of time a chief of police tay in office. Some ay 2 and a half year, other ay 4 year. Some ay the tenure i increaing while other ay it i decreaing. Regardle of opinion, there i conenu, albeit informal, that few chief utain tenure for an extended period beyond a traditional 4-year term in office. At the time thi text wa being prepared, 12 of the 50 larget city and county chief of police poition in the nation were vacant. Of the 12 chief no longer in office, ome left under dure, ome retired, and other imply burned out. Chief of police leave their job for many reaon: retirement, political interference, labor turmoil, bruied ego, new opportunitie, and burnout are among them. A couple of the poition were filled rapidly with the immediate appointment of an in-houe deputy or aitant chief. In ome of the other, official expreed concern that their juridiction wa not attracting a large number of qualified applicant. In a front-page article, a city council preident expreed her frutration over the earch and poed a fundamental quetion, hy would one of the nation larget citie have trouble attracting a top flight chief of police? Attracting and Shunning Candidate Law enforcement doe not necearily lure the cream of the crop to the poition of chief of police. very juridiction want to attract highly qualified, ucceful, committed, energetic candidate to take the helm of it police agency. Some move to appoint from among in-houe candidate; ome eek outide candidate; ome purue candidate baed on race or ethnicity; and ome want a candidate pool made up of all the above. Not all communitie eeking a new chief of police receive a glut of application from qualified candidate. Some obtain only a few, to the bewilderment of local official. There are everal reaon for thi. Juridiction may uffer from a negative reputation aociated with the parting of the previou chief, the demeanor or le-than-ethical behavior of elected official, or the le-than-ethical practice of the labor organization. Some juridiction do not compete well in alary, benefit, and incentive offered to a potential chief executive officer. Some imply recruit poorly. Some fail to recognize that there i a direct connection between the agency and it reputation and the election proce. Candidate for the poition of chief of police have variou motive for puruing the poition. There are thoe who embrace the challenge of providing quality police ervice and utained afety and tranquility to a community, while other eek a le treful environment than they had before, perceiving that being a chief in a mall or mid-ized agency i le of a train than being a enior commander in a large agency. Some eek the poition becaue of a long-tanding commitment to, or friendhip, with an elected official, while other are enthralled with the pretige, notoriety, trapping, and other recognition betowed on the chief. Some ee the poition a a natural progreion from the deputy or command role they held in eence, a promotion. Many eek the poition baed on a combination of thee motive. 48

75 Police Chief Selection and Survival The motive for applying will be baed, too, on the candidate kill and experience in dealing with iue comparable to thoe poed in the new poition. Candidate who have experience and comfort with organizational change will approach challenge differently than thoe who have not. Thoe who have taken rik a leader and achieved ucce will be prone to take rik. A change agent and rik taker may be out of place in an environment in which political leader and other eek to maintain the tatu quo and want a caretaker. It i incumbent on the candidate and the hiring authority to look beyond baic credential to make ure that tyle match. In today environment, a potential candidate for the job of chief of police will conider many thing before applying. Among them are the following: A coalecing of the philoophy of policing between the propective chief and the agency Potential to achieve tated goal Hitory of previou chief and their reaon for leaving Community need Relationhip between the department and it community Relationhip between the previou chief and employee Relationhip between the previou chief and labor organization (worn and civilian) Political upport Political interference Fical upport Job ecurity/executive contract Relationhip with the media State of the organization (table, progreive, turmoil). Any worthwhile candidate will gather a much information a poible. He or he will review media archive, collect demographic information, and eek interview with local buine people, nonprofit leader, community leader, and other. During the interview for the poition, he or he will ae the candor and forthrightne of the interviewer to determine if they are painting a realitic picture of the environment. Many candidate will talk to current and retired officer to get a behind-the-cene perpective on the agency, explanation for the previou chief departure, and view toward political and community influence. Few elected official or other overeeing the election proce ak hard quetion about the motive of candidate who apply. If the juridiction draw a large number of applicant who meet the tated criteria, appointing authoritie generally are atified. They may not realize that the bet candidate tayed away from the proce becaue of the juridiction reputation, treatment of previou chief, rigidity of the labor contract, fical contraint, or other factor. How the appointing authority, labor organization, and media treated the previou chief of police will affect the makeup of the applicant pool. If potential candidate learn that the previou chief wa targeted inappropriately or unupported by the appointing authority, many will hy away. If the previou chief of police wa terminated becaue of political whim, knee-jerk deciion making, or overreaction to a ituation, the candidate pool will be weakened. If the chief lot hi or her job a a reult of an aault by the labor organization, the bet candidate may think twice before applying. ithout elf-aement a part of the election proce, a juridiction rik attracting applicant who, while qualified, may not be the bet fit. Ultimately, the community and the chief loe. The chief may not lat and the reputation of the juridiction may become tarnihed, inhibiting future election procee. 49

76 Police Labor-Management Relation (Vol. I) Lack of Guidance in Achieving Succe and Overcoming Problem There i little correlation between a chief tenure and police department ucce. Many chief have met their demie at a time when community upport wa trong, taffing wa full trength, and crime tatitic improved. There i much to know and do for a chief of police to urvive and ucceed, but there i little orientation or training for new chief of police. Thoe who erved before make few effort to provide mentoring to new chief and not many new chief eek mentoring. By the time new chief open themelve up to receive upport and counel, they uually are embattled on ome front or another. At thi point, they need help to get out of harm way and, poibly, ave their job. Learning from other how to be an effective or better chief take a back eat to baic urvival. Many chief inherit a wide range of problem, often the ame one that plagued their predeceor. Thoe who did not do their homework during the election proce may be blindided by ome of thee problem. Thoe who ignored the iue during the election proce or did not develop an approach to dealing with them pay a price. Many of the negative conequence could be prevented if education and coaching for new chief were part of the culture. Mid-Term and Short-term Appointment Candidate for chief of police and other political appointee want job ecurity, jut like the ret of u. A poition that offer little or no hope of job ecurity will not attract the bet candidate. The phrae erve at the pleaure of hould not be ynonymou with inecurity. A chief of police in a large county retired to purue a poition in the private ector a head of ecurity for an international biotech firm. People in the community and department lamented the lo, but all undertood and upported the chief taking advantage of the opportunity. The now vacant chief of police poition wa a good one and offered an exceptional compenation package. The juridiction had a good reputation and many people thought that the poition would attract a large number of exceptional candidate. The county executive for whom the chief worked, however, had le than a year and a half left to hi term and could not run again. An outide firm wa hired to conduct the earch for a new chief. One internal candidate applied, although four were thought to be prime candidate. Depite extenive advertiing, only a dozen other qualified candidate applied. The reaon for the limited number of application wa imple. Few people wanted a job that offered only 18 month of ecurity, regardle of pay or pretige. ithout a contract or ome reaonable aurance of job ecurity, the poition wa unappealing to potential candidate, particularly to thoe who held ecure poition a chief of police or deputy chief of police elewhere. It wa unappealing to potential candidate who would have had to uproot and relocate their family. In pite of thi circumtance, the juridiction attracted ome highly qualified and capable applicant who were undaunted by the lack of ecurity. It alo attracted applicant who are forced to eek other employment or were ego-driven to gain the tatu of chief regardle of rik. 50

77 Police Chief Selection and Survival The poition went to the in-houe candidate who, already eligible for retirement, had the leat to rik. The candidate pool wa weakened by the lack of an appointment or contract that extended for a reaonable period of time. Land Mine and Pitfall The police view the public a the enemy. Lat public quote of a chief of police before being terminated. The really good people energetic, killed, educated, and caring who apire to the job of chief are thoe who believe they can lead, overcome obtacle, avoid landmine, and make a difference. No matter how well prepared or enthuiatic, however, a chief will face criticim, controvery, and hardhip if he or he i not wary of the trap that caue chief to fail. Thee landmine and pitfall lead to chief to be denigrated by pecial-interet group, community organization, employee labor organization, digruntled employee, newpaper reporter, irate attorney, and other. Some chief, epecially thoe who did not do their homework before applying,walk into the trap, while other create their own. The following are the dozen mot common trap: Failing to undertand and repect the culture of the agency Few thing will caue a new chief of police greater peril than failing to repect the culture of hi or her new agency. Police agencie and police employee worldwide cling to their tradition and cherih certain practice a if they were rare family heirloom. After about a year in office, a chief of police who wa appointed from outide, decided to change hi agency badge. The one the officer had been wearing wa a modern verion of the agency 100-yearold original badge. The new badge reflected the city new eal and, in everyone opinion, wa attractive, but it wa not the original. hen the new badge wa iued, a depreion befell in the roll call room at the ditrict tation and invetigative office at headquarter. Reentment ran deep. The change in badge reurfaced every time the chief ought to implement omething new. He never got beyond it. An outide chief need to tudy the agency tradition, ak quetion, allow time, and move carefully and trategically to be ure that he or he doe not challenge the culture. Moving too rapidly to make change, unle abolutely eential to the agency urvival, i the beginning of end with little chance of recovery. Taking internal matter public People do not care about a police department internal matter. Too many chief do not undertand thi and work hard to keep internal iue in the forefront. Depite what many chief believe, mot citizen have little or no interet in taffing level, work chedule, overtime, internal invetigation, radio ytem, alary, benefit package, or grant. They want to feel afe and at peace in their home and workplace and they want a reaonable repone to their crie. 51

78 Police Labor-Management Relation (Vol. I) Taking criticim and media report peronally The media love you or hate you. They hate me. Chief of police reponding to an editorial calling for hi termination. I don t want every detail of my exitence played out on the front page. Deputy chief of police, explaining hi refual to apply for the chief job. A ucceful chief of police put criticim in perpective. Chief of police are criticized; it come with the territory. It i impoible for a chief to deal with the many multifaceted iue that arie without offending or frutrating ome people. Taking criticim too eriouly and reponding vindictively i a formula for failure. Unfortunately, too often chief have turned away upport, hunned labor repreentative, failed to promote the bet people within their organization, caued unneceary tranfer, and reorganized entire unit in repone to criticim. Thee effort frequently not only fail, but alo caue or contribute to other failure. Harh criticim of the chief ometime appear on the front page of the local newpaper or a the lead tory on a televiion new how. A juridiction erved by media with a reputation for berating the chief of police may find that qualified candidate for the poition tay away. The relationhip with the media can make or break a chief. Critic of the chief, including a diatified labor organization, may ue a weak relationhip between the chief and the media to foter their caue. If the media i not getting what it need from the chief, it will be prone to liten and accept the word of the critic. Chief who are targeted with what they believe i undue criticim may trike back with comment that complicate an already enitive ituation. They make it peronal and, in doing o, make themelve vulnerable to further criticim. Some official believe that harh media crutiny come with the job. Other believe that chief get what they deerve. Some believe that the media trike out at a chief who i not routinely forthcoming with information. Still other perceive that leader uffer a a reult of pot-atergate journalim in which young reporter ee themelve a invetigative journalit and feed on the mitake of the police. Generally, when a chief ha an open, honet, ongoing relationhip with member of the media, there i le tendency toward unwarranted attack in the new. hen the chief i ditant and unreponive, reporter will fill in the blank or get them filled in by other, a they ee fit. Caual chiefing A clichéd a it may ound, the bet chief of police are thoe who approach their poition profeionally. Good chiefing require kill, tudy, diligence, awarene, and engagement. Good chief have a plan and mot chief know thi. They meet the challenge and fulfill their reponibilitie concientiouly. 52 Good chiefing i a far removed from a laid-back retirement job a one can imagine. Yet, there are thoe who view the role a caual. They are nonchalant, not intereted, and are unwilling to learn. They do not want to deal with the difficult problem and become involved in matter of importance only when abolutely neceary, uually when their back are againt the wall. Generally, caual chief are targeted quickly and, unle protected politically, do not lat long.

79 Police Chief Selection and Survival Giving up the ranch A capable peron applying for the job of chief of police will review the labor agreement a part of hi or her homework before interviewing. If the labor agreement i perceived a inhibiting managerial deciion making or prerogative, he or he may quetion the value of proceeding. Unfortunately, there are political leader and chief of police who will give up the ranch to a labor organization if they believe it will gain upport or calm troubled water. They accept long-term advere implication for the ake of hort-term gain. The effect on the agency and community become econdary to labor peace. In uch an environment, approval of taffing level, work chedule, policy, promotional practice, tranfer practice, and more may be veted in the labor organization. Management, labor, and the community loe. Integrity and moral behavior Many people believe that American policing i an honorable and ethical profeion. The mall number of ethical violation, when compared to the vat number of contact and ituation in which officer engage, validate thi integrity. The eaiet way for a pecial-interet group, labor organization, newpaper reporter, or digruntled employee to weaken or detroy a chief of police i to purue an integrity violation. The vat majority of the nation chief of police and heriff embrace integrity and, ubequently, minimize their vulnerability, but ome do go atray. Thoe who eek to damage a chief will watch for any violation, however light, and build it into a caue celebre. Among the mot common ethical violation ued to wound a chief are lying, adultery, mitreatment of other, miue of cell phone, miue of a vehicle or other departmental property, miue of time, and corruption. A chief of police who ipped a gla of wine at an evening dinner where he wa the main peaker wa accued by the police union of drinking on duty. There wa no ill intent or conciou ethical violation in thi cae. A member of the union videotaped the chief at the function. The tory made the front page and it played out publicly a an ethic iue. The chief barely urvived. Another chief of police ued hi departmental car to attend a political event. It violated the agency policy. He argued that a lot wa happening that evening and he had to have the car available. Hi repone wa fruitle. The incident received extenive play in the media and the chief reigned. Like Caear wife, a chief mut be above reproach. For chief of police, the integrity parameter are far tighter than for other. hen thee parameter are violated, recovery i low, if at all. mbracing flavor-of-the-month politically motivated policing and ignoring the baic Chief have lot their job becaue they failed to focu on the core need of their community, and focued intead on politically expedient program. Quality repone to call for ervice, effective patrol ervice, crime prevention, and traffic enforcement took a back eat to flamboyant program that garner political favor and quick headline. There i nothing wrong with puruing new and pecial program or the latet round of funding from federal agencie; however, when thi occur to the detriment of baic police ervice, everyone loe. 53

80 Police Labor-Management Relation (Vol. I) Flavor-of-the-month program can conume a chief of police and the department. Thee program capture grant fund, gain poitive pre, look good to the community, and provide fodder to political leader eeking reelection. In upporting pecial program and initiative, ome chief have been forced to drain patrol reource to exce. Some have relied o heavily on overtime to fund thee program and initiative that they can no longer find volunteer to work it. Some have turned a blind eye to political leader who count on grantfunded peronnel to upplement the department allocated trength. Few chief take a tand againt flavor-of-the-month program. They go with what i popular and what i fundable over what i eential. They put pecialized program before baic ervice. Chief who gain a reputation for weakening baic ervice in favor of upporting pecialty program quickly loe the upport of their employee. Failing to liten to upporter and dienter Few thing will caue a chief greater peril than failing to liten to the officer, civilian employee, and enior official in hi or her command. Converely, few thing will ecure a chief poition and endear him or her to other better than litening. Almot everyone police officer, enior commander, community leader, reident, buine people want their chief of police to ucceed. They have idea, experience, caution, and contact to upport thi ucce and they need to be heard. The chief who fail to liten to upporter and potential upporter et the tage for a difficult tenure. According to retired Chief Neil Behan of the Baltimore County Police Department, the chief who fail to liten to hi or her dienter i equally doomed. He point out that dienter have much to offer and that, if ought, there i information of value in what they ay. He add that litening to a dienter i often all that i needed to weaken the dient. Failing to gauge politic Police chief urvival i contingent on maintaining a poitive relationhip with the appointing authority uually a mayor, county executive, or city manager. Ideally, the appointing authority and the chief will have compatible goal and approache. In the bet of circumtance, however, a chief mut walk a fine line between blindly upporting hi or her bo and puruing activitie and program that are important and poibly politically unpopular. A chief may take an important public tand on an iue. Hi or her motive, principle, and concern for people may be above reproach. Nonethele, if the iue i too controverial, enitive, or unpopular, the chief job could quickly become at rik. A chief of police mut chooe carefully and know when to weigh in on an iue. He or he mut be willing to accept conequence for taking a tand or upholding a principle. 54 A mayor declared that hi city would ee a dramatic reduction in homicide and violent crime. He targeted a pecific number of homicide and bragged that hi crime-fighting trategie would caue hi goal to be realized in hort order. The chief upported the mayor goal, even though he knew that targeting a pecific number of homicide wa foolih. hen the number wa not reached, the mayor put forth a erie of excue. Shortly thereafter, when no additional reduction wa realized, the chief reigned.

81 Police Chief Selection and Survival Several chief of police who upported the ban on the import of aault weapon and the manufacture of cop killer bullet lot their job becaue their view created political upheaval. Their poition were filled by thoe who upported the prevailing political entiment, but were not necearily bet qualified to be chief of police. Other chief of police have lot their job for far le noble reaon. They took a tand on an iue prematurely, and did not communicate with their appointing authority before going public. They aumed that their point were o logical that everyone would upport it, but they underetimated the influence of pecial-interet group or political backer who oppoed their point of view. In a Midwet town, a chief of police referred to an underdeveloped area of the community a a barren wateland that ha no ue and drain police reource unnecearily. Hi comment were reported on the front page of the region daily newpaper at the ame time that hi mayor wa trying to land a deal with a developer to build a townhoue and apartment complex and a hopping center on the property. The wound the comment caued never healed. Riding the firt car in the parade Too much viibility and notoriety i dangerou. It i not the chief job to capture headline, eek the potlight, claim credit for himelf or herelf, or attract more attention than hi or her appointing authority. hen the chief become o colorful that he or he get more and better pre than the bo, hi or her tenure become haky. According to Tom Frazier, executive director of the Major Citie Chief Aociation, no chief hould ride in the firt car in the parade. njoying being king too much embracing the trapping of the job There are chief of police who love the trapping of the job the pecial treatment, driver, aide, ecurity detail too much. They become dependent on and demand more of it. They become elf-enamored and, in doing, loe the credibility of their peronnel. It i good to be king. The chief of police who embrace thi old adage a a way of life will quickly loe the upport of hi or her peronnel. hen the chief ego grow larger than hi or her principle, tenure in the poition will be hort. Statitical overkill Mot chief of police realize that tatitic do not olve human problem and that tatitic do not convey all that the department doe. They recognize, too, that gathering and reporting tatitic i a reality of policing and, in mot juridiction, a political expectation. However, when tatitic are the ole meaure of a department performance, view toward the quality of policing decline. Ultimately, the chief of police may loe the upport of hi or her employee and people in the community. People want more than tatitic a the meaure of performance of their police. They grow weary of tatitical reporting. People in fear find little relief in tatitical change. mployee, too, grow weary of tatitical change a the primary meaure of their worth. Yet, there are many chief who view tatitic a a magic elixir to apply to all ailment. They pump out the tatitic readily in repone to almot every inquiry and ue tatitic to fend off accuation, demontrate value to member of the community and employee, and increae their budget. 55

82 Police Labor-Management Relation (Vol. I) Some executive do not eek or do not know how to provide other meaure of effectivene and, for them, there are repercuion. hen public demand for relief from fear i not anwered ubtantively, there may be an external demand for new leaderhip. hen employee expre frutration becaue of real or perceived taffing problem, lack of internal communication, or other concern, ome chief repond by throwing out tatitic to extol the agency performance. Countering concern by citing the department improved crime tatitic fall on deaf ear. If ubtantive repone beyond a tatitical defene i not provided, there may be an internal demand for new leaderhip. Concluion The job of chief of police i one of the mot important, challenging, and rewarding in American ociety, and yet both large and mall juridiction have difficulty finding and retaining the bet poible people to erve a chief of police. In ome juridiction, the failure to attract qualified candidate and the inability to retain chief of police have reached the point of crii. mployee, political leader, and community leader pend more time eeking candidate and orienting new chief than dealing with the ubtantive community iue that require their attention. Time have changed, and many law enforcement profeional are being more judiciou in their deciion to purue an appointment a chief of police. The complexity of community iue, demand on police agencie to aume new and nontraditional reponibilitie, fical contraint, political interference, and lack of job ecurity are among the inhibitor that prevent ome of the bet potential candidate from puruing the poition. Method for electing chief of police leave much to be deired. They tend to focu on how-and-tell procee rather than ubtantive tep that could connect the community to the bet poible choice. No olution guarantee that a juridiction hire the bet poible candidate for the poition of chief of police. There i no way to guarantee that a candidate for chief of police will end up in a long-tenured poition without tre and train. The juridiction doing the hiring mut do more than uually occur in a election proce if it hope to attract the right candidate for the job. xtenive advertiing and a good alary and benefit package are inufficient. Being honet about the agency and it iue, undertanding the policing need the community, providing job ecurity and appropriate upport, and aking the right quetion of candidate are eential of the ucceful proce. The right fit i everything. For candidate, the pretige, excitement, and peronal achievement of becoming a chief of police need to take a back eat to the extenive amount of homework they mut do. Candidate need to explore approache to policing, hitory, politic, opportunitie to affect change, job ecurity, and much more. Unfortunately, thee thing are ignored or canned uperficially. The reult i a hort-lived tenure. The right fit i everything. 56

83 Police Chief Selection and Survival Once in the poition, a chief need to be ever diligent in moving the agency forward in the right way, with the right upport, if he or he hope to avoid the landmine and pitfall that can end hi or her tenure. Twelve eential thing a chief mut do to urvive and ucceed are the following: 1. Repect the culture. 2. Keep internal matter in houe. 3. Do not take criticim or media report peronally. 4. mbrace the art, cience, and challenge of chiefing well. 5. Keep management prerogative out of the union contract. 6. Maintain the highet tandard of peronal and profeional integrity. 7. Be wary of flavor-of-the-month policing. 8. Liten to upporter and dienter. 9. Gauge the political environment. 10. Stay away from the firt car in the parade. 11. Keep the trapping of the job in perpective. 12. Balance tatitical reporting with other outcome and meaure of effectivene. The tep needed to improve the election and tenure of chief of police and, ultimately, the quality of police ervice provided to people are not complex or overwhelming. Juridiction eeking a chief mut commit to conducting a quality earch and creating an environment in which a police leader can thrive. Candidate for the poition mut be diligent in finding a juridiction or agency appropriate to their philoophy, kill, and career goal. Once the poition i filled, the work of the appointing authority and the chief of police begin. 57

84 A Chief illingne to Share Power Ha Been the Secret to Succe Getting veryone On Board Chapter 8 A CHIF S ILLINGNSS TO SHAR POR HAS BN TH SCRT TO SUCCSS An Interview with Harold Hurtt, (former) Chief of Police Phoenix, Arizona, Police Department By Shelly ilkion Gone are the day of the traditional, tand-alone police chief whoe tyle of leaderhip wa to hand down directive for change through a command taff and watch from a comfortable chair at a afe ditance while other truggled to implement them. In the modern police world, one rarely find a police chief tanding alone demanding change. Over the year, major city police chief have learned that they need the upport and cooperation of union leader, command taff, and other takeholder uch a the buine community, the media, local politician, pecial-interet group, and the general public to implement change uccefully. Harold Hurtt, former chief of police in Phoenix, Arizona, and current chief in Houton, Texa, ay that during hi 34 year in law enforcement, he ha een a hift in power from the police chief to the influence of police union. And he know that to be a ucceful chief, he need to maintain a good relationhip with union leader, a well a with the rank-and-file and command taff. Being a tand-alone chief might be a very brave thing. But, I ve een a lot of chief tanding alone with a bunch of arrow in their chet, he aid. Chief Hurtt began hi career a a patrol officer in Phoenix in He earned college degree a he climbed the rank, and in 1992 left Arizona to become police chief in Oxnard, California. In April 1998, the City of Phoenix invited him to come home and erve a chief of the 3,700-member police department. verything wa working well when I came in (a chief), aid Chief Hurtt. So the challenge wa to keep thing working moothly. The wore I could do wa to allow omething to deteriorate. Paramount on the lit wa hi relationhip with labor. For many year, the Phoenix Police Department ha been conidered one of the premier law enforcement agencie in the country. hile in recent year the department ha earned a reputation a a leader when it come to the level of ervice it provide to the public through it community policing initiative, it ha alo emerged in profeional law enforcement circle a one of the mot deirable agencie in which to work. Chief Hurtt ay that thi reputation i baed on the poitive relationhip management ha with the police union a relationhip founded on mutual repect and undertanding, and increaed by contant communication. It i a relationhip he work hard on every day, and the benefit reach far beyond the wall of the police department. 59

85 Police Labor-Management Relation (Vol. I) No community wihe to it on the ideline and watch parring between the police chief and the union leaderhip. Chief Hurtt ay uch public parring caue citizen to become concerned about the daily operation and effectivene of the organization. The lat thing the public want to ee in the newpaper i the police chief and the union preident fighting each other, he aid. Becaue in all thi drama they ak, who taking care of me? That all they want to know. Police union have become more powerful now than at any other time in the hitory of thi city. They are o far ahead of management when it come to working the ytem. Their leader are harper and more in tune to the political proce than the command taff. It the part of the profeion that been able to compete and urvive in the political arena, he aid. Police union in Phoenix and other major citie have built relationhip with local elected official to the point that union now have a more direct line to thoe in power than management doe. Through their political action committee, union contribute money to political candidate and actively work campaign to elect their advocate to poition on governing city council or commiion. Additionally, union have become coalition builder in the community by etablihing relationhip with citizen group to build a broad foundation of upport. Chief, on the other hand, have limited acce to elected official. They are prohibited from endoring political candidate and working in their campaign. Chief Hurtt ay that often put chief at a diadvantage. However, there are way to get the ear of elected official without going to them directly. By building good relationhip with community group, a chief can communicate need or concern indirectly to elected deciion maker. Chief Hurtt ay the implementation of community policing program throughout the country ha contributed to the hift in power. By the very nature of their job and their regular expoure to reident in the neighborhood under their watch, police officer have developed poitive relationhip, and that upport ha naturally followed them to city hall. e wanted community policing, and we wanted improved relation between the police and the community, and thi (hift in power) i one of the offhoot of that. The union and the employee have become very powerful, he aid. Sharing the Power Make Change More ffective In recent year, Chief Hurtt ha called on the union many time to help him implement new program within the department, a well a to help garner public upport for new initiative. In 2003, the chief and the union worked with fire department adminitrator and fire union leader to convince voter to adopt a multimilliondollar bond propoal. And a recently a ummer 2002, police management and the union tood together to tell the public that Ford Crown Victoria Police Interceptor vehicle were deadly. Three Arizona officer were killed in recent year when their patrol vehicle burt into flame upon rear impact. The Phoenix Law nforcement Aociation and Chief Hurtt aked the mayor to delay $4.4 million order for new Crown Victoria until the fuel tank problem could be reolved. 60

86 A Chief illingne to Share Power Ha Been the Secret to Succe Police management and the union worked together to put in place a Bureau of Homeland Security in Phoenix, one of the firt of it kind in the country. Phoenix police, fire, and emergency medical peronnel worked together to create a firt reponder trike force. Peronnel from each agency will train, live, and work together a a combined bureau to prevent act of terrorim in the city. Chief Hurtt ay he would not have been ucceful in implementing thee and other initiative had he not cultivated the upport of the police union. Unfortunately, if omething goe wrong along the way, it won t be the union or elected official that catch the criticim. By the nature of hi job, it will be the chief who get blamed if omething fail. hile the reality of that may be a ource of frutration for ome, there i greater frutration in trying to dictate change to uncooperative troop. By haring the power of the chief office with the union, police department taff and even pecial-interet group in the community, a chief will be much more ucceful in hi or her attempt to implement change. The frutration come when the chief i not mindful that [a] hift in power ha occurred. Chief need to learn how to hare the power of the office, aid Chief Hurtt. Chief have been reluctant to change and admit that thi hift of power i occurring, he aid. Intead of fighting it, you may have to tump your toe and re-evolve a a partner in the deciion-making proce. Chief Hurtt likened hi relationhip with Phoenix police union to a marriage. hen thing are good, they are very good; and when thing are bad, they are really bad, he aid. The truth i that Phoenix may have the bet working relationhip between police management and labor of all the law enforcement agencie in the country today. Chief Hurtt ay maintaining a good relationhip with the union i a full-time job. Communication i the key. That why Chief Hurtt meet monthly with union preident, and member of hi command taff meet monthly with union leader to talk about iue affecting the memberhip. ach quarter, all management taff member meet with union board member. Management and union repreentative alo attend an annual retreat off ite. Chief Hurtt ay the extended time away from the police department offer the opportunity for more informal relationhip building, omething he believe i important to the longterm partnerhip. But communicating with union leader in t alway ufficient. Many time, it important to get information directly to the front-line officer. Chief Hurtt ay he goe to great length to make ure hi officer never have to learn new of the department firt from the public media. So in addition to other more traditional and common form of communication, the department ha implemented PDTV, a video networking ytem that allow management to communicate quickly with officer on roll call or how-up. Announcement are alo poted regularly on the department web ite, and officer are alerted to breaking new quickly through the mployee Notification Sytem. Rumor will kill an organization fater than anything, he aid. e try to give them accurate information a oon a poible, whether the new i good or bad. Frequent communication improve morale. 61

87 Police Labor-Management Relation (Vol. I) Throughout the communication proce with the union, adminitrator carefully log the concern brought to them and take the time to document the tatu of iue or problem brought to their attention. Management regularly generate a report for city management and elected official howing it communication with the union. Chief who want to make change in their department have to make the union a full partner, he aid. By making the union a partner, you take away the fear and the uncertaintie of the officer. Perhap the mot common challenge to the labor-management relationhip come following an incident where an officer ue exceive force. The public and the troop are looking for the chief to ay omething, and the abolute wort thing a chief can do i to ay no comment, tay ilent, or condemn the officer without an invetigation, he aid. Following an officer-involved hooting in Phoenix, for example, the media are briefed oon after the incident. Then, regular briefing on the invetigation follow. e give them progre report on the invetigation; thee don t have to be concluion. Sometime, it uffice to provide imple update on area of the invetigation we are looking into at that point in time, aid Chief Hurtt. Before management brief the media, it end the new to officer. Undertanding Union Dynamic Management will be more ucceful in it relationhip with union leader when it reache a better undertanding of the dynamic of union governance and internal politic. The ame people who give me headache are the ame people who give them (union leader) headache, he aid. Union leaderhip i kind of torn in that the queaky wheel uually get the greae. I undertand that the union preident ometime ha to beat hi chet it a matter of peronal pride a lot of time, and he ha a contituency of hi own to anwer to. And ometime, union member may become a little uncomfortable if they ee their preident pending lot of time with the chief. Chief Hurtt aid the preure on the union preident become epecially evident a the union prepare for contract negotiation. Younger member prod for more money now while the tenured member want the preident and the bargaining team to focu on retirement benefit. hen the time come to ratify the police contract, the union pend a great deal of time making ure member undertand every detail. In the pat, Chief Hurtt ay, mot officer have had a more thorough undertanding of the contract than the command taff. So he now bring in union repreentative to train hi command taff in the fine detail of the agreement in an attempt to expoe them to the varying interpretation of the iue. He ay by uing thi approach, many miundertanding are cleared up before they ecalate to grievance. You know, there alway going to be that 2 percent or le of officer (the queaky wheel) who will try to get the greae. hen leader concentrate on thoe, they punih the entire organization. Pretty oon, the organization i judged baed on the action of a few, I try to concentrate on thoe who want to undertand and are willing to liten, he aid. 62

88 A Chief illingne to Share Power Ha Been the Secret to Succe illingne to Share the Leaderhip Role May Be the Secret to a Chief Job Longevity Chief Hurtt acknowledge that with more than 4 year a chief in Phoenix, he ha already urpaed the average tenure of mot major city police chief. The Major Citie Chief organization find that among police department with 1,000 or more officer, the average length of tay for a police chief i 2 and a half to 3 year. In fact, within the pat 10 year, major citie like Chicago, Philadelphia, Dalla, ahington, D.C., and New York each have had three to five turnover in police chief. In Lo Angele, illiam Bratton became the ixth police chief in the pat 10 year. Chief Hurtt attribute hi good fortune in Phoenix to hi willingne to hare the leaderhip role, and hi ability to tay poitive. e (hi management team) don t talk negatively in taff meeting. e ak what working, and how can we improve on area that need to be advanced further. Poitive thinking create an atmophere for ucce, he aid. Mot citie are looking for chief who can motivate and inpire employee. To do that, a candidate will be a good litener and undertand that change doen t have to be fatal, Chief Hurtt aid. A ucceful chief will alo be global in thought and have a hitory of olving problem. Traditionally, we haven t pent enough time looking at our procee. It eaier to point to the people a the problem, but a lot of time when organization have a great deal of iue, it really the procee that aren t working, he aid. Chief who have traditionally been reluctant to go outide law enforcement circle to eek help in finding olution to problem hould be more open to influence. There are ome people outide thi box who know a little bit, and we can benefit from ome thing that work in the private ector, aid Chief Hurtt. City management alo want a police chief who undertand the political proce, the media, and will be involved with the community. And finally, it want a chief with a thorough undertanding of the budget proce, and omeone who know how to effectively manage reource. Rank-and-file officer imply want a chief who i fair. They (city management) don t expect a chief to know it all, but they do expect a chief to be wie enough to ue all the reource available, he aid. They aren t looking for boe anymore. Dealing with the Adminitrative Challenge of Community Policing For Chief Hurtt, the bigget challenge to hi career a chief may be looming omewhere in the not-tooditant future. During increaingly tough economic time, how will the police department continue to meet the public high expectation for ervice created under the community policing philoophy? The price tag for human reource continue to climb depite a downturn in the local economy, while the demand for police preence in local neighborhood continue to be a top priority for citizen. 63

89 Police Labor-Management Relation (Vol. I) hen we created community policing, we created a monter a far a the level of expectation the public ha regarding our ability to reduce crime and increae the quality of life. The public expect u to deliver on all the promie we ve made. Community policing i human-reource intenive, and that a big train on the budget. e jut can t continue to be the full-ervice organization and have the quality of officer the public ha come to count on. Becaue of the politic, we can t even have the dicuion about which ervice we can t do without in order to identify the core ervice. In ome cae, I believe we may have overold community policing, but then the level of expectation i not going to change, regardle of the tate of the economy, the chief aid. In the pat, for a chief to work hi magic, he would care the heck out of the council and city management by claiming crime wa up. Now we ve tarted community policing and we ve promied the public we can deliver everything, he aid. The city ha expanded it ervice to provide pecial attention to enior citizen and juvenile, and even in-chool and after-chool program, all in an effort to make reident feel afer. So now that we have le money to work with, how doe the chief go to the politician and obtain the neceary funding? he aked. e have greater demand, more complex invetigation, and increaed number of employee due to COPS grant funding for more employee in the mid e ve eliminated much of the traditional argument. Chief Hurtt ay the anwer won t come eay or quickly, and he will no doubt turn to the union for input. I think we ve been ucceful in the pat in the traditional role of police chief. After all, that what it took to get u where we are today. But now we have to undertand that we have to change from the traditional model, and change doen t have to be fatal. To change doen t mean omething wa wrong before. There alway room for improvement in what we do, he aid. Generally peaking, I think people want you to ucceed. It kind of like litening to omeone give a peech wouldn t you rather the peaker be entertaining and informative a oppoed to boring and lifele? Potcript: Chief Hurtt reigned a chief of police in Phoenix in February 2004 to become the chief of police for the Houton (Texa) Police Department. 64

90 A Radical Approach to Reform Anger Police Union Admiral Rickover or Captain Bly? An Interview with Jerry A. Oliver, Sr., Chief of Police Detroit (Michigan) Police Department By Shelly ilkion Chapter 9 A RADICAL APPROACH TO RFORM ANGRS POLIC UNIONS New Chief Not Surpried by Detroit Police Department Reitance to Change Police union leader have attempted to paint him a a radical becaue of hi hard-line approach to reforming the police department, but Police Chief Jerry A. Oliver, Sr., ay he imply getting down to the buine of tranforming the Detroit Police Department into a model of profeionalim. ithin the firt 6 month on the job, Chief Oliver, 54, made o many dramatic change inide the organization that everyone from patrol officer to command taff complained about omething. Chief Oliver ay that to be expected conidering the fact that he i the firt chief of police to be hired outide the agency ince I like to be liked jut like everyone ele doe. I m human, he aid. But, I have a job to get done and it omething I m going to be held accountable for. I think my detractor often paint me with a eriou no-nonene bruh. But in reality, I m jut howing up every day to work, he aid. hen I ay that I m going to work, that mean I am going to work. I don t have a lot of time to move thi agenda, o every day, I have to work. I m not tanding in the road like General Patton a ome would ugget, but I am deliberate and determined, he aid. Chief Oliver, who ay he i determined to tranform the agency into a model of profeionalim, ha created a whirlwind of controvery among the department 4,300 officer. He believe it time to do away with old practice and make the agency more profeional, diciplined, and innovative. For ome time, rumor of cronyim and corruption within the Detroit Police Department have been commonplace. In fact, the department i the ubject of an ongoing federal invetigation into poible human right violation that include the hooting of 40 citizen in a 5-year period. My leaderhip tyle formed over 32 to 33 year in policing, and it one that baed on winning, which i extremely important in thi buine, he aid. inning mean providing uperior policing ervice, problem-olving ervice, and law enforcement ervice. My belief i that we provide confidence to the community confidence that they can feel afe in their environment. 65

91 Police Labor-Management Relation (Vol. I) To promote public confidence in the department, Chief Oliver ha intituted new policie changing everything from the way adminitrator are promoted to ordering all officer to wear uniform with the exception of undercover officer. He aid previou police chief who roe up through the Detroit organization had developed tie that kept them from making the radical change that needed to be made. I came in from the outide, I didn t ride around with a partner in a patrol car or wan t a member of thi union, o I can make deciion baed on merit and what I ee need to be done, and people don t like that. I came to Detroit becaue of thi mayor (Kwame Kilpatrick) whom I admire greatly. He aked me to come and build a world-cla police department and that what I m doing, he aid. Chief Oliver ay leader of the police union have been critical of him from the beginning. In fact, union leader have tried to label him a anti-union, but Chief Oliver ay that i a mirepreentation. Union have been good for policing in thi country. In fact, I believe that union have brought policing through the dark age, he aid. But, I believe in taking thing in moderation. In our cae, the police union have a death grip on the tatu quo. They can t figure out a way to move forward, he aid. I d like to work with them to move forward, and be able to ue their clout and influence to make change, but they are determined to protect the tatu quo. So in the proce, they try to label me a omeone who doen t quite get it. They ay I m anti-union and try to eparate me from the herd. hile new policie are certainly the ubject of complaint throughout the rank, it the chief public tatement that eem to be the ource of much of the dicontent. He ha tated he intend to fire criminal in the rank, pointing to hundred of unreolved cae in Internal Affair, many of which temmed from criminal complaint againt officer who are till on the job. He ha alo been accued of diliking fat people, interfering with officer who have children out of wedlock, and nooping into officer financial affair. Chief Oliver ay improving officer profeionalim, appearance, and behavior i good police practice. He want officer who are phyically, mentally, and financially fit. Thoe who have good finance, for example, can tay focued on their job, he aid. And officer houldn t break a fingernail when they reach into their holter, or wear jewelry that interfere with their ability to ubdue a ubject. Their hairtyle hould be neat. Maintaining a profeional work force i eential to the ucce of the department, he aid. He believe that everything will change for the better if officer develop a greater ene of pride in who they are and what they do. I don t want C tudent around me, he aid. I want u to wow them (the public) every day. Chief Oliver ha implemented performance objective for employee at all level. He ay accountability will be expected from the chief office down. He ordered departmental upervior from the rank of inpector and above, including three deputy chief, to compete through teting and interview to fill ix lot a deputy chief. Until now, appointment to deputy chief were made olely at the chief dicretion, with patronage, friendhip, and city hall politic coming into play. Chief Oliver believe that by earning the poition, the leaderhip will be more accountable. The adminitrator were given a 100-quetion, multiple-choice tet baed on two book Oliver paed out week before: Character and Cop: thic in Policing by dwin J. Delattre and 21 Irrefutable Law of Leaderhip by John Maxwell. He alo threw out the ergeant promotion lit and ordered a new tet that he ay will focu on leaderhip. 66

92 A Radical Approach to Reform Anger Police Union Inpector Laura Iom, preident of the Detroit Police Command Officer Aociation, told The Detroit New that the union welcome change that will improve the department repone to the city need. However, the new tet i baed on two pop-culture bet eller which have nothing to do with keeping the treet of Detroit afe, he aid. Jame Gawlowki, preident of the 1,000-plu member Detroit Police Lieutenant and Sergeant Aociation, aid he ee Chief Oliver initence that officer have good financial record a an invaion of privacy. That none of hi buine, Gawolwki told The Detroit New. If they re worried about my people being uceptible to corruption, then pay u all the money you owe u from pat arbitration. Pay u raie. Pay u on time. He alo rejected Oliver demand that office be phyically fit. Now he want to impoe job anction if you re out of hape? That ludicrou. A lot of officer were overweight when they were hired, he aid. Chief Oliver aid the conflict with the union leader i imply a reult of hi deire to make our people more profeional. All I m trying to do here i get the green tuff off the pond by adding a little oxygen to the water. hile Chief Oliver ay he ha invited union leader to hi taff meeting, they have yet to attend. However, in meeting with other high-level adminitrator, union leader eem concerned only about dicipline and the police contract. My quetion i what about honor, integrity, and the oath they took? hat about the code of ethic? Are we o caught up in the language that we have forgotten who we are? he aked. Chief Oliver aid hi department i headed for a U.S. Department of Jutice conent decree a a reult of alleged civil right violation. He aid working with union leader to make effective change to avoid the federal government taking action againt them hould take priority over the union contract. In addition to hi effort to improve the profeionalim of the force, Chief Oliver ay he i alo focued on getting the reource that officer need to do their job. In ome part of the city, officer have been working in ubtandard facilitie for year. Chief Oliver wa able to cloe down ome mold-infeted building and move employee to temporary quarter while a new communication center i built. The department alo lag behind in the area of technology and the chief i working to acquire new equipment through grant and other ource. He aid he can ave money by allowing civilian to take over the internal adminitrative operation of the department. The money aved could be applied to raie for officer, whom Chief Oliver acknowledge are woefully underpaid. The department tarting alary of $25,000 a year i the lowet among big-city police force. Chief Oliver, who tarted hi police career in 1971 in the Phoenix Police Department and climbed the rank to aitant chief before going on to erve a chief in Paadena, California, and Richmond, Virginia, ay he realize the enormity of hi reform plan and undertand that change won t happen overnight. It took thouand of year and mall tream of water to build the Grand Canyon, he aid. I think it will be determination and pereverance that make thing happen here. I don t expect it all to happen under my watch, jut like Moe knew it when he went to the Promied Land. 67

93 Police Labor-Management Relation (Vol. I) Chief Oliver aid over the year that he believe the pendulum of power ha wung from the office of the police chief too far the other way. Now, city council, citizen group, buine group they all want to hold the chief accountable for a better ytem. They depend on the chief, but they don t undertand that we have union leader who can be partner and ometime obtacle in the reform proce, he aid. No one hold the union preident accountable for thing. All they get to do i throw rock. Potcript: Chief Jerry Oliver reigned hi poition on October 31, Requet for comment on the chapter from the Detroit Police Officer Aociation went unanwered. 68

94 A Radical Approach to Reform Anger Police Union FOR MOR INFORMATION ON THIS CHAPTR For a chronological newpaper account of the event in thi chapter, go to The Detroit New at Napoleon announce reignation: Top cop won t erve under next mayor; he han t decided if he ll throw hi hat into the ring, by Norman Sinclair and Ronald J. Hanen, April 25, New police chief to find many difference in Detroit, by Pete aldmeir, January 6, New chief promie change, by Norman Sinclair and Cameron Mchirter, January 9, Police chief tart department overhaul: Oliver ay top bra mut demontrate they deerve their job, by Hawke Fracaa and David G. Grant, April 19, Detroit cop plan overhaul: Chief will change how officer are trained, equipped, punihed, to tave off fed mandate, by Norman Sinclair, Cameron Mchirter and David G. Grant, May 23, Detroit top cop: Criminal on the force: Oliver will peed firing of rogue officer, turn them over to proecutor, by Norman Sinclair, May 28, Time to Clean Houe in Detroit Police Force, ditorial, June 2, Detroit chief mut define what criminal, Letter by Marty Bandemer, Preident, Detroit POA, June 6, Detroit cop feel blue flu, by Darci McConnell, June 6, Get tough policy define Detroit top cop agenda: Union complain chief tep on their right under the contract, by Norman Sinclair and Cameron Mchirter, June 19, police commander huffled, by Hawke Fracaa and David G. Grant, July 22, Chief end run of Blue Pig, by Oralandar Brand-illiam, Augut 18, Oliver crack down on bra, by Hawke Fracaa and Norman Sinclair, Augut 20, Oliver right: Old way mut go, by Bill Johnon, November 8, Detroit chief outline freeze on promotion, by David G. Grant, November 13, Oliver vow to hake up police tay on track: In 1t year, Detroit chief ha fired 49, halted promotion, by David G. Grant, February 19, Monitor to overee Detroit police: Agreement with Jutice Department to end two-year invetigation of officer conduct, by David Shepardon, April 17, Oliver fire head of Detroit police internal affair, by David G. Grant and George Hunter, May 12, Panel grill Detroit chief, by David G. Grant, May 23, Arbitrator overrule Detroit chief: Oliver mut promote 91 officer he refued to advance after tet, by John Bebow and David Grant, June 6, Police union ad bahe Oliver: Spot quetion chief failure to invetigate how memo wa leaked, by Darci McConnell, June 12, Fed order overhaul of Detroit police: Cop mut try to defue violence and avoid deadly force, by David Shepardon and Darci McConnell, June 13, Police group welcome overight: But ome ay it will take more than rule to boot trut on force, John Bebow and George Hunter, June 13, Anti-Oliver radio due to run today: N.Y. firm behind broadcat campaign ha record of preuring, outing police leaderhip, by Darci McConnell, June 17, Detroit Police Attack Ad a Union Power Play: Police Officer Aociation i in no poition to throw tone at Oliver, ditorial, June 18,

95 Police Labor-Management Relation (Vol. I) Indictment Add Urgency to Police Department Reform: Charge againt 17 Detroit officer are the latet chapter in an ongoing aga of corruption and incompetence, ditorial, June 20, Rally et for accued cop: Supporter will gather at Detroit 4th Precinct to protet the charge, by Darci McConnell, June 24, Detroit cop reform launched: Federal watchdog take over today, ay five-year overight plan will cot top $6 million, by David Shepardon and Darren A. Nichol, July 23, Police Officer Supended ithout pay over eb Site, by Ronald J. Hanen, September 19, Detroit Police Chief Oliver Reign, by David Shepardon and Darci McConnell, October 31, Former Detroit police chief charged with poeing an unlicened handgun, by David Runk, November 3, Add morale to next chief fix-it lit: Top-ranking woman expected to lead Detroit police; department relation are top priority, by David Shepardon, Darci McConnell and David Grant, November 3, Firt woman named to lead Detroit police, by Norman Sinclair, Darren A. Nichol and David G. Grant, November 4,

96 SCTION FOUR: POLIC UNIONS: TH DRADNOUGHTS OF TH POLIC ORLD

97 Sytemic Failure: hat a rong with LAPD? Chapter 10 By Ted Hunt, Secretary Lo Angele Police Protective League SYSTMIC FAILURS: HAT AS RONG ITH LAPD? Bernard Park looked and acted the part of a ucceful major city police chief. In uniform, he appeared dignified, albeit a little tiff. hile not a timulating peaker, he wa well poken. Hi work ethic wa legend. He wa politically well connected. He gave the illuion of being an excellent chief. He appeared to be jut the peron to clean up a corrupt department. According to hi pre relation campaign, he wa doing all the right thing. Chief Park wa holding officer accountable through dicipline, firing bad cop, building a new department, lowering crime, and keeping the city afe. hy did community group protet hi reappointment? hy did the newly elected mayor withdraw upport? hy did rank-and-file officer have no confidence in him? hy wan t he reappointed? A urface analyi of why Chief Park wa not reappointed indicate pecific uch a the elimination of the flexible work chedule, which frutrated and angered patrol officer; elimination of the enior lead officer program, which frutrated and angered the community; and the implementation of a complicated, ineffective, inefficient, and unworkable peronnel complaint ytem. Thoe are only a few of the real and eaily identifiable iue which were imply the manifetation of omething much deeper a failed culture, a failed leaderhip/management tyle, and a failure to keep focued on the baic miion of the organization. Chief Park a a peron did not fail. No one worked harder than he did. The failure came a a reult of hi initence of holding on to the only management paradigm he ever knew the Lo Angele Police Department (LAPD) management culture an organizational paradigm that long ago ceaed to be effective. He tried to manage and lead a police agency baed on ytem that imply do not work anymore. Reult It i important to look at meaurable reult. a Chief Park holding officer accountable through dicipline? a he firing bad cop? a he building a new department? a he lowering crime and keeping the city afe? 73

98 Police Labor-Management Relation (Vol. I) Holding Officer Accountable Through Dicipline and Firing Bad Cop No one want bad cop becaue they attack the eence of the American way of life by undermining confidence in the police ervice. Let alo make it clear that there are miion-pecific reaon why police union don t want bad cop. They cot union money by contantly draining valuable legal defene fund and by giving police a bad name, which make it more difficult for the union to obtain improved pay and benefit. The much ballyhooed Perez-Rampart Scandal howed that the o-called corruption wa not ytemic but, in fact, wa iolated to a very few officer. Of the nearly 75 officer who were charged internally with miconduct, only a couple of officer were found guilty of any wrongdoing. Mot peronnel complaint during the Park regime were arbitrary, capriciou, and ludicrou. For example, right after September 11, 2001, officer received peronnel complaint for wearing American flag lapel pin on their uniform or flying American flag from the antenna of patrol car. Moreover, example abound of double tandard and unequal enforcement of regulation. Building a New Department The LAPD a an organization wa breaking down. The working environment, the morale, and the organizational culture, which are the chief reponibility, were in diarray. A an example of hi philoophy, Chief Park wa often quoted a aying that morale wa not hi problem. And he truly believed that. The reult were clear. By the time Chief Park reigned under great preure, the LAPD wa in crii and collaping. There were ignificant indicator of organizational failure: High attrition rate. hen Chief Park took over in mid-1997, there were approximately 10,000 officer. hen he retired in mid-2002, there were approximately 8,300 officer. Inability to recruit new employee. In the mid-1990, the LAPD would put recruit clae of 80 to 100 new officer into the Police Academy every month. By 2000, the LAPD could field recruit clae of 25 to 30 every third month. Moreover, the LAPD could not attract nonworn employee either. The Report of the Rampart Independent Review Panel (November 2000) tated that there were approximately 600 to 800 vacant upport poition in the LAPD. High injury and ick rate. The ick rate increaed noticeably under Chief Park tenure. Particularly intereting wa the increae in the number of officer taking bonding leave. Some 45 percent of thee were male. No one can ay definitively that officer were taking full advantage of their right to bonding leave to look for a poition with another agency, but the inference i there. One need only look at the high number of young officer with children who left LAPD to come to that concluion. One final word in thi area. An important qualitative meaure of a healthy organization are group celebration uch a diviional picnic and holiday eaon partie that dropped off to near zero during Park 5-year reign. 74

99 Sytemic Failure: hat a rong with LAPD? Lowering Crime and Keeping the City Safe The rie or fall of crime rate may or may not be the ultimate reponibility of the chief of police. But during Park tenure Lo Angele came to be known a the bank robbery and car theft capital of the world. Crime rate, particularly violent crime, piked. The media and community repreentative became critical of the department repone to increaing crime rate. To repond to demand from the media and community, the LAPD held public meeting. Reident were invited to hare their view, only to find out that the LAPD real objective wa to tell the people what a good job the LAPD wa doing. Member of the public reacted with comment that were openly and vigorouly hotile toward the management repreentative who conducted the meeting. entially, the public complained that they wanted more viible patrol on their treet becaue they no longer felt afe. For example, in January and February 2002 there were 14 homicide in the largely Hipanic area known a Hollenbeck Diviion. Nearly 150 people from the community marched in protet from the Hollenbeck Police Station to LAPD Headquarter at Parker Center, demanding that the police take more aggreive and preventive meaure. Cultural Change The LAPD ytemic failure i baed on the entrenched organizational belief and value of the appointed manager and o-called leader. Dougla McGregor of the Maachuett Intitute of Technology (MIT) gave u hi thei on management in Theory X and Theory Y. The baic aumption of Theory X are that management alone i reponible for the organization and it reult. ithout trong management, worker would not do their job becaue the average worker i lazy, ha no ambition, reject reponibility, and in general in t very bright. Chief Park management tyle wa baed on Theory X. Thi type of ytemic thinking i a recipe for failure in a community-baed policing program. The baic aumption of Theory Y tate that worker want to be a part of omething greater than themelve. It alo aume that worker are NOT naturally paive and reitant to the need of the organization, but rather want to be team member where they can actively participate in omething meaningful and enduring. There are few place where thi i more true than in the police ervice. Thi type of ytemic thinking i critical to a ucceful community-baed policing program. dgar Schein of MIT ay, that The mot important job of the chief executive officer i... [to] etablih the right culture... Culture i rooted in the baic aumption of an organization that are it belief and value. hen combined, belief and value, in effect, ynergize and produce attitude. hen attitude are acted out they become normative behavior. If a chief want to change outcome, he or he mut change the culture by going to the root of culture (baic aumption: belief and value) and hape them to attain the intended outcome. 75

100 Police Labor-Management Relation (Vol. I) A ucceful culture will have effective and efficient leader and manager. Leader are leader not baed on their poition in the organization. Leader lead people, manager manage thing. In 1962, Abraham Malow of Brandei Univerity aid that worker mut be empowered to do their job becaue the more influence and power you give to omeone ele in the team ituation, the more you have yourelf. Corrective learning mut not be perceived a punihment. No matter how great the natural abilitie of a world-cla athlete, a coach cannot punih the athlete into world-cla excellence. The effective chief will be a coach. And to be an effective organization, all takeholder have to be a part of and feel ownerhip in the organizational belief and value, miion, and goal and objective. Leader help keep the organization focued on thoe thing. In 1942, Joeph Scanlon of the Maachuett Intitute of Technology aid that the average worker know hi (her) own job better than anyone ele, and that there are a great many thing that he (he) could do if he (he) ha a complete undertanding of the neceary. Given thi opportunity of expreing hi (her) intelligence and ingenuity, he (he) become a more ueful and valuable citizen in any given community or in any indutrial operation. In a holitic view of public afety, leader in the community policing environment will eek out poitive participation from all takeholder. Thi mut be an incluive proce. In thi cae, the LAPD management ignored community repreentative unle they agreed with the edict from on high. The LAPD management alo ignored the voice of the rank-and-file officer and their aociation. hen the community repreentative and the rank-and-file officer joined together in an effort to retore community policing, it wa the catalyt for expoing the failure of the Park adminitration. Thi expoure eventually led to Park reignation and retirement. Community policing leader are not leading until they include the community, rank-and file officer, and everyone ele who ha a hare in the improvement of and delivery of police ervice. Leader mut be incluive before organizational tranformation can occur. The end reult i the delivery of more effective and cot-efficient community oriented police ervice. pilogue LAPD ha been under the leaderhip of illiam Bratton for jut over a year. In that time, the Department ha revered all of the trend we have looked at above. LAPD i no longer loing officer but, in fact, it i adding new officer every month. Injurie and the ue of ick time are declining. Crime i declining. Diviional (precinct) ummer picnic, holiday partie and other celebration are occurring again. Chief Bratton ha driven a clear meage of initing on tranparency in the organization. The new media, the Police Protective League, and community group are no longer the enemy of LAPD but partner in a collaborative effort to fulfill the miion of the Department. There are open communication. For example, Chief Bratton write a regular column in the League newpaper and League officer regularly attend enior taff meeting. People are praied for the good job that they do and thoe in authority are finally being held accountable. The LAPD ha hown marked improvement. 76

101 Sytemic Failure: hat a rong with LAPD? FOR MOR INFORMATION ON THIS CHAPTR For a chronological newpaper account of the event in thi chapter, go to Lo Angele Time at www. latime.com. Poible interim chief a harp contrat to illiam; LAPD: Bernard Park i hailed for inciivene, grap of police procedure. But critic fear return to Gate era. By Jim Newton and Matt Lait, March 12, 1997, pg. 1. xit Interview; The Chief look back; He cite ucceful reform, political roadblock, by Jim Newton, May 16, 1997, pg. 1. Help anted; For the mot part, illie illiam precipitated hi own downfall. But a L.A. readie for a new top cop, both city leader and the next chief have much to contemplate, by Jim Newton, July 27, 1997, pg. 11. Park finally gain top job now for the hard part; Hi political kill mut be ued for LAPD and public afety, by Staff, Augut 6, 1997, pg. 6. Chief hailed on hi home turf; Ceremony: At Police Academy wearing-in, Park i greeted by wellwiher, including three predeceor and Mayor Riordan, by Beth Shuter, Augut 23, 1997, pg. 1. Chief Park etablihe firm hand in firt 100 day; LAPD: Some oberver ay he ha alienated rankand-file, but many other praie hi tackling of tough iue, by Matt Lait, November 19, 1997, pg. 1. Park put own tamp on LAPD in firt year, by Matt Lait, Augut 10, 1998, pg. 1. Chief ay probe i likely to nare more officer; Police: Park tell council that informant need 40 more hour to fully tetify but cite corroboration problem. He launche a formal of inquiry, by Matt Lait, Scott Glover and Beth Shuter, September 22, 1999, pg. 1. Commentary; Perpective on the Police; Blame Park for Rampart Scandal; The chief, who virtually ran the LAPD in variou capacitie ince 1988, i reponible, by Stephen Yagman, April 12, 2000, pg. 9. Leaderhip, Morale Problem Plague LAPD; Review ay; Police: A 200-member panel, including educator, executive, retired judge, find an overwhelming need for reform, by Matt Lait and Scott Glover, November 17, 2000, pg. A.1. LAPD; Riordan revive reform debate and enure it irrelevance; Chief Park i in the catbird eat, by Joe Domanick, February 11, 2001, Pg. M.1. Lo Angele; LAPD Union poll how vat majority oppoe Park; Police: Among officer who reponded, 93% voted no confidence in the chief, who i expected to eek a econd term, by Jill Leovy and Patrick McGreevy, January 18, 2002, pg. B.3. No way to pick a chief; The debate about Park future ha pitted elite black againt a police union. here i the ret of the city? by Joe Domanick, January 20, 2002, pg. M.1. Hahn tep up campaign to jutify tance on Park; Police: Mayor focue on convincing the public that new leaderhip i needed at the LAPD, by Matea Gold, February 26, 2002, pg. B.1. Hahn rating lip over bid to out Park; Time Poll: The mayor tanding drop among city reident, epecially black. Approval of the police chief i up, by Matea Gold and Jill Leovy, March 14, 2002, pg. A.1. Rampart report i a year overdue; LAPD: Chief, eeking a new term, i behind on a promied econd document. An official blame the complexity of the invetigation, by Scott Glover and Matt Lait, March 30, 2002, pg. B.1. Traditional allie clah over Park; LAPD: Civil libertie advocate and black leader diagree on how reform wa handled by the police chief, who i fighting to keep hi job, by Jill Leovy, April 1, 2002, pg. B.1. The Time Poll; Reident back city outing of Park; Survey: Half agree with the deciion while 34% do not, by Tina Daunt, April 4, 2002, pg. B.1. 77

102 Police Labor-Management Relation (Vol. I) The Park Deciion; Police Commiion reject Park; LAPD: Chief bid for a econd term i denied on 4-1 vote. ide majority of City Council ay that deciion hould tand, by Jill Leovy and Mitchell Landberg, April 10, 2002, pg. A.1. Point et; Chief inflexibility doomed him, by Steve Lopez, April 10, 2002, pg. B.1. Police union heavy hand, by Staff, April 12, 2002, pg. B.14. Lo Angele; Mayor, other dicu LAPD after Park; Police: Hahn want omeone le politically influential than in the pat. Chief make cae to council today, by Matea Gold and Tina Daunt, April 16, 2002, pg. B.3. Park ugget Police Union ued city money in effort to out him; Payment: Official of Protective League, which received fund to defend officer, call chief claim a dihonet tatement, by Matea Gold, April 17, 2002, pg. A.20. Chief, charging conpiracy, berate mayor, police union; LAPD: In urging council to give him a econd term, Park blame politic for an increae in crime, by Tina Daunt and Matea Gold, April 17, 2002, pg. A.1. City Council denie Park final appeal, by Tina Daunt and Matea Gold, April 18, 2002, pg. A.1. Park hang up hi badge; Police: The chief appear relaxed a he announce retirement, ay he will not ue city. He confirm political apiration, by Jill Leovy and Tina Daunt, April 23, 2002, pg. A.1. Lo Angele; In brief/lo Angele; Chief Park retirement will take effect today, by Staff, May 4, 2002, pg. B.4. Little job ecurity in being a police chief; Politic: ra of longtime leader give way to era of horttimer who at often gone in three year, by Jill Leovy, May 5, 2002, pg. B.1. Commentary; The top priority: Community Policing; L.A. next chief mut foter police-reident relation, by ellford. ilm, arren H. Schmidt and Alex J. Norman, May 6, 2002, pg. B.11. Lo Angele; Park announce council bid; Politic: The former LAPD chief begin hi campaign for the 8th Ditrict eat, by Staff, June 18, 2002, pg. B.5. Bratton confirmed a LAPD chief; Police: Council member overwhelmingly expre confidence in the former New York police commiioner. He will be worn in Oct. 28, by Tina Daunt and Megan Garvey, October 12, 2002, pg. B.1. New Chief come in winging; Bratton take oath, then condemn LAPD current tate and vow extraordinary weeping change. Hahn ay he ll back him up, by Beth Shuter and Richard inton, October 26, 2002, pg. B.1. Bratton take rein at LAPD; He avoid bold prediction, but praie officer, urging them to regain public trut, by Megan Garvey, Richard inton and Andrew Blanktein, October 29, 2002, pg. B.1. Lo Angele; Police Union, Chief agree to overhaul complaint proce; The accord, which mut be approved by Police Commiion, crap controverial ytem impoed by Bernard C. Park, by Richard inton ad Andrew Blanktein, November 7, 2002, pg. B.3. Chief want new probe of Rampart; Bratton ak for an outide panel to review how the LAPD handled the candal, fearing it could bleed thi department to death, by Scott Glover, Matt Liat and Andrew Blanktein, February 26, 2003, pg. A.1. Lo Angele; Raie OK d for Police; Former Chief Park i council lone dienter on three-year contract, by Jeica Garrion, Augut 7, 2003, pg. B.3. The Rampart Scandal; LAPD Probe Fade Into Oblivion; The invetigation that gripped the city i all but over, though far from done, by Matt Liat and Scott Glover, Augut 11, 2003, pg. A.1. The Rampart Scandal; Not All Scandal Are at Rampart, by Matt Liat and Scott Glover, Augut 11, 2003, pg. A.15. x-chief Refue to Dicu Rampart; Councilman Bernard C. Park han t cooperated with a city panel trying to ae the LAPD handling of the corruption candal, by Scott Glover and Matt Lait, Augut 23, 2003, pg. B.1. Park Letter on New Rampart Inquiry Draw Fire, by Monte Morin, September 3, 2003, pg. B.4. 78

103 A Tale from the Twin Citie Chapter 11 A TAL FROM TH TIN CITIS: HO A COALITION OF POLIC OFFICRS AND CITIZNS CONVINCD TH CITY OF MINNAPOLIS TO NOT CUT OFFICRS FROM TH BUDGT By Michael R. Shannon Mandate Media My name i Barbara Howard and I believe I m the only witne to tetify before thi committee who ha a contract out on her life. That dramatic tatement wa the beginning of 4 hour of tetimony before the Minneapoli City Council Truth in Taxation Committee that et the agenda for 2005 budget dicuion and put public afety at the top of the council priority lit. It wa a dramatic turnaround from only a week before. At that time, in early November 2004, Mayor R. T. Rybak wa working hard to pa a budget plan that cut eight police officer from the department on-the-treet trength of 637 officer. Thi would have reulted in the fewet number of officer in the lat 25 year, down from a high of 938 officer in 1997 to only 770 in My client wa the Police Officer Federation of Minneapoli (POFM) and it wa obviou that in the very few week before the budget vote of December 13, 2004, the federation would need reinforcement to win. In fact, we would have to u all three of the C of ucceful public information campaign if we were to have a hope of winning: context, coalition, and confrontation. Our firt effort were to build the coalition for the confrontation. Barbara Howard, quoted above, i the owner of a beauty hop in a part of the city plagued by drug dealer and diorder. Her frequent 911 call and attempt to clean up the neighborhood had earned threat on her life and rumor of a contract to kill her. Howard became the firt member of the coalition, and he wa followed by homeowner, a pator, buinemen and women, a mental health profeional, community activit, and a fraud invetigator for a major downtown buine. e found thee volunteer by contacting officer whoe primary aignment involved ome type of community policing. Thee officer knew the individual in crime-plagued neighborhood and they made the firt contact with potential witnee before POFM board member cloed the deal. Thee individual agreed to be witnee at the city council budget hearing and to appear at new conference during the public information campaign. They alo worked to recruit friend and family to well the rank of citizen who wanted more, not fewer police officer. Once a witne wa on board, we interviewed him or her and got the background on hi or her individual crime problem and what he or he thought of the mayor propoal for additional cut to the department. 79

104 Police Labor-Management Relation (Vol. I) Thee interview erved a the bai for the witnee tetimony. Their torie provided the context for the talking point delivered at the hearing. Giving witnee uggeted talking point before the hearing alo erved to keep them on meage and enure that the important point were delivered within the time frame allotted each peron. itnee who were particularly nervou could imply read the tetimony, rather than peak extemporaneouly. Thoe witnee became the bai of the coalition. The context wa provided by the city acro the river St. Paul, Minneota. Context i where fact or iue are put in perpective for citizen and thoe not intimately acquainted with the detail of the controvery. In the abtract, 637 police officer might ound like a lot to the average citizen who think one officer i too many when he getting a ticket. But when you add context, pointing out that 637 i fewer officer than were on the job on September 11, 2001, and that during the time when Minneapoli wa cutting police officer, St. Paul wa adding officer, then the fact tart to have an impact. Minneapoli ha fewer officer today than on September 11, 2001? People were firt amazed and then many were angry particularly thoe who had experienced Minneapoli increae in crime firt hand. Now 637 i no longer jut a number, it an indication of decline, an explanation for the increae in crime, and an indictment of the mayor prioritie. The addition of St. Paul, and it increae in officer, how that a mayor who put a premium on public afety will find a way to keep the police force intact. Yet all too often fact are not put in context for the public and, a a reult, legitimate iue are defeated by half-truth and pin. In the cae of Minneapoli, the mayor baed hi cae on the cut in fund provided to the city by the tate of Minneota and expiration of federal funding for additional officer. Hi contention wa that with the cut in tate and federal funding he wa forced to cut the police budget; in fact, he wa forced to cut the budget of all city department by 10 percent to make up for the hortfall. In the abtract thi make ene. In context it i lunacy. St. Paul uffered from the ame budget cut, yet enlightened leaderhip in the Twin City wa adding police officer. Intead of budget cutting by decimation, the St. Paul mayor cut the fat and pumped up the mucle. A POFM Preident John Delmonico commented to the media, hen your income i cut by 10 percent you don t tell the bank the mortgage payment will be 10 percent lighter thi month. You cut what you pend on noneential o you can continue to pay for the eential. It not the role of the POFM to et police policy in the city and my advice to union leaderhip i uually to tay out of taffing argument. In thi intance, the POFM felt that it had to tep in when elected leaderhip wan t leading and overworked officer on the treet were feeling the brunt of citizen diatifaction with public afety. Under thoe circumtance, manpower became a working condition iue and a legitimate concern of union leaderhip. But at the ame time, a police union aking for more police office can eem elf-erving to the tax-paying public, hence the need for the coalition. 80

105 A Tale from the Twin Citie But in coalition, bigger i alway better and we had the added benefit of reinforcement from the inviible coalition: poll reult. The POFM had recently conducted an opinion poll that howed that the majority of voter overwhelmingly wanted more police officer. Now it became a quetion of timing. e had only 2 week before the budget vote. The firt wa pent building the coalition, doing reearch, and preparing for the budget hearing. There were only 8 day from the date of the hearing until the vote. Normally, I would hold a new conference a week before the hearing to reveal the reult of the poll demanding more police officer. Then on the morning of the budget hearing we would have another new conference featuring two or three of our mot dramatic witnee to give the media a teaer of their tetimony. Then the ret of the week would be devoted to building preure and the final C, confrontation. Thi arrangement give u two opportunitie for new coverage and more time for the iue to penetrate into the general public. It alo give u more time to organize. Unfortunately, we didn t have the luxury of time. On the morning of the hearing we had the new conference with the poll reult. Since poll are jut number and not viual, we had large color graph made for the broadcat media with copie on CD for print media. During thi new conference we made no mention of the witnee we had cheduled for the hearing that afternoon. hy not, you ak? Becaue we didn t want to give the media a choice in what to cover. It wa important that the council member know the reult of the urvey, (we thoughtfully provided them with a copy of the graph in their council mailbox that morning), but even more important wa that the council know that the media and the public at large are aware of the urvey. If we had witnee at the conference the danger i that the media will cover the people and not the poll, defeating the purpoe of the event. Reporter can interview people and our witnee were very dramatic but you can t interview an opinion poll, and writing the tory require reading. All of which i more trouble than hoving a microphone in omeone face. Beide, we already knew that the hearing would be covered that afternoon, o our witnee would not be ignored. ith that morning new conference we began the confrontation proce. The POFM received extenive broadcat coverage of the urvey reult and the next day the newpaper featured our budget hearing witnee, which meant we were off to a good tart. On edneday of that week we had another new conference to play a radio pot that began that morning comparing crime rate between Minneapoli and St. Paul. (Again I would have preferred to wait a week for the commercial, rather than have two new conference in the ame 5-day period, but we didn t have that option.) 81

106 Police Labor-Management Relation (Vol. I) The radio commercial we played for the aembled media began: Minneapoli and St. Paul are the twin citie, but when it come to violent crime they re not o equal. In Minneapoli we have an almot one-third greater chance of being a victim. FBI tatitic reveal violent crime per thouand reident, compared to St. Paul So what the difference between the two citie other than your chance of taying alive? The pot cloed by urging citizen to call their council member and demand they add more police officer. Thi i living dangerouly. The corollary to Pavlov dog i that when the bell ring, there had better be ome dinner. If the public doe not call when you ak them to, the political power aume you are a paper tiger and your campaign collape. The leaderhip of the POFM aured me that call would be no problem. Once again we had good turnout for the new conference, but even better, the aleman at radio tation CCO called that morning and aid that after the pot ran caller wamped the tation witchboard aking for the mayor phone number. hy litener call the radio tation for the number intead of city hall remain a mytery, but we were very happy with the repone. One of the more intereting call that morning wa from Mayor Randy Kelly of St. Paul who thanked the radio tation for all the kind word regarding afety in hi city. To keep the momentum on our ide, POFM Preident John Delmonico appeared on radio and televiion talk how throughout the week. He talked about the poll, the lack of officer, the new cut in manpower, and the crime ituation. ach appearance reinforced our meage and either reminded voter about or introduced voter to the iue. hat he did not talk about wa how to pay for the officer. That the job of the elected official, not the job of the cop. If the mayor and the council can t find a way to pay for public afety, then they need to find a career that doen t require uch tough deciion. hat we did ugget wa that they call the mayor of St. Paul for advice becaue he doe not eem to have a problem keeping and hiring police officer. The public campaign wa generating o much notice that Governor Tim Pawlenty ent Mayor Rybak a letter adviing him on how he could free up money to hire more officer. A letter that Rybak ignored. The final effort came on Monday, December 13, when the council voted on the budget. Coalition member were again on hand for a new conference prior to the vote and they packed the council chamber. The reult of all of the POFM hard work wa a council meeting dominated by public afety and a 2005 budget that did not cut a ingle police officer. In fact, the council pledged to find way to add officer in the coming year. There were three element that were crucial to the POFM ucce in thi campaign. One, the iue of public afety and police officer wa very important to the majority of voter in the city. Two, the POFM had the financial reource to take the iue to the public in a very viible manner. And three, the leaderhip of the POFM, Preident John Delmonico, Treaurer Lyall Delaney, and the ret of the board of director were active, motivated, and extremely hard working. 82

107 PART TO: Navigational Aid

108 Navigational Aid NAVIGATIONAL AIDS Section 5 of Part II look cloely at ome cae tudie to determine what i working and what i not working when it come to the relationhip between police management and labor in law enforcement in the United State. Section 6 examine one of the nation hottet political topic racial profiling by police officer and provide comment from a police reearcher, police chief, police union leader, and the American Civil Libertie Union (ACLU). For Section 5, the project coordinator and adviory team member elected three citie that bet repreent the variou tage of ucce at implementing change or reform in ome cooperative manner. ach cae tudy encompaed one or all of the four tier of a principled relationhip between police management and police labor: communication, cooperation, repect, and trut. The three cae tudie in San Diego, California; Autin, Texa; and Stamford, Connecticut, examine how the partie worked together, tried to work together, or failed to work together on variou iue confronting the department and community. ach cae tudy dicloed which of the four tier to a principled relationhip were in place in the agency. Chapter 12 examine the San Diego (California) Police Department. Police management had to work with the union to effect change in the collective bargaining contract to allow the department to adjut hift during a major international biotech conference. The project coordinator interviewed the police chief, aitant police chief, and police union preident, and dicued not only the conference, but alo the overall relationhip between police management and labor. Chapter 13 look at the Autin (Texa) Police Department. The mayor and city manager wanted to gain the upport of the police union in implementing a police civilian review proce. The project coordinator interviewed the police chief, aitant police chief, and police union preident about the dynamic of management and the union collaborative effort to develop and ratify a civilian review proce into a collective bargaining contract. Thi cae tudy ha been made more complex becaue the implementation of the agreed-on civilian review proce ha been controverial and under attack by the ACLU and community group. The ACLU of Texa provided an inightful commentary of it view on the iue. Chapter 14 review the Stamford (Connecticut) Police Department. The project coordinator wanted to tudy the long-term effect of developing a trong working relationhip among elected official, the police chief, and the police union in a heavily unionized northeatern city. The mayor, police chief, and police union preident were interviewed. Section 6 i about one the mot politically volatile iue confronting law enforcement in the United State: racial profiling. The two chapter preent one police chief deciion to eize the initiative and implement a racial profiling policy and how the ACLU became involved in the racial profile debate. Chapter 15 provide inight into how one of the mot progreive police chief in the United State wa able to take the initiative and build a coalition among hi agency, the union, and the community to implement a racial profiling policy. Chapter 16 give the ACLU the opportunity to addre it tance on implementing racial profiling law in every tate, and why thi poition caue conflict with police chief and police union. 85

109 SCTION FIV: SMOOTHR SAILING: FOUR PRINCIPLS THAT CAN CHANG TH RLATIONSHIP

110 Police Management and Labor orking Together The et Coat Chapter 12 POLIC MANAGMNT AND LABOR ORKING TOGTHR IN SAN DIGO, CALIFORNIA TO PRPAR FOR TH BIOTCH CONFRNC Hitory of the San Diego Police Department The Metropolitan San Diego Police Department (SDPD) wa etablihed May 16, Until then, city marhal and contable provided law enforcement in the city. Officer were paid $100 a month and worked 12 hour a day, 7 day a week. In 1895, hift were reduced to 8 hour but the pay wa alo cut to $75 per month. Today, the police department ha more than 3,000 officer and upport peronnel protecting a city of more than 1 million people. The San Diego Police Officer Aociation (SDPOA) repreent the police officer in the department for the purpoe of collective bargaining. hy a San Diego Choen for the Cae Study? The project coordinator and adviory team member feel that San Diego repreent one of the nation mot progreive and profeional police department. Virtually every city and county ha to prepare itelf for occaional conference, fetival, demontration, porting event, and political convention, but San Diego ha had more than it fair hare of uch event. hen a police department need to marhal it peronnel and equipment, it i critical that management and labor have a good working relationhip. In San Diego, management decided to work cloely with the union to prepare for poible demontration during the Biotech Conference. The city expected 12,000 delegate to the conference, and kept in mind that the orld Trade Organization (TO) conference in Seattle had reulted in detructive civil demontration and repeated clahe between demontrator and the police. To adjut departmental chedule and hift during the conference, management needed the aitance of the police union to make change in the collective bargaining contract to allow the implementation of 12-hour hift for a week of the Biotech Conference. Management Perpective Chief David Bejarano wa the firt official interviewed by the project coordinator. He advied that hi relationhip with the union preident wa baed on repect, trut, and fairne. He recognized that the chief and union would have different iue and agenda at time. The chief felt he could have confidential converation with the union preident, which proved to be more than a perception. He tated up front that he wanted the union to have a voice at the table. He alo acknowledged that top-down management would not work. Chief Bejarano felt that the department had a hitory of working with the union when other big event were cheduled in San Diego, and management had involved the union in the early planning tage of the Biotech Conference. Police management wanted the union to buy into the need to adjut work hift to 12-hour 89

111 Police Labor-Management Relation (Vol. I) day during the conference o that the city could control overtime cot. The chief aigned command taff to work with the union to identify iue and work out the detail. Once the command taff and union were atified, the propoal would be brought back to the chief for approval. The next interview were with xecutive Aitant Chief John elter and Aitant Chief Steve Creighton. They felt management and the union leaderhip were willing to work together. Aitant Chief Creighton i the department liaion with the police union. Police management knew that if the city had to pay overtime after 8 hour for the entire department for the week of the conference, the overtime cot would have been prohibitive. Police management wa cognizant that the police union had to remain in good tanding with it member. The key wa communication with the union leaderhip. Management recalled that they met with the union 2 and a half month before the Biotech Conference. It wa management poition that contractual language allowing one hift change every 4 month had to be changed, and made a preentation to the union about controlling the financial cot of the conference on the city by placing all officer on 12-hour hift to avoid paying overtime after 8 hour of work. SDPD Intelligence officer were brought in to brief the union on what to expect if 10,000 demontrator turned out. The union agreed to waive the contractual language with one provio. If the city decided to activate the entire department, officer would not be ent home to avoid the payment of overtime after working 40 hour. The guaranteed overtime for the week wa a major incentive for the officer. The union poition wa that officer would make all of the neceary family arrangement to work 12-hour hift for a many a 10 to 11 day. The union did not want the officer to have to face the uncertainty of having to readjut their peronal live if the work load were light and upervior would want to reduce the number of officer on city time. The actual deployment for the conference tarted on June 23 and concluded on June 27, The agreement to waive Article 32 of the memorandum of undertanding (MOU) on hift change wa concluded with a ide letter of undertanding ent by Aitant Chief Creighton to SDPOA Preident Bill Farrar. The letter conveyed, Chief Bejarano gratitude to the entire POA board for being receptive to modifying the MOU in thi one intance for the conference. The contract waiver wa not by ratification of the member. hile it wa pointed out that thi i legally permiible under California meet-and-confer law for the union leaderhip to agree to amend the contract without a memberhip vote, police management admitted that in hindight it would have been better to have had the union leaderhip ign the waiver in the event there wa a breakdown in the relationhip. Union member filed no grievance over the amendment. The letter dated June 1, 2001, tated the department and the SDPOA agreed to the following: Not change hour to avoid overtime Allow an officer to work the entire hift if cheduled for a 12-hour hift Increae the maximum number of compenatory hour that the officer are allowed to carry to the next fical year. One benefit of the Biotech Conference wa that the department received a ubtantial amount of new equipment and every officer received additional training. Thi wa epecially beneficial for detective, who had not had any operational training in year. Detective were placed in Mobile Field Force. Police management and the union agreed to notify each officer 10 day in advance where he or he would be aigned. 90

112 Police Management and Labor orking Together Police management had tudied the TO conference in Seattle, ahington, where police made 600 arret and demontrator caued $2.5 million in damage to downtown buinee. The SDPD ued the media to publicize how prepared the department would be to handle any unruly demontration. Thi preparedne paid off becaue the number of demontrator dropped off after the firt day. The city expected up to 6,000 demontrator, but on Sunday fewer than 1,000 marched through the city. In hindight, police management would have liked to have had the ability to return officer to their normal 8-hour hift and ave the overtime money, but they recognized that the union would have proteted. The city hard cot were about $3 million, including overtime and equipment. Not included wa cot of the harbor patrol, heriff department, and neighboring police department. Only 20 arret were made, none of them violent. The aitant chief felt that the union and management had a culture of working together and that the relationhip wa never adverarial. One example of mutual cooperation wa the creation of the Retired Senior Volunteer Program (RSVP), a volunteer force of 1,100 citizen who would ait the department. The ue of citizen volunteer in a department that ha one of the lowet ratio of officer per citizen could have been a ore pot for the union. Police management and the union worked out the legal and contractual iue. The union bought into the volunteer program becaue they aw the volunteer doing ome of the leat deirable job in the department. The union ha contributed fund to aid the program. Another propoal being conidered between the union and management i to allow the city to rehire retired police officer. The retired officer would be outide the bargaining unit, would be paid a nominal fee for their ervice, and could work 90 day a year. One practice that help maintain a cooperative relationhip between management and the union i that the union preident and the command taff liaion meet two to three time a week to dicu diciplinary matter. Many diciplinary cae are mediated between police management and the union. Police management reported that SDPD ha filed very few contract grievance. A of the date of thi cae tudy, only two grievance were before the city council. The SDPD civilian review board advie the chief, who liten to the board adviory opinion, but the board ha no ubpoena power. The California Peace Officer Confidentiality Act prohibit the public from eeing a peace officer peronnel file. Union Perpective Bill Farrar, preident of the SDPOA, i a 30-year veteran of the police department and erve a a patrol officer. SDPOA repreent 98 percent of the 2,100 officer in the bargaining unit. Farrar participated in the briefing by police management on what to expect during the Biotech Conference. Police management recalled that it contacted the union about 2 and a half month in before the conference. Actually, written document indicate that police management did not contact the union until about 2 to 3 week in advance of the conference. Farrar tated that the union wa not really involved in the planning for the Biotech Conference becaue it wa too late in the planning tage when the firt meeting took place. He aid that management wanted jut one waiver on the hift change. The union till had a bad tate in it mouth over the Republican National Convention when the department ent officer home early after mobilizing them on 12-hour hift for the convention. The union had ubmitted a grievance and the city had to pay the officer for the 12-hour hift. 91

113 Police Labor-Management Relation (Vol. I) The union wanted a guarantee that if the city activated the department officer, the officer would tay activated until the conference wa over. The union wanted one additional agreement. A proviion in the contract allow officer to accumulate up to 80 hour of compenatory time and allow officer to pay down (or ell back) 45 hour each July 1. Since the Biotech Conference wa jut before the July ell-back, the union wanted the cap raied to 160 hour and to allow the officer to carry over that time until July Officer would be receiving a 5 percent raie during thi contract term, and they could ell back the compenatory time at a higher rate of pay, thereby aving the overtime money. Farrar felt that the union wa legally ound in it poition to agree to the waiver by a ide letter. The union wa not going to aert a violation. The city and union rarely do ide letter but thi wa a pecial circumtance. The union iued a bulletin to it member dated June 5, 2001, explaining the MOU waiver. Since the union preident i releaed from full-time police dutie, he wa permitted to move around the variou worktation, aembly point, and demontration ite during the Biotech Conference to meet with officer. hen San Diego hoted the Republican National Convention, officer complained about a lack of water, food, and retroom facilitie. The city corrected thee problem during the Biotech Conference. The union et up a hotline to take complaint, but it received virtually no call. There were ome complaint about the few upervior who wanted to end officer home when nothing wa happening, but the union contacted management and management rectified the complaint. Farrar aid that he believed mot of the officer enjoyed the change in routine. New uniform, equipment, and training allowed SDPD to how their tuff to the media and public. Plu the overtime earned during Biotech wa a nice addition to their pay. Farrar believe that the union ha a good relationhip with police management. He aid a previou aitant chief aigned a the union liaion wa a problem, but he and Aitant Chief Creighton have been able to work cloely together. He believe they can peak frankly and hare unofficial point of view. Since they were already working cloely on diciplinary iue, thi relationhip carried over to preparation for the Biotech Conference. Aitant Chief Creighton and Farrar try to reolve all iue before they get to the chief level. Farrar could recall only two incident where grievance needed to be heard by the chief. here the union and management have not been able to reolve cae through mediation, they agreed to diagree. The union acknowledge that there are very few grievance, given the ize of the bargaining unit. Mot grievance are reolved informally. Farrar tated that the vat majority of all officer who received dicipline did not file an appeal. The department Diciplinary Review Committee include the union in reviewing how dicipline i adminitered. The union encourage the ue of informal mean of reolution for all dicipline becaue once attorney are aigned the proce become more adverarial. A econd committee that include the union i reviewing the promotion proce. Farrar agree that the RSVP ha been beneficial to the department. He aid that individual officer have different opinion about the effectivene of the program but, overall, the rank-and-file officer upport it. He aid the RSVP volunteer do vacation check and other work that would not get done otherwie. The union fund thank-you partie and upport the program in other way. hile there are occaional conflict between the RSVP volunteer and SDPD officer, thee iue are reolved quickly. Farrar raied ome concern about police management propoal to rehire retired officer, quetioning who will repreent them for legal and contractual problem. 92

114 Police Management and Labor orking Together Principle Identified In San Diego, both police management and the union acknowledge that they have a day-to-day level of communication, cooperation, repect, and trut. Thi daily contact carrie over when management and the union need to make other change. Management make an effort to give the union ownerhip in the department. Both partie recognize that thi relationhip need contant work to be ucceful. hile the union ha been cooperative with management, if management take that for granted the union leaderhip may decide to become more adverarial. Potcript Collective bargaining negotiation between the City of San Diego and the SDPOA reached an impae in The union wanted a 14 percent raie over 3 year and the city final offer wa 13 percent. The city council impoed a one-year 2 percent wage increae. The union conducted a erie of public education campaign to preure the mayor and city council to give the union a bigger raie. San Diego Union- Tribune, May 15, San Diego Union- Tribune, January 22, San Diego Union- Tribune, February 1, SDPOA Preident Farrar predicted that the officer would take a variety of tep to indicate their dipleaure, including refuing to work overtime voluntarily on pecial event uch a the January 2003 Super Bowl. Mayor Dick Murphy aid any protet by the police would be unfortunate. The SDPOA decided againt picketing the football game. The city council wa advied to accept a new police union contract. SDPOA Preident Farrar wa quoted in Union-Tribune a aying he wouldn t peculate on what part a deciion by the union to call off the Super Bowl demontration played in advancing the contract propoal. In the ame article, Mayor Dick Murphy tated that he upected that the governor propoed budget cut had more effect on the ettlement than the Super Bowl. The city council agreed to make an offer of an 11 percent pay raie and to horten the workday for detective from 10 and a half hour to 10 hour. Ninety-ix percent of the union member voting approved the propoal that gave the 2,083 officer in the bargaining unit a 2 percent raie in July 2003, 2 percent in December 2003, 4 percent in July 2004, and 3 percent in December The Union-Tribune quoted Farrar a aying, I m pleaed we had the ability and the opportunity to increae the compenation to officer, to make San Diego more competitive. Since the cae tudy concluded, San Diego Police Chief David Bejarano retired in 2003 and accepted an appointment by Preident George. Buh a the U.S. Marhal for the Southern Ditrict of California. Aitant Chief Steve Creighton retired in San Joe Police Chief John Landowne replaced Chief Bejarano. SDPOA Preident Bill Farrar did not eek reelection in

115 Police Labor-Management Relation (Vol. I) FOR MOR INFORMATION ON THIS CHAPTR For a chronological newpaper account of the event in thi cae tudy, go to San Diego Union-Tribune at Biotech convention organizer, critic foreee a peaceful event, by Penni Crabtree, June 8, Police officer were not treated fairly, by Thoma M. Rhode, June 26, 2002, pg. B.11. S.D. police won t picket at the game, by Diane Bell, January 21, 2003, pg. B.1. City to be advied to OK police union plan: Negotiation for officer raie broke down in May, by Ray Huard and Joe Hughe, January 22, 2003, pg. B1. Police in line for 11% raie over 2 year: Officer voting on tentative deal, by Ray Huard, January 30, 2003, pg. B San Diego police officer approve new contract: Package include 11 percent raie over 2 year, by Pauline Repard, February 1, 2003, pg. B1. Next police chief: Chooe bet peron to face unreolved iue, ditorial, March 23, 2003, pg. G.2. Policing for America finet city, by David Bejarano, March 30, 2003, pg. G.3. Chief bid farewell: Smile, and ome tear, a Bejarano tep down, by Joe Hughe, April 25, 2002, pg. B Bejarano lauded a one of the bet, ditorial, April 29, 2003, pg. B.2. A rare outider: Landdowne i good choice for police chief, ditorial, July 29, 2003, pg. B.6. City Council OK choice for top cop: Landowne hand-on approach begin Augut 25, by Ray Huard and Joe Hughe, July 30, 2003, pg. B S.D. police union ue city over penion: Million ought, and Aguirre outer, By Ronald. Powell, Augut 10, 2005, online edition. 94

116 Cooperation Between the City of Autin, Texa and the Police Aociation On the Gulf Coat Chapter 13 COOPRATION BTN TH CITY OF AUSTIN, TXAS AND TH POLIC ASSOCIATION TO IMPLMNT A CIVILIAN RVI PROCSS Hitory of the Autin Police Department The Autin Police Department (APD) wa etablihed in Until then, the city marhal and hi deputie performed policing function in the city. Autin i the tate capital and the fourth larget city in Texa. Today the police department employ 2,000 officer and upport peronnel, protecting a city of 656,000 people. In 1947, the Texa Legilature prohibited all public employee from collectively bargaining, and in 1973, the tate legilature amended the prohibition to allow local government police officer and firefighter to collectively bargain if it wa approved by the local voter. In 1995, the tate legilature granted Autin police officer the right to meet and confer with the city without a referendum. The Autin Police Aociation (APA) repreent all rank in the department below chief for the purpoe of collective bargaining. hy wa Autin Choen for the Cae Study? The project coordinator and adviory team member wanted to do a cae tudy on the impact on elected official, city government, police management, police labor, media, and the community when attempting to implement change over a politically enitive iue. Since the implementation of a civilian overight proce i one of the mot controverial iue in American policing, they decided to ue the Autin (Texa) Police Department for the cae tudy. ith it high-tech indutrie, 50,000 tudent and 13,000 employee at the Univerity of Texa, and 50,000 tate employee, Autin ha been characterized a a well-educated, high-income and ocially active city. Autin ha been one of the fatet growing citie in Texa and the United State in the pat 2 decade, reulting in rapid expanion of the police department. Rapid growth ha alo increaed the crime rate and raied the potential for conflict between police officer and citizen. A defining moment in the community came on February 11, 1995, when police officer reponded to a party on Cedar Street. hile the citizen involved and the police officer at the cene offer varying account about to what happened, a fight tarted, and a police officer on the cene tried to intervene, one of the officer wa tabbed in the head with a buck knife. More unit reponded and a major confrontation occurred. No APD officer were diciplined. A civil trial reulted in a jury plit 5 to 1 over whether police ued exceive force, and ruled againt the plaintiff. The city and the plaintiff later ettled out of court. The Cedar Street incident reulted in call from certain element in the community for civilian review of the police department. In 1999, Autin Mayor Kirk aton created a citizen committee called the Police Overight Focu Group (POFG) to meet and dicu the creation of a Civilian Review Proce (CRP). The mayor then requeted the city, police union, and police management to reach a conenu on the iue of a CRP during contract negotiation between the city and union in The agreed-on CRP would be incorporated into the memorandum of undertanding (MOU) to bind the city and the officer. The one fly in the ointment wa the American Civil Libertie Union (ACLU) and other community organization. 95

117 Police Labor-Management Relation (Vol. I) Management Perpective Chief Stan Knee wa interviewed briefly by the project coordinator. He ha been chief of police ince 1997, and wa chief of police in Garden Grove and National City, California, before to coming to Autin. He i a 35-year veteran of law enforcement. Chief Knee aigned Aitant Chief Rick Coy and Aitant Chief Mike McDonald to repreent police management during contract talk between the city and the police union. Aitant Chief McDonald wa not available to peak to the project coordinator. He wa promoted recently to erve a a deputy city manager a part of a cro-training program for city management peronnel. Aitant Chief Rick Coy wa the primary management interviewee for thi on-ite viit. He i a 29-year veteran of the Autin Police Department, wa promoted to Aitant Chief in 2000, and currently i aigned to the Community Policing Support Bureau. Aitant Chief Coy advied that the mayor appointed a divere group of citizen to the POFG, including the preident of the police union, to work on the language for a CRP. He noted that the mayor did not appoint anyone from police management to erve on the POFG. He believe that thi deciion kept the command taff outide the loop early in the proce. The command taff felt that the media and public aw the union a repreenting the police department. In hindight, Coy believe that police management hould have been appointed to repreent the chief of police and command taff on the POFG. According to Coy, the POFG ultimately developed a blueprint of a CRP without any inight from police management. The POFG blueprint wa ubmitted to the city, police union, and police management with the undertanding that it wa to be refined further during the meet-and-confer dicuion. Aitant Chief Coy tated that police management had it firt opportunity to review the POFG blueprint of a CRP when contract talk began. Coy felt that the parameter were already et and police management could not reinvent the wheel at the bargaining table. He did ay that police management wa able to make ome minor change to the POFG blueprint; however, very few change from the language in the blueprint to the final CRP language were adopted in the contract. Overall, Aitant Chief Coy felt that police management wa atified with the final language. The final CRP language created a even-member panel with one peron appointed by each of the even city council member. The CRP panel would not be allowed to iue ubpoena or overturn any dicipline iued by the chief of police. The CRP panel could review cae not utained by the chief of police. ach member of the CRP panel would be required to attend a police training program. The city manager would appoint one full-time paid police monitor and all citizen complaint would be directed though the police monitor before going to the Internal Affair Diviion (IAD) unle the complaint wa internally generated. The police monitor would receive an itemized lit of all citizen complaint each Friday, and would have acce to all complaint, file, and IAD interview, but would not be allowed to interview officer. The police monitor cannot be preent when an officer receive diciplinary action. The CRP language agreed on at the bargaining table reached the member in early 2001 and received a le-than-warm welcome from many rank-and-file union member. Aitant Chief Coy tated that 40 percent of the officer voted againt ratifying the contract depite a 24 percent increae in wage over the next 3 year. He felt that many police officer were miinformed about the impact of the CRP and the union wa unable to educate them. He aid the main theme of the dient related to why the union wa even involved in negotiating over a CRP. To add to the diinformation, a mall group of officer affiliated with the Fraternal Order of Police (FOP) encouraged a no vote againt ratification of the contract. 96

118 Cooperation Between the City of Autin, Texa and the Police Aociation Aitant Chief Coy reported that police management attended the hift meeting and explained the condition and iue with the contract. He felt there wa a level of trut with the officer and it wa in part becaue of the police chief upport that the contract wa ratified. Union Perpective Autin Police Aociation Preident Mike Sheffield i a detective with more than 27 year of ervice. Since July 2001, he ha been on full-time releae from hi patrol dutie to conduct union buine. Detective Sheffield participated in the POFG and wa at the bargaining table during contract dicuion to adopt a civilian review proce. Detective Sheffield wa aked by Mayor aton to participate in the POFG. It wa a tough deciion becaue Detective Sheffield knew that any union participation in drafting a civilian review proce would have the potential for member backlah. He requeted that the mayor and council agree in advance that the final CRP language be negotiated into the MOU between the city and the union. Detective Sheffield tate that the union i very politically active and the union ha a good relationhip with the mayor and the majority of the city council. One council member wa an active-duty APD officer and union member when he ought and won election with the financial upport of the APA political action committee. ith the guarantee from the mayor that the police union would have ownerhip in the CRP language, Detective Sheffield felt that the police union had the opportunity to have input in the proce and the police union could control the CRP iue in the future through collective bargaining. It wa a calculated gamble that almot backfired on the union leaderhip. The union primary concern with any CRP wa to protect individual officer from becoming political football during an invetigation. The union wanted one police monitor appointed by the city manager to prevent the poition from becoming a political appointment by the city council. The union agreed that the police monitor could review IAD file, but that the police monitor could not remove the file from the department. ith the city and union in agreement on all major iue regarding the CRP, the partie were able to reolve the language difference and incorporate the CRP into the MOU without any ignificant diagreement. Detective Sheffield had a different impreion about why the chief of police and the command taff were excluded from the POFG. He believe the chief of police did not want to participate, and purpoely choe to remain outide the loop. He believe the chief of police choe not to be a part of the political deciion making on the CRP becaue management did not want ownerhip in cae the iue turned politically our. Detective Sheffield wa under the impreion that police management wanted to make the police union take poeion of the POFG blueprint, but the police union refued to make it a union-driven iue. The city had to introduce the blueprint at the table a it propoal. Sheffield think that management never wanted a CRP and thought the union wa ill-advied to get involved. The police union leaderhip faced intene internal preure when the propoed contract wa preented to the member. Depite achieving a 24 percent increae in wage, it wa evident that the CRP language wa the focu of all oppoition. The union ratification meeting lated 8 and a half hour and wa extremely volatile. The union attempted to educate the member about why the union needed to have control of the iue in the MOU and not to allow the ACLU and other community group to draft the CRP language. The FOP lodge flooded the department with it anticontract poition and encouraged the member to vote down the contract. The union retained legal counel to iue a report that countered the FOP allegation. 97

119 Police Labor-Management Relation (Vol. I) In the end, Detective Sheffield believe the large wage increae overweighed the anger at the CRP language. He believe that the contract would have failed ratification had the wage increae and other new economic benefit been lower. The mayor and city council wanted to put to ret the CRP iue and they were willing to give the police ubtantial pay hike to get union approval. After the member ratified the contract, ome union diident circulated a petition to recall Detective Sheffield a preident of the union. The petition drive failed to get enough ignature. The union diagree with Aitant Chief Coy about the effectivene of police management attending hift meeting in upport of the contract. Detective Sheffield tated that he had to call Chief Knee to ak that police management top attending hift meeting becaue he heard member complaining about police management elling the contract. ven though the police command taff i covered by the MOU and mot police manager are member of the police union, the divide between the rank-and-file and police management till exit. Detective Sheffield felt that police management advocating the contract would caue ome rank-and-file union member to vote againt the contract. The police union one regret wa that it allowed the city to preure the union into ruhing the ratification vote on the contract. The city had igned off on a very large economic package for the police jut a Autin high-tech indutry wa faltering and the city did not want a media or public backlah for giving the police big pay raie. The police union wa criticized for ending out it newletter announcing the ettlement before many of the member had even een the propoal. Many officer aw the propoed contract language, but they did not have the explanation from the union about what the new proviion meant. Detective Sheffield feel it wa a big mitake to ruh to ratification becaue the union needed more time to educate the member on uch a controverial and complex ubject. The city council faced tiff oppoition from the ACLU and variou community group requeting that the city council not ratify the MOU. The ACLU argument wa that the police received ubtantial wage hike but no real accountability. Mayor Kirk aton and everal council member carried the day in convincing the majority of the council that the newly adopted CRP needed time to work. The ACLU claimed that it wa betrayed in the proce and the CRP wa too weak and ineffective to control police abue. In hindight, Detective Sheffield till believe hi participation in the POFG and negotiating over the CRP wa the bet option available to the police union. The ACLU and it upporter were not going to give up and they were building a media campaign to way the city council and the public to upport the ACLU verion of civilian police overight. He believe that each critical incident would jut tir the pot and raie the police overight iue again and again. Detective Sheffield felt that the police union could not ignore the political reality that certain vocal group in the community wanted a much tronger civilian police overight proce. It i the union perception that the ACLU verion of civilian police overight would have ubjected the union and it member to a much more political proce that wa antipolice in it invetigation. 98

120 Cooperation Between the City of Autin, Texa and the Police Aociation Principle Identified The police union ha developed a level of communication, cooperation, repect, and trut with the city adminitration and elected official. hile the union and management have ome communication and an overall cooperative relationhip, the partie need to improve the level of repect and trut. If the union and management can continue to improve communication and cooperation, a level of repect and trut will develop. The CRP iue wa reviited when the MOU expired in 2003, and the ACLU and variou community group mounted a media and political campaign to trip away what they conider to be too many protection for police officer accued of miconduct. The union and management have a veted interet in a fair and equitable due proce ytem that i apolitical and warrant public trut. A cloe working relationhip between union and management will enure that the public interet in maintaining a wellregulated police department i met. Concluion Police management hould have participated in the POFG. The chief of police and command taff have to be een by the public a repreenting the police department in the proce. The union role i to repreent the rank-and-file police officer. Thee are ditinct and eparate interet at time. The union leaderhip aumed a riky poition when it entered into policy making over a CRP. Mot union leader would have been too afraid of member backlah to have erved on the POFG or to have igned off on any MOU language on the CRP. A een in the potcript, the city and police union hould have expedited the implementation of the CRP. The 1-year delay allowed proponent of a tronger CRP to gain political momentum and attempt to derail the agreement. Civilian overight of the police i a very controverial topic and Autin wa able to implement a CRP with at leat the agreement of the elected official, city adminitration, police management, and the police union, and, they hope, the majority of the general public. Potcript: In January 2002, the city elected an attorney a the new police monitor. Immediately, the ACLU and other community group tarted a gra root campaign to preure the mayor and city council to place it verion of a CRP on a ballot for adoption in the city charter. The ACLU amendment included the following: Amend the CRP to require appointment of the police monitor by the city council intead of the city manager. Thi would allow the ACLU and other community group the opportunity to ue the political ytem to lobby the city council over who i appointed a the police monitor. More pecifically, the ACLU wanted more information on police miconduct invetigation to be made public. The ACLU poition wa that completed invetigation of officer miconduct hould be made public regardle of whether the officer wa found to have done anything wrong. Thoe report are protected by tate civil ervice law that allow the report to be releaed only if the officer i punihed. The union believed it had a clear undertanding with the city manager, mayor, and council that the union would participate in developing a CRP only if the language wa negotiable and locked into the MOU. The police union felt that the POFG and the MOU reulted in an agreed-on CRP acceptable to the mayor, city council, city adminitration, police management, and the police union. The police union threatened legal action to enforce the MOU if the city council placed amendment to the CRP on the ballot. Detective Sheffield wa quoted in the Autin American Stateman a aying, e hook hand. e igned a paper. If 99

121 Police Labor-Management Relation (Vol. I) Autin American- Stateman, March 5, Autin American- Stateman, June 12, they keep thi up, they won t have any overight at all. The pokeperon for the ACLU Texa Police Accountability Project called the union preident tatement, a threat from the police to the people. The ACLU and certain community group packed city council chamber and lobbied each council member. The union mounted it own public relation campaign. Dueling pre conference were held. The union produced and aired a erie of radio commercial aking the public to contact their council member and upport the current CRP language. The city council on a four-to-three vote narrowly decided to not place any CRP amendment on the charter ballot. There i no doubt in anyone mind that the iue of police overight ha not been ettled. It appeared initially that Autin police officer, the police union, police management, and elected official had mutually agreed-on a mechanim to allow the community to vent it frutration in an open forum. The new police monitor and civilian review proce wa given it firt high-profile cae. On June 12, 2002, Autin police officer anwered a diturbance call at a houing authority apartment complex. A mentally diturbed 23-year-old female charged out of her apartment wielding a knife and tarted chaing the apartment manager. Police officer at the cene attempted to get the woman to drop the knife, but when the apartment manager tripped and fell, a police officer fired one hot to top the woman from tabbing the apartment manager. Thi incident wa the firt tet for the new police monitor and CRP. hile any hooting by police officer of a citizen ha the potential to generate controvery, thi incident ha all the making of an incident that ha deeply divided the community. The officer and the apartment manager are white, and the deceaed woman wa African-American. The ACLU, the NAACP, and other community organization called a pre conference at the cene and filed a civil law uit againt the city and the police officer involved. The Autin American Stateman reported that the dead woman mother arrived at the cene and tated, They killed my baby. They could have hot her in the leg. She wa a mental patient. They didn t have to kill that child. Aitant Chief Rick Coy wa quoted a aying, The woman wa tanding right over the houing authority peron with a knife. The officer ue of force wa to prevent eriou injury and had nothing to do with mental illne. The grand jury did not find ufficient evidence to warrant proecution, and the police department filed no adminitrative charge. The police monitor requeted that the city hire an outide law firm to conduct the invetigation and the union ued to block the outide inquiry. The tate ditrict judge rejected the union lawuit and ordered the outide invetigation to proceed; however, the final report ha not been revealed to the public becaue of retriction in the tate civil ervice law and MOU about releae of peronnel file information. The police monitor reigned. The city and police union battled in the public pre about the inquiry. The city and union agreed to a new 3-year MOU in 2004 that included prohibition againt the CRP panel and police monitor commenting to the media during an invetigation and new right for officer to ee witne tatement before anwering quetion. Unfortunately, the initial CRP and police monitor ytem broke down and nearly collaped from public preure from all intereted partie. Police hooting of minoritie in 2004 and 2005 continue to tet the CRP. Only time will tell if the partie can find a civilian overight ytem that i truted by everyone concerned. 100

122 Cooperation Between the City of Autin, Texa and the Police Aociation Interview Chief Stanley L. Knee Aitant Chief Rick Coy Autin Police Department P. O. Box Autin, TX Telephone: mail: eb Page: Detective Mike Sheffield Preident, Autin Police Department 400 et 14th Street, Suite 230 Autin, TX Telephone: (512) Fax: (512) mail: eb Page: 101

123 Police Labor-Management Relation (Vol. I) By ill Harrell xecutive Director ACLU of Texa ACLU OF TXAS PRSPCTIV ON TH AUSTIN POLIC CAS STUDY The American Civil Libertie Union (ACLU) of Texa Police Accountability Project wa formed after Autin police hot and killed three men under quetionable circumtance, a few month apart in In all three fatalitie, the Autin Police Department (APD) wiftly exonerated the officer and gave information to the ditrict attorney which reulted in three fat No Bill, which mean that the grand jury cleared the officer of the charge. A repreentative of the ACLU of Texa on the Police Overight Focu Group (POFG) negotiated the civilian review proce (CRP) in good faith with the police union preident and the other in the group. The ACLU of Texa igned the POFG recommendation believing that the public interet wa compromied by union interet to the point where any additional lo of public interet term would fail to erve the public interet. The ACLU wa hocked and addened when the meet-and-confer labor contract wa revealed to the public. The language in the memorandum of undertanding (MOU) gutted beyond recognition the POFG agreement. very term that benefited the public wa altered o that the public wa completely excluded from the civilian review proce. A a reult, the firt ever CRP in Autin wa not accountable to the public in any way. The whole CRP i under the city manager, who ha a conflict of interet: the city manager ha a legal duty to defend the city againt allegation of police miconduct. The public ha no additional acce to information about the fact of any cae or the reulting dicipline or lack thereof in any cae. ven the CRP panel ha very limited acce to information. And all of the CRP activitie take place behind cloed door. Thee deficiencie are obviou to the public. The public wa never told that the Autin Police Aociation (APA) would have ownerhip of thi ytem. It wa a ecret deal between the APA and a majority of Autin city council member. From the ACLU perpective, the mayor and city council guaranteed APA ownerhip becaue the police union political action committee i the ingle greatet contributor to city council candidate during campaign eaon, and becaue the mayor needed the endorement of the Combined Law nforcement Aociation of Texa (CLAT) for hi ubequent campaign for Texa attorney general. The editor of the local newpaper recently called the APA Autin mot powerful political force. CLAT taff aggreively lobbied the mayor and city council to upport the contract, donated unprecedented amount of money to city council campaign, and actively upported the mayor unucceful bid for attorney general. In 2002, when the city council debated change in the city charter that would place the civilian review proce under the city council intead of the city manager, the APA and CLAT returned to battle mode. e re going to war over thi deal, declared union preident Mike Sheffield. Again the police union ued it political weight to convince the city council that the CRP hould remain under the complete control of the city manager intead of becoming an independent body. 102 The principle of trut, repect, cooperation, and communication are frequently examined without regard for one of the mot important participant in the proce: the public. Succeful policing require a cloe working relationhip among the police, management, and the public. The four principle mut be real, not jut word on the page. Member of the Autin public who have remained informed about the proce feel

124 Cooperation Between the City of Autin, Texa and the Police Aociation left out. Maybe the police union relationhip with the city exemplified thoe four principle, but the proce did not repect the public a a takeholder. The Autin ytem wa initiated by a proce that allowed the public to have a legitimate eat at the table the POFG. That proce enjoyed public confidence and produced a legitimate compromie. The ytem wa then redeigned beyond recognition behind cloed door in meet-and-confer negotiation that excluded the public. The reulting civilian review failed to protect the public interet. A other civilian review procee around the nation have hown, the public interet hould not be feared but embraced. here the police allow the public to have a eriou role in the proce, trut and repect are built in a real way. The public trut the department becaue the department repect the public right to have a take in the ytem. Police officer who patrol the city in an environment of trut and repect can be confident that they have the upport of the community. Mutual trut and repect improve the work environment for officer, and allow officer to incerely improve their force. If the public i included in the four principle of trut, repect, cooperation, and communication, then the principle are real. A long a the CRP exclude and direpect the public interet, the principle are a fale illuion jut empty word on the page deigned to comfort the blind. ill Harrell i the executive director of the Texa ACLU. Ann del Llano and Scott Henon, from the ACLU of Texa Police Accountability Project, contributed to the article. FOR MOR INFORMATION ON THIS CHAPTR Proponent of the Autin Police Civilian Review Board can be located online at For a chronological newpaper account of the event in thi cae tudy, go to the Autin American Stateman at Tak force dicue authority over police, by Bib Banta, September 22, Police review plan take hape, by Jaon Spencer, November 18, Police overight group like San Joe model, by Jaon Spencer, December 21, Focu group to ugget hiring police auditor, by Jaon Spencer, January 11, Police overight group put together propoal, by Jaon Spencer, March 28, Citizen and police: The plan take hape, by Staff, May 22, Police plan a reult of trade-off, by Jaon Spencer, May 30, Police agree to new citizen panel, by Jonathan Oborne, February 9, Police contract face new hurdle, by Jonathan Oborne, February 14, Autin police tart voting on long-debated contract, by Jonathan Oborne, March 1, Police vote today, by Jonathan Oborne, March 7, Finding ome balance a police monitor, by Suan Smith, November 3, Police monitor finalit to face grilling, by Leah Quin, December 2, Monitor finalit get tate of job, by Stephen Schiebal, December 4, Public it out interview of police monitor, by Suan Smith, December 5, Manager leaving behind a city in economic and political flux, by Leah Quin, Stephen Scheibal and Kelly Daniel, January 9, Autin police union berate City Hall, by Jonathan Oborne, January 10, Battle at city ballot bottom, by Stephen Scheibal, February 25, Conteted reviion may kill new police overight ytem, by Jonathan Oborne, March 5, Side in police overight debate vie for public attention, by Alex Taylor, March 7,

125 Police Labor-Management Relation (Vol. I) Police monitor change rejected, by Stephen Scheibal, March 20, Police call became a tragedy that hould never have been, by Suan Smith, June 12, Tet for police monitor, by Staff, June 12, Union chief i back on beat, by Claire Oborn, June 22, Officer won t be charged in death, by Jonathan Oborne, June 27, Bringing police, community together, by Staff, July 8, Put difference aide and let police monitor do her job, by Staff, July 8, Police monitor ay he ready to erve, by Tony Plohetki, Augut 18, Police monitor log 168 complaint againt Autin police officer, by Tony Plohetki, October 5, Police panel hear concern about hooting, by Claire Oborn, October 8, Inquiry in police hooting advied, by Tony Plohetki, October 11, On chief five-year anniverary, police face high profile cae, by Tony Plohetki, October 13, Officer regret life lot but not hooting, by Tony Plohetki, October 17, Dalla firm hired for police inquiry, by Staff, November 8, Police monitor, union, city in tene marriage, by Staff, November 16, Police hooting inquiry i halted, by Tony Plohetki, November 27, Police monitor ay 1t year wa a ucce, depite early challenge, by Tony Plohetki, January 9, City get authority in police invetigation, by Tony Plohetki, March 27, Funeral roue grieving, inquirie, by rik Rodriguez, Steven Kreytakan and David Hafetz, June 19, Through invetigation needed to unveil truth behind police hooting, by Staff, June 21, FBI to look into fatal hooting from 2002, by Anita Powell, June 24, Police monitor quit for law job, by Monica Polanco, July 18, xit of police monitor provide a window for review, by Staff, July 20, Review panel hear man account of top by police, by Jennifer Barrio, Augut 5, Raie for fire, police in doubt, by Jonathan Oborne and Stephen Scheibal, Augut 15, Citizen panel eek review of profiling complaint, by rik Rodriguez, Augut 16, Autin deerve trong police monitor, review panel, by Staff, September 2, City report in King death kept ecret, by Tony Plohetki, September 19, Secrecy on report perplexe official, by Tony Plohetki, September 20, Public confidence erode a long a report kept ecret, by Staff, September 23, Secrecy a topic in police, city talk, by Tony Plohetki, September 24, Bet way to honor police officer: Releae invetigation report, by Staff, September 26, ven in tough budget time, it pay to wear the blue, by Rich Oppel, ditor, October 5, Council mull police contract, by Tony Plohetki, March 26, Reviewer upport officer in King cae, by Tony Plohetki, April 17, Increae ue of force training, Autin police urged, by Tony Plohetki, October 29, Unequal Force, by rik Rodriguez and Andy Alford, November 28, Police meage from club fire releaed, by Tony Plohetki, March 5, Knee: Communication vital after laying, by Tony Plohetki, June 15, Autin leader trut in chief, by Tony Plohetki, June 18, Autin white leader houldn t turn away from thi tragedy, by Alberta Phillip, June 25, Officer in Sophia King hooting will not face federal charge, by Tony Plohetki, July 29, Clergy call for more open Police Department, by Tony Plohetki, Augut 4, Autin police monitor reigning, by Tony Plohetki, Augut 11,

126 A Partnerhip to Implement Change in the Department atern Seaboard Chapter 14 A PARTNRSHIP AMONG TH STAMFORD, CONNCTICUT MAYOR, TH POLIC CHIF, AND TH POLIC ASSOCIATION TO IMPLMNT CHANG IN TH DPARTMNT Hitory of the Stamford Police Department The City of Stamford hired even patrolmen when the police department wa formed on May 7, Stamford had a growing population of 15,000. Today, the city ha a population of more than 120,000 in it 39 quare mile. The preent police department ha nearly 350 peronnel. Connecticut ha only five citie with a population of more than 100,000, and all but Stamford have been loing population for decade. The daily population expand another 30,000 to 40,000 people with commuter who work in Stamford. Many Fortune 500 corporation are headquartered in the city. The Stamford Police Aociation (SPA) wa incorporated in 1941 a a fraternal organization. It i the recognized bargaining unit for more than 300 current rank-and-file officer of the Stamford Police Department. The SPA alo repreent more than 200 retired member. hy wa Stamford Choen for the Cae Study? The project coordinator and adviory team member wanted to do a cae tudy on a northeatern city that had a long-term traditional police labor-management relationhip. Stamford i a progreive city with a diverified population. The new mayor wanted change in the police department and had hired a nontraditional police chief. The police aociation i politically active and a powerful force in the community. The Stamford Police Department wa elected becaue it appeared to have all four tier of a principled relationhip between management and labor. It wa recognized that the mayor of Stamford, the police chief, and the police union were making a concerted effort to develop a relationhip baed on communication, cooperation, repect, and trut. Thi relationhip ha reulted in the city ability to implement community policing program without the normal labor-management conflict. Management Perpective Dean erman wa the firt peron interviewed by the project coordinator. At the time of the interview, he had reigned a the Stamford police chief 4 month earlier to take a poition a executive managing director at Thacher Aociate, LLC, a New York City conulting firm. He ha ince reigned from Thacher Aociate and accepted the poition of chief of police in Providence, Rhode Iland. Chief erman believe he brought a new perpective to Stamford becaue he came from a nontraditional background for a chief of police. He had only 6 year of traditional law enforcement experience when Mayor Dannel P. Malloy appointed him chief of police. 105

127 Police Labor-Management Relation (Vol. I) Chief erman ha a bachelor degree from Dartmouth and a law degree from New York Univerity. He tarted hi career a an aitant ditrict attorney in Brooklyn, New York, and not a a police officer. In 1987, he wa appointed general counel to the New York Tranit Police (ince merged into the New York Police Department [NYPD]) and erved with illiam Bratton who wa then the tranit chief of police. Bratton later became police commiioner in Boton and New York City, and i preently the chief of police in Lo Angele. In 1991, New Haven, Connecticut elected it firt African-American mayor. The political campaign centered on the oaring crime rate in the city and poor police-community relation. The new chief forced out all of the major and commander and hired Dean erman a an aitant chief to manage the day-to-day operation of the department. The chief and erman hared a commitment to community policing. Since erman wa not a police officer, he had to attend the police academy. He believe hi time in New Haven, including the mitake he made, were an invaluable learning experience. The mayor wa reelected on a promie to continue community-oriented policing. erman witneed what could be accomplihed when he empowered police ditrict commander to get thing done, and if he brought the local community board member into the proce by having them hare the recognition of a afer community with the police ditrict commander. Dean erman left New Haven to become chief of police for the New York State Metropolitan Tranit Authority Metro North Railroad. In 1997, he wa opening a new railroad police ubtation when he met Stamford Mayor Dannel P. Malloy. Malloy and erman had been aitant ditrict attorney in Brooklyn but had never met. Malloy had campaigned a mayor in 1995 on a platform to bring community policing to Stamford. The mayor wa not atified with the performance of the police chief and recruited erman to take over. Mayor Malloy and erman became good friend and had a cloe working relationhip. It i Chief erman opinion that community policing program were originally driven by big-city mayor a a political iue identified by pollter. Thee mayor then wanted popular police chief to implement the community policing program, but the union were never aked to participate. The mayor and police chief went directly to the media, churche, civil libertie group, and the public, who aw themelve a dienfranchied, to market the new idea in policing. erman wa committed to including the rank-and-file officer and the union in the implementation of community policing in Stamford. The SPA i a very powerful police union, and the union had been at war off and on with the city for a number of year during contract negotiation. Chief erman tated that when he arrived in Stamford, he found the department operating a it had for many year. The department had failed at effectively implementing new community policing program. Previou chief had not participated in collective bargaining negotiation nor had they met with the union over iue prior to bargaining. Chief erman characterized himelf a a cop chief and wanted to heal the wound created between the union and previou chief. erman follow the advice of former NYPD Chief of Detective Al Seedman who tated, You cannot lead cop if you do not love them. Chief erman aid that Mayor Malloy gave him the leeway to make change and to work with the police union. He found that the department wa dipirited and leaderle. All police ervice wa delivered from police headquarter. He aw the department a having great player that had been without a coach for too many year. A the new chief, he wanted everyone empowered to make uggetion for change. He wanted the officer of all rank to get their heart back into the profeion. 106

128 A Partnerhip to Implement Change in the Department Stamford had been the cene of turbulent labor relation during the previou few contract. The union had erected billboard on Route 95 that tated, elcome to Dodge City. The union televiion commercial portrayed the city a ridden with crime. One of hi tak wa to get involved in collective bargaining negotiation. The chief wanted to hire more civilian for adminitrative tak at the department and to be able to bring in outide deputy chief if he felt it wa neceary. The union agreed, but erman decided to elect one captain and three lieutenant from SPD a the four new deputy chief. Chief erman made other deciion that fotered a better relationhip with the police union and the rankand-file officer. He purpoely did not hire conultant to tell him how to improve the department. One of the mitake he made in New Haven wa not earching out the leader in the department early enough. It wa evident to him that SPD 12 lieutenant were the potential leader in the department. He aked them to work overtime to rework the department. Regular taff meeting were tarted for the firt time in year, and every morning there wa a meeting that included the command taff and the union preident. Thee officer were left to figure how bet to police the city. Trut and repect came about becaue there were no ecret or urprie according to erman. Cooperation between police management and the union reulted in the partie iuing a joint tatement condemning racial profiling. The chief and the union held a joint pre conference on Martin Luther King, Jr. Day and the chief and union preident igned the reolution. The chief wanted the community to ee that police management and the police union had a joint reponibility to repreent and erve the community. He invited the union to participate in policy making. Although he left the department before he could ugget thi idea to the union, Chief erman felt that the union hould adminiter and be reponible for the Field Training Officer program. He believed that veteran officer are the artian who know bet how to train the apprentice recruit. He wanted the union to have ownerhip in the profeion. hat doe Chief erman ee a a major tumbling block for chief to implement the change he brought about at Stamford? He believe that traditional police chief give the union only token involvement in policy making, and many chief have a trong dilike for police union. It i Chief erman opinion that mot chief do not undertand the rank-and-file officer much le the police union. Chief erman ee many of the traditional police chief pending their career climbing the ladder. Their daily truggle i to keep their appointed poition a chief for long a they can. Thee chief ee the rank-and-file officer and the police union a a threat to the chief job ecurity. If the chief would develop a level of trut with the officer and union, they would be able to avoid many labor-management conflict. Finally, Chief erman ha a olution to the high turnover of police chief in the United State. The hort tenure of police chief create intability in the department and the community. The appointment of police chief will continue to be political in nature becaue chief will continue to be appointed by politician or city adminitrator appointed by politician. Many chief leave becaue the wage and benefit are not comparable to the private ector. Chief erman recommend that communitie approach the hiring and retention of police chief the way univeritie hire and retain profeor and coache. Mot public univeritie have created endowed chair funded by private donation. If citie recruited corporation to fund a foundation for the recruitment and retention of their police chief, the high turnover could be avoided in many communitie. 107

129 Police Labor-Management Relation (Vol. I) Mayor Perpective In 1995, Mayor Dannel P. Malloy wa elected on a platform to promote a afer city through community policing. The mayor admitted that labor-management relation between the city and police union were volatile and diruptive prior to Both ide were wrong in their approach to reolving iue. The union billboard, elcome to Dodge City hurt the city image. A police officer wa arreted and fired for haraing the mayor on the telephone. Malloy felt that the police department wa out of control and needed change. The mayor alo believed that many of the younger officer wanted to modernize the department. Mayor Malloy wanted to develop a relationhip baed on communication, cooperation, repect, and trut with the police union. He recognized that the mayor and the union would not alway agree, epecially over economic iue, but he felt the partie could agree to diagree without damaging their relationhip. hile mot police officer would not come directly to the mayor to dicu iue, he had an open-door policy. After the mayor wa reelected in 1997, he recruited Dean erman a the new police chief becaue he believed he wa the right peron for the job. Mayor Malloy wanted community policing to be a ucce, but he felt that 80 percent of the police force wa oppoed to change. Since erman wa a upporter of community policing, and he wa committed to working to build repect and trut with the rank-and-file officer, the mayor believed erman could change the department culture. The mayor gave the new chief the authority to make the neceary change. The mayor wanted a new philoophy, and not jut a new program. Stamford ha a 40-member board of repreentative. Mayor Malloy knew the new chief would quickly learn that politic i an important part of the proce in making change. Chief erman would be required to find way to give member of the board of repreentative ownerhip in community policing program in their ditrict. Mayor Malloy aw that change had to take place in mall tep that built trut and communication and that the chief had to create a climate for change in the department and the city. Mayor Malloy noted that Chief erman really love cop. He believed the chief wa genuinely intereted in what the police union had to contribute. The chief deciion to empower every officer to dicu iue opened the door to improving labor relation. The mayor wanted a chief who really undertood police officer. He needed a chief who could put the right officer in the right job. The mayor aw himelf a the cheerleader of the city, and the mayor needed a police chief who could peak poitively about the city. Mayor Malloy believe the ucce Chief erman had in Stamford wa directly related to the chief getting the officer to embrace community policing a a bae philoophy. Union Perpective Joe Kennedy i a ergeant with 20 year of ervice on the Stamford Police Department. He had been preident of the Stamford Police Aociation ince From the late 1980 until 1995, the union wa involved in almot contant labor turmoil with variou mayor and police chief. The union itelf uffered a high turnover in leaderhip. The union hired a political conultant during thi period to produce a public education campaign. The campaign wa negative at time and wa intended to embarra the mayor. The police union contract wa ettled in 1995, but the contract included conceion on ick leave and health inurance that the union believe till haunt it to thi day. 108

130 A Partnerhip to Implement Change in the Department In 1995, the union endored Dannel P. Malloy for mayor. The police union contract expired in June 1997, and the city and union were at impae when Mayor Malloy appointed Dean erman a chief in early Initially, the union and the new chief faced off over unettled contract iue. After the contract wa lated for arbitration, a ettlement wa reached. Chief erman wa able to reorganize the department into five patrol ditrict. ach ditrict would be upervied by a lieutenant, and the lieutenant would be allowed flex time to work the hour they felt were needed. The chief alo gained the authority to appointed deputy chief from outide the department. Thee were controverial iue for the union. The union believe it received poor raie in thi contract. The union did receive a holiday credit in penion that wa popular with the officer. The contract wa ratified by only 12 vote. Sergeant Kennedy recall two iue that caued the chief and the union to get into a conflict after the contract wa ettled. Firt, Chief erman had wanted to create a bike unit and the union oppoed it during contract talk. Later, the union approached the chief about agreeing to the bike unit if the chief would agree to eniority change. The chief refued to addre it. Second, Chief erman decided he would urvey the officer in the department about what they wanted on the job. In unionized police department, a trong union will generally oppoe uch a urvey becaue the union believe it undermine the union right to peak for the member. Three of the urvey quetion were iue the union felt were contractual concern. The union board of trutee felt the chief committed an unfair labor practice by going around the union. The union ent it member a memo adviing them to anwer the urvey except for the three contract quetion. Kennedy aid he and Chief erman had word and did not communicate for a month. After the urvey dipute ettled down, the union decided to work with the chief on the bike quad he wanted. hile the general memberhip did not feel trongly about the creation of a bike quad, the union wa authorized to work it out. In thi pirit of cooperation, the chief agreed to upport the union during contract negotiation on iue to improve the department. The union believe Chief erman kept hi word. During contract negotiation in 2001, the union aw the chief politicking the five police commiioner to educate them about the need to improve police pay, medical inurance, and the penion. The chief had committed to not bring a conceion lit to the bargaining table to avoid having hi wih lit bog down contract talk. ith the union having to negotiate only with the city over economic, it expedited bargaining. Mayor Malloy had hi budget and alary limitation, but the union appreciated Chief erman effort to ettle the contract. The level of trut, repect, cooperation, and communication greatly improved between the chief and the union after thi contract wa ettled. Sergeant Kennedy ay the chief knew the union wanted a better public image. Chief erman kept the union informed on all public event. The union and the chief appeared jointly at many community event like ribbon cutting and park opening to put a face on the officer. Thi joint cooperation ent a poitive meage to the community that the union and the chief wanted Stamford police officer to be een a caring about the community. The union knew the chief wanted change. The union upported the chief in increaing the number of ergeant and lieutenant. The union and chief agreed that many of the problem created on the treet could be reolved if adequate number of upervior were available to ait officer. Before Chief erman and the union tarted working together, the department upervior were overburdened and lacked authority to take reponibility for deciion. The union believe Chief erman gave upervior ownerhip in their profeion. 109

131 Police Labor-Management Relation (Vol. I) Communication between the chief and union helped develop mutual trut and repect. Chief erman committed to keeping the union informed of what wa happening in the department. Kennedy reported that he wa never blindided by the chief. The union wa never urpried by what happened at a taff meeting becaue the union wa alway invited to attend. Thi acce to policy making reduced rumor becaue the union alway knew firt hand what had occurred. Sergeant Kennedy aw the diadvantage and advantage of Chief erman having never erved a a patrolman. The diadvantage wa that Chief erman often went outide the chain of command and gave ome officer a dreing down when it wa actually the job of the officer upervior. He felt erman lacked the patience at time to deal with the political realitie of being chief of police. The chief Brooklyn proecutor attitude wa often brah and the chief hot from the hip with comment that often alienated politician. The advantage were that Chief erman wa quick to agree to common-ene change, like changing the tripe on the uniform, wearing baeball cap, and the wearing of overall on duty. The chief recognized immediately that overtime pay drive the department. Salarie for Stamford police are not ufficient to maintain a middle cla lifetyle becaue of the high cot of living in the city. Kennedy noted that the mayor and chief upported officer working off duty on road project where the utility companie paid the tab. The union and the mayor have a repectful relationhip. Sergeant Kennedy believe Mayor Malloy will work with the union on iue of mutual concern. The union ee the 40-member board of repreentative a too large and often lacking interet in the police department. The union i trying to develop better relation with the board of repreentative, and the union report that the board of trutee ha formed a ubcommittee to invetigate the problem with the police radio ytem. Principle Identified The mayor wa elected on a platform to implement community policing, and appointed a new police chief from outide the department who had never erved a a patrolman, and had only 6 year of traditional law enforcement experience a an aitant chief and chief. The mayor wanted change and felt he could not get it with a traditional chief. The mayor and chief develop a peronal friendhip and have great repect for each other. The mayor trut the chief to get the change needed through cooperation with the officer and the union. The new chief wa a brah and outpoken proponent of community policing and aw the department a needing change. He wa willing to puh and hove to empower the officer to re-create the department. The chief wa willing to liten to the real department leader and actually follow up on their idea. The chief did not want any ecret or urprie and he intentionally included the union in hi policy-making deciion. Hi ability to communicate with the officer raied their trut level in him a chief. The chief and the union found they could agree to diagree without being diagreeable. The union had been fighting with previou mayor and chief for more than a decade. The battle were hurting the morale and efficiency of the department and, in turn, the community wa not receiving the kind of police ervice it warranted. The union leaderhip wanted to change the department and improve it image in the community. The union finally found a chief who wa not encumbered with the old way of thinking. Thi allowed the union and the chief to make mutually agreeable change that went a long way toward improving the morale and efficiency of the department. The chief and the union worked together on iue and had repect for each other. 110

132 A Partnerhip to Implement Change in the Department Potcript: Dannel P. Malloy i till the mayor of Stamford. Michael Merenda i the new preident of the police aociation. After Chief Dean erman reigned to go into the private ector, the mayor appointed a veteran Stamford officer, Loui A. DeCarlo, a the new police chief. Interview The Honorable Dannel P. Malloy Mayor of the City of Stamford 10th Floor Government Center 888 ahington Boulevard Stamford, CT Telephone: Fax: mail: Baveni@ci.tamford.ct.u eb Page: Chief Loui A. DeCarlo Stamford Police Department 805 Bedford Street Stamford, CT Telephone: Fax: mail: Brickon@ci.tamford.ct.u eb Page: Colonel Dean M. erman Chief of Police Providence Police Department 25 Dorrance Street Providence, RI Telephone: , ext mail: deanmeerman@mn.com eb Page: Sergeant Joeph M. Kennedy Preident, Stamford Police Aociation 805 Bedford Street Stamford, CT Telephone: Fax: mail: pa805@aol.com eb Page: 111

133 Police Labor-Management Relation (Vol. I) FOR MOR INFORMATION ON THIS CHAPTR Related web ite about Dean erman: Dannel P. Malloy worn in for third term, Sky Arc New Releae. Dreed for Succe: Dean erman wa a hoo-in to become Stamford new police chief, but i he cut out for the job? by ric Friedman, Fairfield eekly, February 5, How to Decentralize Control and Get Police Officer to Love Their Job, by Dean erman, Amazon. Com. For chronological newpaper account on the event in thi cae tudy, go to thee web ite: Connecticut city adopt plan to end racial profiling, CNN.Com, February 20, Stamford may take tougher tance of profiling, The Hartford Courant, February 27, Conn. Town fight racial profiling on the treet and idewalk, ACLU New, February 27, archive.aclu.org. A LN Interview with Police Chief Dean erman of Stamford, Conn., Law nforcement New, Vol. XXVI, No. 530, March 31, Dometic Violence Recognized A Priority for Connecticut mployer and Communitie, Altria new releae, March 22, erman worn in a new Police Chief, ABC6.Com, January 14, New Providence Police Chief Dean erman peak to The Herald, by Akhay Krihnan, March 6, Cool Jutice: Cop ho Carry Contitution on the Beat, by Andy Thibault, Columnit, Law Tribune Newpaper, September 8, andythibault.com. Problem are local, Letter to ditor, The Advocate, September 25, Stamford Police Contract, PolicePay.Net, June 1, 2001 to June 30,

134 SCTION SIX: ON POLITICALLY STORMY ISSU: RACIAL PROFILING

135 Full Speed Ahead: Seizing the Initiative on Racial Profiling By Mark Alley, Chief of Police Laning (Michigan) Police Department Chapter 15 FULL SPD AHAD: SIZING TH INITIATIV ON RACIAL PROFILING hether mandated by law or initiated adminitratively, collecting demographic data on contact between the police and the public i treful on any law enforcement organization. A cooperative plan between labor and management i eential for a ucceful outcome. Contrary to popular belief, a police department not only can urvive demographic data collection, it can thrive under it. Dealing with the iue of racial profiling doe not need to be a craphoot. hile poitive reult cannot be guaranteed, the following do and don t will put your organization in the bet poition for ucce. In July 2000, the Laning (Michigan) Police Department (LPD) began an 8-month proce preparing for demographic data collection by police officer during traffic top. Thi proce included hiring two renowned conultant who helped the police department identify key iue, develop policy and procedure, and provide training on the iue of racial profiling. In February 2001, officer began to collect demographic data on their traffic top. To date, four 6-month analye have been conducted on the data. All analye concluded that there i no evidence to ugget any pattern of racial profiling by LPD officer. From our experience, we have identified eight tep that an organization hould follow to deal effectively with demographic data collection on traffic top. All of the upporting documentation for the Laning Model on Traffic Stop Data Collection can be viewed and downloaded from the official Laning Police Department web ite at com. Click Special ffort then click Profiling Project to review the Laning Police Department Policy Paper, Traffic Stop Procedure, all 6- Month Data Analye, 1-Year Data Analyi, and 2001 Citizen Satifaction Survey. Step 1: Recognize That Profiling Occur and I a Societal Problem Race i jut one of many factor we ue to make initial judgment about people. Gender, ethnicity, height, weight, dre, perceived economic tatu, expreion, voice tone, and poture are other factor we ue to make plit-econd judgment. People in ale try very hard to look, ound, and act like the trutworthy peron with whom you would like to do buine. They are not only elling their product, they are elling themelve. In law enforcement there are appropriate ituation in which to ue race and other demographic factor to identify criminal. Putting together partial decription of people involved in criminal activity that involve race, gender, age, height, and weight ha been a cornertone in invetigative follow-up. Uing thee demographic factor alone a a profile without the upporting crime analyi to identify criminal activity i uncontitutional. It i an unfortunate reality that thi kind of deciion making can and doe occur in our ociety, even in law enforcement. 115

136 Police Labor-Management Relation (Vol. I) See The paper i available on the Laning Police web ite at com, under the menu item Special Project followed by Profiling Project. Step 2: Recognize that Law nforcement Repreent veryone in the Community The vat majority of citizen upport the police. The police have a ocial contract wherein they garner their power from the people. Law enforcement i charged with keeping the peace, enforcing law, and helping to olve problem to improve the quality of life. veryone want to be treated fairly. They do not want to be treated differently baed on how they look. Unfortunately, a majority of the people in America believe that law enforcement officer are involved in racial profiling. In a 2001 Gallup poll, 83 percent of Black and 55 percent of hite believed that racial profiling wa widepread in law enforcement. Unfortunately, the gap between Black and hite of perceived fair treatment by law enforcement ha worened ince the 1999 poll where Black reported ignificantly higher fair treatment. Our ocial contract obligate law enforcement to treat people fairly and to demontrate to the bet of it ability that people are treated fairly. A in o many ituation, perception i a important a reality. Having thi negative perception hanging over law enforcement erode public confidence and decreae employee morale. The ability to defend the organization with data i the mot effective way to deal with the iue. If data indicate that inappropriate profiling i occurring, the organization i in a poition to identify the cope of the problem and take appropriate meaure to correct it. ither way, data collection move the iue away from conjecture and into reality. Step 3: Aemble an Adviory Team For a traffic-top demographic data collection to be ucceful it i critical that all the takeholder are repreented early in the proce. Ideally, an adviory team coniting of union leaderhip, management, and civic leader hould guide the proce. Becaue of the delicate nature of thi topic, we highly recommend hiring an outide conultant to overee the project. The project will require community input, policy development, training, and data analyi; therefore, it i critical to have a repected third-party conultant who can provide thee ervice. The topic of racial profiling i an emotional one for many people. At leat to ome degree, it i critical that the member of the adviory team can find agreement on the iue lited in Step 1 and 2. Recognizing that profiling i a natural occurrence in human being and that there are race relation iue in our country are concept that few people will dipute. The degree to which inappropriate demographic profiling occur in any police agency i purely ubjective without any objective data available to make concluion. A uch, each adviory team member will have hi or her peronal feeling on the degree that thi i an iue at any pecific agency. Step 4: Obtain Input from the Organization and Citizenry In Laning, we hired Dr. David Carter of Michigan State Univerity and Dr. Andra Katz-Banniter of ichita State Univerity to act a the project coordinator. e organized a erie of meeting with officer and community member to get their input and concern about the iue. The conultant wrote a policy paper anwering the concern and giving direction to the organization. 116 The conultant met with approximately 30 police officer and 60 community member. In ummary, the officer tated that they did not racially profile minoritie. The officer felt that they are jut trying to do their job and they reented the fact that they were being accued of being biaed. The majority of the community member felt that officer regularly racially profiled minoritie. Some citizen tated that they

137 Full Speed Ahead: Seizing the Initiative on Racial Profiling feared for their children afety at the hand of the police if they were to drive after dark. Many of the citizen complained that officer would refue to tell them why they were topped, which led them to feel violated. It became abundantly clear that there wa a lack of communication between ome officer and citizen during traffic top. Step 5: Develop the Data-Collection Method and Traffic-Stop Procedure The adviory team decided to focu the demographic data collection on traffic top and not on other form of police encounter. There were two reaon for thi. Firt, it wa important to limit the amount of time an officer pent collecting the data. Since officer have a finite amount of time to do their job, it made good managerial ene to gather enough data to look at the iue while not tying up the officer with unneeded paper work. Second, the iue of racial profiling ha been viewed nationally a a traffic-top iue. The adviory team determined that a traffic top i the mot dicretionary activity an officer perform. If an officer i making inappropriate judgment about people during a traffic top, it i likely that he or he i making the ame inappropriate judgment during other job function. Likewie, if an officer i making unbiaed judgment about people in traffic top, it i likely that he or he i doing the ame during other dutie. The procedure i available at www. laningpolice.com under the menu item of Special Project followed by Profiling Project then Traffic Stop Data Collection. The adviory team alo decided that officer would not ak the topped peron clarifying quetion about hi or her demographic data primarily becaue it would offend many people. In addition, the iue at hand i the officer perception. A long a the officer make a good-faith effort to complete the form to the bet of hi or her ability, it will be a moot iue. One iue that the adviory team debated wa whether the officer hould record the demographic data that he or he perceive the driver to be before making face-to-face contact. It i true that many time an officer will not know the race or gender of the peron he or he i topping before the top i made. The problem with the pre-top demographic identification method i that the officer i interjecting the variable of race and gender into the deciion to make the traffic top. Thi i exactly what we are trying to prevent. e want officer to make deciion baed on a peron behavior, not on appearance. Demographic data were not gathered on paenger for many of the ame reaon that data are being collected only on traffic top. The adviory team looked at the cot veru the benefit of requiring officer to gather thee additional data and decided that the additional information would not enhance the project ubtantially. Gathering the additional data would add undue time to the traffic top and unneeded paperwork for the officer. The quality and quantity of the data analyi that wa completed at the 6-month and 1-year report confirmed thi deciion. The team developed a 15-quetion form for gathering demographic data from a driver during the traffic top. The one-page bubble form i lightly maller than a traffic ticket. It take an officer approximately 30 econd to complete. Not only doe the form gather demographic data about the driver, it alo record the reaon for the top, outcome of the top, whether a earch wa conducted, the legal authority of the earch, and the outcome of the earch. The officer upervior review and initial the form at the end of the hift, and the form are canned and the data are tored for analyi. 117

138 Police Labor-Management Relation (Vol. I) Ibid The urvey i available on the Laning Police web ite at com, under the menu item Special Project followed by Profiling Project then 2001 Traffic nforcement Citizen Survey. The paper i available on the Laning Police web ite at com, under the menu item Special Project followed by Profiling Project then Profiling Policy Paper, figure #1, by Dr. David Carter and Dr. Andra Katz- Banniter. Ibid, Traffic Stop One Year Analyi, pg. 6 The team alo developed a procedure for collecting demographic data during a traffic top. It wa clear in community meeting that people were diatified when they were not told why they were topped. Unle there are extenuating circumtance, the procedure require officer to introduce themelve and immediately advie the peron of why he or he wa topped. Thi fact alone ha increaed public confidence during traffic-top encounter. Six month after implementing thi new procedure, we replicated a citizen urvey conducted in 1999 of citizen who received traffic citation. In the 1999 urvey, 60.5 percent of citizen reported they were very atified or atified with their encounter with the police officer during a traffic top. In 2001, 72.6 percent of repondent reported they were very atified or atified. Increae in atifaction level appeared acro all ethnic group. Step 6: Train the Officer and the Community Training i one of the mot critical tep in the proce and eaily the mot overlooked. Organization need to put themelve in the bet poition to ucceed. To do thi, officer needed to undertand what racial profiling i and how to perform legal and ethical traffic top. Having conitent guideline for officer to follow in making traffic top increae the public confidence in the organization. The following i a uggeted outline to follow in a training eion: 1. Define racial profiling. 2. Define Pretext Stop and aociated cae law. 3. Define a Terry Stop and aociated cae law. 4. Review Fourth Amendment earch warrant requirement. 5. Decribe the continuum of racial profiling. 6. Illutrate public concern over racial profiling uing Gallup poll. 7. Identify racial profiling a a national iue. 8. Dicu the hitory of profiling. 9. Dicu uing crime analyi information about race along with other phyical factor to identify upect in crime. 10. Dicu how the demographic data will be gathered and analyzed. 11. Train officer in the procedure they are to follow when conducting a traffic top. Officer will be uneay about how the data analyi will affect them. They will be concerned that they will be unjutly labeled a a racial profiler with their name and picture plahed in the media. For the mot part, thee concern are valid. The analyi of the data i problematic becaue it i almot impoible to determine the demographic of the driving population at any given time or place. Dr. Carter noted in the 1-year data analyi report that there i no univeral tandard of comparion. A concluive judgment cannot be made about an officer motivation imply by looking at hi or her tatitical behavior. Rather, the data erve a a barometer to ugget if there are policie or practice which hould be examined more cloely to enure that there i no dicrimination. Becaue of the obtacle aociated with individual analyi of the data, the data hould be analyzed for the organization a a whole. If officer are making traffic top baed on behavior and not conidering what people look like when making their deciion on whom to top, there i a good chance that the percentage of traffic top will be imilar to the demographic of the community. To increae the odd 118

139 Full Speed Ahead: Seizing the Initiative on Racial Profiling of thi happening, an emphai hould be placed on enforcing moving traffic violation, epecially thoe violation that promote traffic accident. By having officer concentrate on enforcing peeding violation and topping driver who diobey traffic-control device, a much more repreentative portion of the population will be topped. In general, pretext top lend themelve to inappropriate ue of demographic factor when deciding whom to top. The training hould alo inform officer of the demographic make-up of their juridiction. Officer who work in demographically divere area will tend to overetimate the percentage of minority driver in their aigned area during their hift. For intance, the Black population of Laning, Michigan, i approximately 22 percent. ith ome exception, the Black population i pread fairly evenly acro the city. I have heard numerou officer working the afternoon and night hift tate that they etimate the number of Black driver in their area a 60 to 80 percent. Becaue Laning i urrounded by uburb, which are motly hite, it i literally impoible for any area in Laning to be 60 to 80 percent Black. Uing 2000 cenu data, a racial breakdown of the reident population wa done for each of the 18 patrol area in the city of Laning. Officer tended to be urpried by how much they over-etimated the minority population in their patrol area. Thi i not to ay that the officer are racit. A diproportionately high number of call for ervice tend to be at lower income reidence, and unfortunately thi can have a diproportionate impact on minoritie. Therefore, the officer perceive that their patrol area ha a higher percentage of minoritie becaue that i what they ee. Converely, the driving population i much more reflective of the cenu demographic than the call for ervice. Once again, it i important that officer recognize how their ubconciou can affect their deciion making. After training the officer, the ame training hould be made available to anyone in the community who want it, including the media. Thi i an opportunity to educate the public on iue involved in racial profiling and exhibit the organization thoughtful proactive approach to dealing with the ame. No matter how the data come out people will be inclined to accept that the organization i working toward dealing with thi difficult ocietal iue. Step 7: Gather and Analyze the Data It i cutomary to ee a decline in traffic enforcement immediately after intituting a data-collection intrument. The daily review of the data-collection intrument by firt-line uperviion i critical to deal with iue of productivity. Mot officer will follow the procedure and collect the data to the bet of their abilitie. Some peronnel will complete every form a either other or not apparent in term of race. Iue like thee need to be dealt with wiftly by management and labor leader. The only thing wore than having a diproportionate number of any pecific group topped or earched i lying on the data-collection intrument. To ue an age-old analogy, it i the difference between a car crah and a plane crah: you can urvive the car crah. Having a third party profeionally analyze the data i critical. Becaue there will be variation over time, we uggeted collecting a minimum of 6 month of data before any analyi take place. The more data that are collected, the le likely anomalie will affect the outcome. Another poitive apect about having a third party analyze the data i that it take away many of the quetion about improper manipulation of the data. The analyzed data hould be put in a report form that i eaily read by anyone. 119

140 Police Labor-Management Relation (Vol. I) Step 8: Dieminate the Data Analyi Report Many people and organization will be intereted in the data analyi report; therefore, it i important that a number of people are able to explain the proce that the organization went through and the reult of the data. The adviory team can work in thi capacity. Once the team ha dicued the reult, the report hould be dieminated to the officer, elected official, and people who have followed the proce cloely. Member of the local Department of Civil Right, NAACP, and American Civil Libertie Union hould be given the report and an executive ummary on the ame day or jut before the report i releaed to the media and general public. It i likely that the media will contact member of the aforementioned group for comment and it put the organization in the bet poition to control the tory if a meeting take place before media contact occur. A noted in the opening of thi chapter, the LPD ha had four ucceful traffic-top data-collection analyi report to date. The credit for thi lie quarely on the dedicated men and women working uniformed patrol in the LPD. It i their deciion making and profeionalim that have been analyzed and evaluated. A chief of police, I could not be more proud of them. Upon reflection, I am happy that I attended every training eion for the officer and public for thi project. At time it wa uncomfortable, but I believe it wa important for the officer and citizen to ee my peronal dedication to thi project. I would encourage any other chief to do the ame. In hindight, I underetimated the preure that wa being put on the union repreentative by the rankand-file. I hould have pent more time with my union leader during thi proce to get a better ene of the concern they were hearing. ven though I pent hour attending hift briefing dicuing the project and where it wa headed, the union leaderhip wa taking the brunt of contentiou uncertainty. I would recommend haring a much information a poible with officer throughout the proce to leen the fear of the unknown. 120

141 The ACLU on Racial Profiling Chapter 16 By ill Harrell, xecutive Director The American Civil Libertie Union of Texa Qui Cutodiet Ipo Cutode? TH ACLU ON RACIAL PROFILING If you are a young African-American male in Texa, three thing are certain: you will die, you mut pay taxe, and you will be racially profiled. Repreentative Senfronia Thompon Texa Houe Floor Speech on Senate Bill (SB) 1074 April 2001 Racial profiling i wrong and we will end it in America Preident George. Buh State of the Union Addre February 2001 The American Civil Libertie Union (ACLU) i a national organization dedicated to the advancement of civil right and to the protection of civil liberty for all people, including police officer. e make ue of graroot mobilization, the court, the legilature, and the media to achieve thi goal. Contrary to the concerted miinformation campaign of certain law enforcement union leader, the ALCU i not anticop. e are only antibad cop. Qui cutodiet ipo cutode? tranlate roughly to who will watch the watchman? Thi i an age-old quetion. Hitory how that the police are neither willing nor capable of policing themelve. That i why the ACLU init on the enactment of meaure by which the citizenry can watch thoe who watch u. In the 77th Legilative Seion, the ACLU of Texa, joined by the Texa League of Latin American Citizen (LULAC), the Texa branche of the National Aociation for the Advancement of Colored People (NAACP), and other, puhed to paage a comprehenive, and in ome ene, a model racial profiling tatute. Full implementation of thi tatute ha encountered ome obtacle, but in general, it ha uhered in the ucceful beginning of police behavioral reform. A Collective Call for Racial Profiling Data Collection The perception that ome officer are engaging in racial profiling ha created a very real reentment and ditrut of the police in communitie of color. Thi i a eriou public afety concern becaue effective policing will be achieved only when citizen believe that the police protect their afety and property a well a their civil right. hen law enforcement practice are perceived a racially biaed, unfair, or direpectful, communitie of color are le willing to trut and confide in police officer, to report crime that come to their attention, to participate in police problem-olving activitie, to be witnee at trial, or to erve on jurie. 121

142 Police Labor-Management Relation (Vol. I) According to a 2000 Gallup Poll, more than half of repondent believed that racial profiling wa widepread and 81 percent diapproved of the practice. And when broken down by the race of repondent, that rate i much higher: 77 percent of African-American believed racial profiling wa common practice. More than half of African-American men between the age of 18 and 34 believed they peronally had been victim of racial profiling. Hence, approval rating of the police in communitie of color i half that of white communitie. Anecdotal evidence of racial profiling abound. At the ACLU of Texa, we regularly receive uch complaint. Racial profiling ha been part of the national public dicoure for everal year, plattering the front page of newpaper around the nation, and it ha become more than a ound bite on televiion new program. The Oxford American Dictionary actually now define DB a driving while black or brown. ACLU detractor like Heather MacDonald overetimate u. (Heather MacDonald i the author of book, Are Cop Racit? How the ar Againt the Police Harm Black American.) The ACLU did not invent the notion of racial profiling. That racial profiling i a widepread practice and that it i immoral i a well-known fact in communitie of color. Contrary to what Ron DeLord (preident of the Combined Law enforcement Aociation of Texa) like to propagate, the ACLU doe not purue police accountability a a memberhip drive gimmick. Rather, we are imply reponding to the plea of people who fall prey to police tactic that defy contitutional norm of racial equality. The Texa Statute It i againt thi backdrop that the Texa Legilature paed SB 1074 ponored by Senator Royce et (D-Dalla). Repreentative Senfronia Thompon (D-Houton) ponored the Houe verion. hile the key ponor were both African-American Democrat, the bill had bipartian upport. In fact, one of the Houe coponor wa Repreentative Terry Keel who i a Republican, a former heriff, and a former aitant ditrict attorney in Travi County. The bill paed 28 2 in the Texa Senate, with 13 of 15 Republican voting for it. That racial profiling legilation i a Democrat agenda i an erroneou myth. To the contrary, the Democrat in Texa are often an obtacle to police reform becaue many are beholden to law enforcement union in a way Republican are not. Alo, they have a greater fear of being labeled oft on crime. Republican in ditrict with ubtantial minority population feel the need to upport racial profiling legilation to bridge gap with that contituency. The Texa racial profiling tatute paed overwhelmingly. In ome way it i a model tatute. But there are hortcoming, which like all legilation, i the product of compromie. Perhap the mot ignificant apect of the Texa tatute i it definition of racial profiling. According to the tatute, racial profiling i law enforcement-initiated action baed on an individual race, ethnicity, or national origin rather than on the individual behavior or on information identifying the individual a having engaged in criminal activity. Thi definition effectively bar pretext top. Another important apect of the Texa legilation i that reporting i local, rather than to ome central bureaucracy in the tate capital. All politic are eentially local. The Texa tatute require police agencie to report to their local governing body (i.e., city council or county commiioner). If a local community i diatified with what the report reflect, they can advocate for reform at their local government. Local government, in turn, can attempt to influence the heriff or chief with the power of the pure or otherwie. Citizen can influence a heriff at the ballot box. 122

143 The ACLU on Racial Profiling The tatute require each law enforcement agency in Texa to create it own detailed, written racial-profiling policy, which clearly define racial profiling conitent with the tatutory definition and prohibit the ame. The policy mut require training provided a a requirement of continued licening by the Texa Commiion on Law nforcement Standard and ducation, the tate licening board for law enforcement officer, which i charged with the tak of creating an appropriate curriculum. The tatute alo require that each agency etablih a diciplinary regime for incident of racial profiling. ach agency mut alo broadly dieminate information to the community about the exitence of the racial profiling prohibition and information about how individual can file a complaint. The tatute alo require data collection, which i an eential component of monitoring and preventing racial profiling practice. ach agency mut report the data and analyi to it local governing body annually. Thi apect of the tatute ha two phae. In Phae I, beginning January 1, 2002, data mut be collected only on top in which a citation wa iued or an arret made. In Phae II, beginning January 1, 2003, police officer mut collect information on every top, regardle of whether a ticket wa iued. Phae I data collection require the following: The race/ethnicity of the individual hether a earch wa conducted hether the officer had voluntarily conent for the earch hether an arret reulted from the top. Phae II data collection require the following: The peron gender and race/ethnicity The traffic law or ordinance alleged to have been violated hether a earch wa conducted hether or not conent wa given for the earch hether contraband wa found during the earch and the type of contraband hether probable caue exited to conduct a earch The pecific fact upporting probable caue hether an arret wa made, a citation iued, or a warning iued A tatement or decription of the offene charged, citation iued, or warning The addre or approximate location of the top. The ACLU and our coalition partner were mot intereted in the o-called Phae II data from the beginning but accepted the two-phae model puruant to good faith negotiation. hat data could be more telling than that which reveal a racial diparity on occaion where an officer top a driver or pedetrian, earche the peron, and then releae him or her, unable to write up a citation? Chief Mark Alley of Laning, Michigan i correct in aying that that collecting paenger and pedetrian data would be more cotly (ee Chapter 15). But the cot would be far outweighed by the benefit of that data. Cleanup legilation propoed in the 79th Texa Legilature (2005) would have collaped Tier 1 and Tier 2 data into a ingle et of data-collection requirement that would apply to all agencie, and centralize reporting at a tate-run repoitory. Police union and ome police department oppoed that legilation, preferring the tatute, apparently, a it wa originally drafted. 123

144 Police Labor-Management Relation (Vol. I) The Fair Road Standard can be found at www. criminaljuticecoalition. org. The mot complicated apect of the 2001 law pertain to certain option that department have regarding audio and viual equipment. Regardle of whether it applie for tate fund, a part of it mandatory creation of racial profiling policie, each agency i required to examine the feaibility of intalling video camera and tranmitter-activated equipment in each vehicle and/or motorcycle regularly ued in traffic top. The law provide for the Department of Public Safety to give funding and/or equipment to department in need. The law weaket apect i a loophole that could allow local department acting in bad faith to neither intall camera nor implement Phae II data gathering. Remarkably, depite thi loophole, everal department began collecting Phae II data even before the tatutory deadline. Another weakne in the law i that it doe not pecify how department are to analyze the data. There ha been coniderable debate about what i the mot appropriate baeline to ue. Anticipating confuion and inconitency, the ACLU and the Texa Criminal Jutice Reform Coalition (TCJRC) ponored a eminar with the Law nforcement Management Intitute of Texa (LMIT) to addre thi concern. Repreentative from more than 200 local law enforcement agencie attended. The ACLU and it coalition partner devied and promulgated the Fair Road Standard. hile imperfect, we believe it i the mot accurate and manageable method available to agencie with inufficient reource to conduct road urvey. The Fair Road Standard compare top total to a baeline derived from vehicle availability data in the Cenu. That data meaure the extent to which different demographic group have acce to car. Vehicle availability data are mot appropriate a a baeline becaue the data are eaily acceible and addre gap other baeline create. The ACLU and our partner initially ought a tatute with more teeth. e hoped it would include criminal penaltie for officer who engage in racial profiling. e would have liked to ee a requirement that any evidence obtained a a reult of racial profiling be uppreed in criminal proceeding, and a proviion tating that no aet eized puruant to a racial profiling incident i ubject to civil forfeiture. But we feel atified that thi tatute, though compromied, i a poitive firt tep along the long road to eradicating racial profiling. arly Stage of Implementation Any law that goe unimplemented i not worth the paper on which it i written; however, no new ignificant mandate like a racial profiling tatute will be fully implemented overnight. In the ummer of 2001, the ACLU, with the TCJRC produced and ditributed Racial Profiling: hat You and Your Community Need to Know, a comprehenive manual on the new racial profiling law and how local activit can monitor the implementation at the local level. In January 2003, we publihed a ubequent implementation report, Prohibiting Racial Profiling: An Analyi of Local Implementation. e reviewed 271 racial profiling policie from Texa heriff and police department for compliance with the requirement of SB The report wa releaed to the media a day before a Senate Juriprudence Committee wa cheduled to review SB 1074 implementation. The timeline and quality of the report favorably poitioned civil right advocate to puh for greater review and overight of SB 1074 by the Senate Committee. Thi report ha been ued by activit and civil right leader acro the tate to help determine the quality of local SB 1074 implementation. A a reult of the TCJRC/ACLU report, more than 12 policie have been changed and modified acro Texa. 124

145 The ACLU on Racial Profiling In addition to the implementation report, the coalition ditributed thouand of racial profiling brochure (a well a ACLU but card ) in Spanih and nglih all over the tate. e have alo conducted preentation on racial profiling in all the major Texa citie. On March 1, 2003, the firt racial profiling data-collection report were due to local city council and county commiioner a required under SB 1074, and we wanted to be prepared. That why, in October 2001, we began to convene a more formal working group to develop a pecific trategy to repond to thi new development. The working group conit of repreentative from LULAC, NAACP, and the ACLU. e knew that ome police department would kew the analyi to hide ign of racially biaed police practice. Aware of thi, we knew we would have to promote our own baeline or tandard for analyi among the public, community leader, and in the media. After coniderable reearch, we found that there i no clear national conenu among law enforcement, academic, or civil right group on a method for analyzing racial profiling data. There i no agreed-on baeline to compare data to etablih the prevalence of racial profiling. During our reearch we alo dicovered that LMIT, a tate-funded training facility, wa ending a profeor around the tate encouraging police department to ue a baeline, which collape white and Latino together making racial comparion impoible. SB 1074, Article 2.132, an of the Texa Code of Criminal Procedure. Upon review of the available option, our working group developed a tandard we upport called the Fair Road Standard. At the end of December, we mailed a letter to all Texa police chief and heriff informing them of our tandard, why it the bet available, and how to ue it. Judging from the poitive repone we received in January 2002 after ending around a imilar model policy, we expect a ignificant number of department to adopt our recommendation. To upplement thi effort we organized a public forum to debate method of racial profiling data collection, data auditing, analyi, and police repone called Sympoium on Data Collection, Analyi and Policy Repone held at the Univerity of Texa (UT) at Autin on Friday, January 31, e have already garnered the financial upport and coponorhip from ACLU, LULAC, LMIT, and the UT Department of African and African-American Studie. Thi wa a groundbreaking ympoium where national expert, academic, Texa police executive, legilator, and community leader gathered to dicu the practical implementation of racial profiling data collection and monitoring. The law require each police department in Texa to report annual figure of whom they top and earch to their local city council and county commiioner court who are uppoed to review and monitor thi information for racial profiling practice. The firt year of data wa releaed on March 1, Thi wa intentionally done o that local governing bodie will be reponible for taking action on racial profiling a oppoed to ome ditant and poibly vacuou tatewide agency. Thi allow local community member to put preure on the deciion maker to whom they have mot acce: local official. Thi method of accountability and enforcement at the local level ha ome ignificant drawback. It require local communitie to acquire the ability to analyze and make ene of the figure and number that the police preent. Often, thi i a tall order for the mother and father who lead the community organization and neighborhood aociation mot vocal about racial dicrimination in local policing. 125

146 Police Labor-Management Relation (Vol. I) To meet thi local need, a well a to provide a tatewide comparative analyi that miing in Texa law, in February 2004 and 2005 the Texa Criminal Jutice Coalition publihed an analyi of local police department top-and-earch rate. e reviewed report from more than 1,000 law enforcement agencie in Texa the larget collection of racial profiling data anywhere covering million of traffic top. Thi allow local activit to gain a bird -eye view of how their local police are uing race in enforcement. They can then ue thi information to confront city official and law enforcement and demand change. The ACLU and our partner did not eek to pa the racial profiling tatute for ymbolic purpoe. e identified a problem and created a tool for reform. e know racial profiling i a problem that exit. Any manager know that to manage a problem, he or he mut meaure it. Thi tatute provide police manager with a mean to meaure. e fully anticipated that the data from the firt round of reporting would illutrate the problem. But the objective i to ee the number change over time for the better for manager to manage the problem. The initial data demontrated that not all Texa department engage in racial profiling. In ome agencie minoritie are routinely diproportionately topped, while in other officer gave ticket at roughly the rate at which minoritie in the juridiction have acce to vehicle. Similarly, data on conent earche, where an officer ak permiion to earch a car without probable caue, how that ome department are much more likely to earch minoritie than white, while other behave much more reponibly. No Battle Stay on Police department around the tate are becoming accutomed to the proce of data collection and reporting. Officer are adjuting to the proce of obtaining the required information. Communitie are comforted by thi development. Yet opponent of antiprofiling meaure ugget two idea that are inconitent with each other: 1) police do not engage in racial profiling, but 2) when they do, it jutified. Neither idea ha merit. In January 2001, Senator Royce et, the author of the Texa racial profiling tatute convened a meeting of everal police repreentative and civil right group. He tarted the meeting by aking if anyone in the room wa prepared to argue that racial profiling doe not exit and i not wrong. Not a ingle officer raied hi hand not even Ron DeLord. hen I addreed the National Coalition of Public Safety Officer (NCPSO) in 2002, I poited the ame quetion. The ilence wa deafening. The next year at the NCPSO convention in San Diego, the officer in attendance eemed more hotile to the notion, marking a hift in attitude. The ACLU and our coalition partner will reit uch effort to roll back the racial profiling clock. If they continue to arie, communitie of color will inevitably recoil from any attempted engagement with the police. Thi will uher in eriou public afety iue. It i in the bet interet of law enforcement to carry forward with the racial profiling data collection trend. To do otherwie would end the wrong ignal to the public. If the data illutrate that racial profiling i not a pronounced a the ubjective, anecdotal information currently indicate, the police will be uplifted in the eye of the citizenry. If the data illutrate that there i a problem and the police leaderhip take tep to remedy that problem, relation with the public will be enhanced. Simply by making the effort to addre the concern of the community regarding a perceived problem of racial profiling elevate community-police relation. It i a win-win cenario for police agencie. ill Harrell i the executive director of the ACLU of Texa. Scott Henon, director of the ACLU of Texa Police Accountability Project, and va Dee Owen, coordinator of the Texa Criminal Jutice Reform Coalition, contributed to thi article. 126

147 PART THR: Bridging the Difference

148 Bridging the Difference BRIDGING TH DIFFRNCS Part III i the picture of law enforcement union-management relation that ugget a relationhip that i often uboptimal at bet, and dyfunctional at wort. The phere of influence (decribed in Chapter 1) affected by, and able to affect, law enforcement effort are powerful force with common and conflicting interet. ach puhe and pull in way that can hinder the effectivene and threaten the tability of the union-management relationhip. Conequently, managing change and even maintaining the tatu quo can be a challenge for adminitration and union alike. Section 7, called Staying on Coure, offer idea on how law enforcement union and adminitrator can work more effectively together to olve problem, plan new initiative, and manage change procee that they deem neceary for their department and their communitie. The difference between union and management can be reduced through purpoe and will, when helped along by attention to the idea provided in thi ection. Chapter 17 outline a number of uggetion about pecific thing that chief, heriff, and union leader can do to create and maintain a climate that upport more effective union-management interaction. Thi, in turn, can lead to more productive day-to-day operation a well a more widely accepted and enduring organizational change. Chapter 18 feature a nationally recognized political and media conultant taking a candid look at the media and the influence it ha over public opinion while offering uggetion about how department and union can work with the media to advance their organizational goal during a crii. Chapter 19 i a reflection by the author on what management and union in law enforcement intentionally and unintentionally do to limit trut, build hotility, reduce undertanding, and undermine their relationhip. The underlying theme i that mot of thee thing are preventable. Chapter 20 offer thought on how a union and police adminitration can develop a hared viion of a afer community, which i the key interet that both hare. 129

149 SCTION SVN: STAYING ON COURS: BUILDING FFCTIV POLIC LABOR-MANAGMNT

150 Joint Labor-Management cooperation to Implement Community Policing Running Under Full Sail Chapter 17 JOINT LABOR-MANAGMNT COOPRATION TO IMPLMNT COMMUNITY POLICING: TAKING POLIC UNION-MANAGMNT RLATIONS AND COMMUNITY POLICING PRACTICS TO TH NXT LVL By Dr. Michael Polzin School of Labor and Indutrial Relation Michigan State Univerity Introduction The implementation of community policing trategie i eentially a proce of organizational change. The precription for community policing may vary from location to location, but the ame internal iue urround every attempt at change. ach of the department internal ytem, uch a cheduling, information haring, and problem olving, will need to be reviewed to enure that they are aligned to upport the change, outcome, and behavior deired. Some of the ytem will fall into the domain often referenced in collective bargaining agreement a management right and are permiible ubject of bargaining, although police chief and heriff may be reluctant to embrace the involvement of union leaderhip in thi tak. In a unionized agency, however, a joint labor-management approach can make the difference between marginal, epiodic, and wide-cale utained ucce. Unretrained acceptance of, and active commitment to, community policing by thoe called on to carry out the change require the active participation of their elected repreentative and mechanim for harneing the collective expertie and experience of patrol and midlevel command peronnel. There i nothing new about thee concept. A early a the 1930, Joeph Scanlon introduced cooperative labor-management procee to uccefully revive a failing teel mill. Since then, tudy after tudy ha hown that when employee participate in planning workplace change, their acceptance of the change increae ignificantly a doe their performance. Many public- and private-ector organization make good ue of thee finding and create a variety of labor-management initiative ranging from imply improving the effectivene of their relation, to engaging in interet-baed bargaining, to redeigning entire work ytem. Law enforcement agencie, however, are low to take advantage of the leon learned by many practitioner and reearcher that applying a genuine joint labor-management approach in a unionized organization can help to improve the effectivene of the change. 133

151 Police Labor-Management Relation (Vol. I) The nvironment for Joint Labor-Management Change Not a unique a one might think hen aeing what it will take for them to achieve the change that they deire, many organization believe that the iue and concern that they face are unique to them. Law enforcement agencie are no exception. It i true that each organization ha certain attribute that make it unique, yet it i alo the cae that the problem encountered by one organization often look a lot like the problem encountered by many other organization. Thi goe for law enforcement agencie a well: for example, procedure may be unwritten, poorly written, or outdated; mechanim to meaure or evaluate outcome may be abent; problem may be addreed without uing data to build undertanding; information may not be widely hared; reward and recognition ytem may not focu on the new behavior required by the change made; and o on. Sometime the idea that their agency i not o unique come a a urprie to union and management leaderhip and, perhap i a bit of a diappointment. But the good new i that many of the ame intervention that help organization to change uccefully alo have application in law enforcement. Proce improvement tool can help to improve the quality and effectivene of police ervice and internal operation. Tool to engage in root-caue analyi can help to better undertand the factor that contribute to problem and ugget option for olving them. Uing data to undertand a ituation lead to better outcome. Change will be more widely accepted if the interet of thoe affected are incorporated into the option propoed. The labor-management environment hat may be unique in many agencie i the abence of the deire to improve the labor-management relationhip and the reluctance of union and management leaderhip to tep outide of their traditional role to create and act on a common viion. Typically, lack of trut i one of the root factor. The labor-management environment ha other attribute that make it unique. Law enforcement union typically are denied the right to trike by law, preumably in the interet of public afety. Union repreenting many other public-ector employee group are prohibited from triking a well. To offet the diadvantage in collective bargaining, many are empowered to eek binding arbitration when reaching an impae in contract negotiation and in attempt to reolve contractual dipute and grievance. ven though it i eential in ituation in which trike are prohibited, binding arbitration i not a ubtitute for earnet negotiation. It i true that arbitration can allow the partie to agree to diagree about an iue, make their bet cae before an arbitrator, put the iue aide for the arbitrator ruling, and move on to other thing. Nonethele, a pattern can develop in which tough deciion can be made only by a third party who doe not have to deal with the conequence, thereby weakening the ability of union-management group to addre effectively ome of the really contentiou iue that come between them. Though problem olving can be a mey and conflict-laden experience, the proce of building a hared undertanding of a problem and developing option to addre each party need i critical to building, maintaining, or reviving trut between union and management. 134

152 Joint Labor-Management cooperation to Implement Community Policing The environment within which law enforcement agencie and union operate i very public and highly politicized. The work performed by patrol officer i very viible and often under crutiny by ome member of the public. Chief are appointed by elected official (or by manager who are appointed by elected official) and heriff are elected. Conequently, interet group can put preure on the chief or the agency and raie iue that have a profound effect on union and management, training their relationhip. Change in elected leaderhip can alo have an impact. Law enforcement organization typically operate within a command-and-control management tructure and work environment, exceeding by degree the authoritarian tructure found in at-will employment relationhip that apply to mot manager and to employee in nonunion organization. A a reult, law enforcement agencie have a tendency to apply top-down organizational change model with little involvement from thoe below the upper management level. Interetingly, law enforcement union diplay a tendency to acquiece to thi type of change proce, although their open acceptance of the change doe not automatically follow. Intead, they will allow the change to be implemented and then grieve when one or more of their member perceive that they have been a victim of an injutice. Perhap a by-product of thi i the abence of viible management concern for improving the lot of the rankand-file within the organization. Often, management focu on change i external by involving the public, the buine community, the municipal adminitration, and o on. Seldom i the need to improve the quality of the work experience of the rank-and-file a primary focu of the change. The vat majority of people come to work wanting to do a good job. Their atifaction and the quality of their effort i affected by the barrier that interfere with their abilitie to perform their dutie in an effective and appropriate manner a well a their perception of fair and repectful treatment from management. Alo abent i an explicit focu on improving labor-management relation by both partie. Perhap the adverarial atmophere implicit in much of day-to-day law enforcement activity carrie over into the day-today labor relation arena and both partie come to accept that a an unchangeable reality. Some officer confide that their job require them to be upiciou of and low to trut other. Perhap that carrie over to dealing between union and management and an expectation that that i the norm. Mention of thee attribute doe not imply a criticim, but merely a reality. Nor am I uggeting that any of thee attribute need necearily to change; however, they do add a dimenion to the union-management relationhip not found to the ame degree in mot other organization, and they can have an advere effect on attempt to engage in joint labor-management effort. Creating a Climate That Support Joint Labor-Management Change How doe a department go about preparing itelf for joint labor-management effort? The environment itelf give ome clue about what need to be done to achieve ucce uing a joint approach. Repect the collective bargaining agreement and proce Picture thi: A police chief attend a eminar on community policing and become intereted in the poibilitie. He read ome book and article and become more convinced that thi would be good for the department and the community. He ha converation with union leaderhip decribing how all within the department will have to change to intitutionalize community policing. Then come the tatement that they have to change the contract to build in additional flexibility for taffing the new program. At that point, union 135

153 Police Labor-Management Relation (Vol. I) leader typically repond by haking their head, reacting loudly, or quietly folding up their paper, puhing in their chair, and leaving the room. A focu on the collective bargaining agreement (CBA) a the linchpin of a change effort i a mitake. The importance of the CBA to the rank-and-file cannot be overetimated and key element, uch a eniority proviion for aignment and promotion, are among thoe held mot acred. hen management make changing the contract one of the initial goal of change dicuion or negotiation, it galvanize oppoition to the change and limit incere exploration of idea that might hold benefit for all involved. A more effective approach would be to conider the following idea. Begin converation about change with quetion rather than with anwer Many work environment place high value on people who have the anwer and can make quick deciion. Unfortunately, not all iue confronting law enforcement organization lend themelve to quick, eay anwer. Many are complex and have multiple takeholder whoe need mut be conidered to arrive at appropriate olution that will be accepted by thoe affected and have the commitment of thoe called on to carry them out. Undertanding i limited when the dicuion center on anwer, or poition and counterpoition. Real, hared undertanding ha a better chance to occur when the partie begin the proce of change by aking quetion uch a the following: hat factor are driving u to change or tay the ame? How effective are the ervice we provide? Do our internal operation upport the kind of outcome that we want to ee from our work force? hat help our ability to work effectively a union and management? hat keep u from working effectively together? hat i our viion for our department and our community? hat demontration of commitment do we need to go forward together? The above are but a few of the quetion that might be aked when beginning to talk about change. The important thing i to be open to the poibility that multiple option often exit for addreing problem confronting organization. Build agreement that addre both management and union interet Interet are the underlying need, deire, or concern that underpin the poition people take on iue and on the option that they chooe when making plan or olving problem. Management and union member all have a take in the outcome of change. The degree of upport that each offer to propoed change hinge on the degree to which their variou interet are met. Some ugget that agreement have to be baed on common interet, auming that the partie competing or unrelated interet divide them and hould not figure into agreement that they craft together. There are two problem with thi approach. The firt i that the partie may have only a few interet that could be conidered common interet, and 136

154 Joint Labor-Management cooperation to Implement Community Policing they may be only thoe that carry little emotional weight for either party. Conequently, the option that thee interet generate will likely be limited and encompa only a narrow range of poibilitie. The econd i that a focu only on common interet ignore many of the deep-eated concern that lie at the heart of conflict between the partie. nduring agreement that have a wide degree of acceptance by both partie, and to which they are highly committed to carrying out, mut be built on the key interet of both partie, whether they are held in common or not. Doing o demontrate a commitment to a proce that repect the need of both partie to arrive at olution that atify their repective contituent in order to move forward. Such effort help coniderably to build or trengthen trut between the partie, a well. Involve thoe affected by the change It i true that change i often difficult for thoe affected by it, but the difficulty i enhanced when people are made the object of the change and are not active participant in it. xcluding thoe affected by change i a key contributor to their reitance. One of the bet way to get the buy-in that police adminitrator eek from patrol officer i to involve them early in identifying the force that are driving the need for change, clarifying interet of all partie, generating option, making deciion, participating in their implementation, evaluating effectivene, and making appropriate adjutment. Involvement of patrol officer, through their union, in the change proce doe more than jut reduce reitance. It alo enhance the quality of the outcome of the change proce itelf. Patrol officer are typically cloet to the work and have coniderable knowledge and experience to bring to the deliberation about what change ought to occur and how they can bet be accomplihed. They know the community and have good idea about the problem that they face. They work with the department internal procedure and can identify thoe thing that both help and hinder their ability to work effectively. They know the trength and weaknee within the department and can point out input and reource neceary to help them to achieve objective in an appropriate and expeditiou manner. They alo can help to make the hard choice when circumtance may require trade-off in how reource are allocated. Involvement of patrol officer through their union hould not be conidered a burden, but rather an enhancement of the change effort. nlit a third party to facilitate converation orkplace memorie and the emotion that urround them often lat a long time. Perceived injutice perpetrated by either ide have lingering effect that can idetrack other problem-olving effort. A in other relationhip in which trut ha been violated, union and management may have a difficult time talking with each other without old wound reurfacing when tenion rie. hen thi happen, litening become very difficult and undertanding goe out the window. Conequently, the partie do not recognize thoe point at which they are near an undertanding, if not agreement. A third party can help to facilitate converation when there i a high degree of tenion or acrimony, but only if the third party i even-handed, knowledgeable without being condecending, and killed in facilitating group procee. Union-management group can uually etablih ground rule, but often can t hold each other, or themelve, to them. In the preence of a third party, group member are uually more civil and repectful in their comment, and can be prompted to bring up the interet that underlie the olution that they eek to the conflict. A third party can more eaily paue the converation to retate comment in a way that help all partie to hear a well a undertand what i being aid. The third party can alo help to aure that all voice that wih to peak can be heard, thereby helping to build commitment to the proce a well a generate a wide range of idea and option that lead to more effective and appropriate olution. 137

155 Police Labor-Management Relation (Vol. I) Carefully chooe the term that are ued Community policing i a carefully crafted term that connote quality, cutomer focu, continuou improvement, and partnerhip to many of thoe who advocate it implementation. It i analogou to Total Quality Management and fall within the domain of initiative et forth to redeign government. Admittedly, community policing i not jut another program, but rather an expanded way of delivering police ervice and managing internal operation. Like the other term mentioned here, for ome the term community policing conjure up nothing of the ort. Some ee the concept a a union-buting trategy. Other ee it a jut another management program that will generate excitement for a while, and then be quietly put on the helf with all of the other dicarded or failed initiative. Other may ee it a a term for what they believe they have been doing all along and ee it a an ill-conceived program being foited on a department by reelection-minded politician. And other think of it a a trategy that i oft on crime and in oppoition to what they believe to be their primary reponibility a law enforcement profeional. Try a you might, it may be impoible to dipel thee notion and lead nayayer to embrace the concept of community policing. That i of little conequence becaue even the reiter will repond favorably when aked to provide idea of how police ervice and internal operation can be improved, idea that are almot alway conitent with the concept of community policing. Rallying behind an undefined concept jut may not work, but engaging each other in dicuion about way to improve quality of ervice and effectivene of internal operation will likely bear much more fruitful reult. After all, it i the reult that matter, not whether or not all member of the department can define what they do a being community policing. Getting buy-in i not the ame a building commitment Getting buy-in i a phrae that decribe how organization get the rank-and-file and their union to go along with top-down organizational change that they propoe. In buying-in to a propoed change, the work force agree not to tand in the way of initial implementation and to try it out to ee how it work. ith buyin, however, they are not aying that they think it i the bet coure of action to purue, nor are they aying that they will do all in their power to make the change work effectively. In buying-in they are not accepting any reponibility for the change and they retain the right to grieve or criticize the plan at the firt ign that it run into difficulty. In hort, there i neither ownerhip of the propoed change nor any commitment to it. Getting buy-in may be ufficient for ome thing for which acceptance and commitment are not very important. For tranformational change, which call for a fundamental hift in how people regard their role within the organization and in the community, a well a how they apply a different or broader range of reponibilitie, uch a in the change to community policing, buy-in will not be enough. For tranformational change to be effective, it will require the commitment of all involved to keep trying until the deired outcome are achieved. And a i the cae with many tranformational change, a ome deired outcome are achieved, new goal are identified and are added to the lit. Thu, the commitment of all involved will need to be renewed. 138 Thi type of commitment i developed through the continued involvement of the key takeholder who are mot affected and who will be called on to carry out the change. It will be enhanced a patrol officer and their union ee that the collective bargaining agreement and proce i repected. It will be enhanced a union leaderhip provide input that i eriouly conidered. It will be enhanced a the union and patrol officer acknowledge that the department i attempting to craft olution that addre their interet and iue. The proce of building commitment i ongoing, and require the leaderhip of both union and management to be willing to interact in way that make le viible the traditional boundarie of their relationhip.

156 Joint Labor-Management cooperation to Implement Community Policing Adjut internal ytem to upport the change deired Identifying what hould be changed and how to accomplih the change are only two component of a comprehenive change proce. The propoed change are likely to target outcome and behavior that differ from thoe expected under the tatu quo. Some of thoe outcome and behavior will be difficult to attain becaue the department internal ytem are geared to achieve other objective. For example: officer may be aked to pend time in neighborhood getting to know people or developing a more poitive attitude among youth toward the police. Doing o, however, may make it harder for them to write the targeted number of traffic ticket on which their performance review i partly baed. Typically, if the number of traffic ticket i what i meaured and contribute to the performance review, then that will be what the officer make ure to accomplih, rather than focuing on the other deired, yet unmeaured, behavior. In another example, a department may want it officer to internalize the ue of a ytematic problemolving method to olve problem they face regularly on their beat, and require ue of the method on at leat one problem per month. The officer, however, receive only minimal training, there i no review of the problem to addre, and no one really look at the write-up the officer provide to decribe their effort. Conequently, after a while officer recognize that the chief only want to be able to tell other that the department i applying a problem-olving approach, o they begin to turn in duplicate of their own and each other problem report. Real change require a committed and comprehenive effort, which mean that union and management leaderhip have to look at the deired outcome and behavior then examine the way in which the exiting ytem will help or hinder achieving the goal. Regardle of the extent to which the union i involved in the change up to thi point, the involvement of union leaderhip in thi tep i critical. People who are cloet to the work will be bet informed about where the barrier are and will have many good idea about how to overcome thoe barrier. They will be able to anticipate many problem before they become viible to management and will be very ueful in helping to make the change a mooth a poible. Share information widely Participative procee typically uher in more and more frequent requet for information. Increaed problem-olving effort will increae the need for information to undertand and olve the problem. People will want to know more about the force that are driving change, about what other department are doing, how well they are doing relative to what they did before, how well they are doing relative to imilar communitie, and o on. Some chief repond to the increaed demand for information by aying that they already provide all the information that officer and union need to know, although they are the one who decide what the officer and union need to know. It may not alway be clear to the peron receiving the requet why information i wanted or needed, but withholding information or making it very difficult to obtain doe not help to build trut between the partie. If there are pecific topic that the partie do not want open to joint dicuion, it i appropriate to declare them off limit, but thi hould be done at the onet of the change initiative to minimize the chance for miundertanding and conflict. If there i a concern that thoe providing the information may be overwhelmed with requet, it i alo appropriate to define a procedure for requeting information, a long a the procedure doe not create barrier or grant power to withhold data. Otherwie, the partie may want to make it known that requet will be made and they will be honored. Doing o will help coniderably to build trut between the partie and the information provided may alo help to improve the effectivene of the change effort. 139

157 Police Labor-Management Relation (Vol. I) Build trut by uccefully working through ome tough problem orking together on a tak and eeing it through to ucceful completion help a great deal to build better relation between the partie, and a high degree of trut i not required to get tarted. Sometime, union and management think that they cannot poibly engage in joint change effort becaue there i little trut between them. If the partie agree to follow a proce that eek to build undertanding through clear communication and ue of data, clarify the key interet of both partie that have to be addreed, evaluate option through ue of criteria, and follow through on deciion made, it i not only poible to proceed without a high level of trut but trut i likely to increae a the partie ee poitive progre. Reward the deired behavior Too often the mechanim that an organization ha in place to recognize or reward performance are not tructured in a way that i conitent with the new outcome and behavior that are target of the organizational change effort. Thi caue confuion and undermine the change proce. For a while, people might be inclined to take on the new behavior that the change effort precribe, but they are not likely to do o for long if the performance evaluation proce continue to reward thoe action that have alway been rewarded. Conitency i crucial in a change effort and conitency i one of thoe thing that help each party ae whether the other i really committed to the change. Some of the inconitencie may not be readily apparent when planning the change, o it may be helpful for each party to prepare to exercie ome tolerance. Involving thoe called on to carry out the change throughout the proce will help a great deal to identify many of the inconitencie before they become another problem to addre. Nurture genuine participation in planning and implementing the change Sometime, opportunitie offered to union leaderhip to participate receive little repone. Some of the factor that could affect the degree of joint labor-management participation in change effort include lack of trut, kepticim, lack of undertanding of the force driving the change, different interpretation of the force driving change, diviion within the union about the appropriate repone, differing expectation about what contitute participation, and lack of appropriate kill on the part of union and management. The participation of both union and management, including midlevel command (who are often both management and repreented by a union) i vital for the long-term ucce of the effort. Union and management leaderhip may need to nurture participation; that i, continue effort to obtain input and to collaborate on planning, problem-olving, and deciion-making. ffort to promote participation include training in communication for undertanding and ytematic problem-olving, facilitation by a third party, open and extenive information haring, reolving outtanding grievance, and other effort that ignal the partie commitment to act in a collaborative fahion. An appropriate axiom to guide effort to nurture participation i: Be the change that you eek. 140

158 Joint Labor-Management cooperation to Implement Community Policing Remove barrier to effective performance The great majority of people take coniderable pride in their work. They want to do a good job and often do more than i required of them. They are willing to tolerate ome inconitencie, perceived injutice, lethan-optimal deciion, and external preure and till work hard to get the job done, but that deire to do a good job hould not be taken for granted. Ultimately, the internal practice and procedure that complicate or interfere with doing a good job, when permitted to exit through neglect, may antagonize worker and undermine their willingne to do any more than what i required. Over time, ome may begin to let their performance lide becaue the lower performance expectation have become the norm. An effective trategy i to apply a problem-olving proce to the barrier to effective performance identified by union and management leader a well a by the rank-and-file. Barrier may exit becaue of outmoded procedure that did not keep up with change within the department or were not conitent with what they were intended to accomplih. Regardle, barrier to effective performance typically exit a a conequence of deciion made or not made at ome point in the hitory of the department. Therefore, new deciion can be made after acquiring a ound undertanding of how the barrier affect performance, what olution to addre, and what option would atify, in whole or in part, the need of the partie. Ue interet-baed approache to problem-olving and planning Building agreement that addre the need of both union and management i the bai of ucceful joint labor-management change effort. hen each party ee propoed change a meeting the interet of it contituent a well a or better than any other option, it will be much more likely to actively upport the change and effectively carry them out. Focuing on interet i a type of negotiation or problem-olving proce that i different from thoe traditionally ued by police union and management. Typically in negotiation (and problem-olving i a type of negotiation), the partie come to the table with their poition on the iue, which are really jut anwer to what they think the quetion will be. Sometime they have aked the appropriate quetion and other time they have not. Regardle, tarting the proce with the anwer limit the dicuion to a very narrow et of option. If the partie do not agree on the real iue and how they affect their contituent and the department, then their dicuion will not be very fruitful. They may reach a deciion, but it will likely involve compromie that may not give either party what it want or need. Or, they may not reach a deciion, which i likely to reult in the iue being reolved through arbitration with at leat one party not getting what it want or need. If the partie have been addreing the wrong iue, then neither party will get what it need or want. Interet are the need, concern, or deire that underlie the poition that people take. They help to define the problem. They help to anwer the quetion hy? and hy not?. They identify what the partie need: a olution to the et of problem addreed that atifie both of them and their contituent. Focuing on interet help to expand the option and the poible olution to a problem. Focuing on interet i recommended in joint labor-management effort, not for altruitic reaon, but becaue it lead to better deciion that are accepted more widely, and ha a tronger degree of commitment from thoe who are called on to carry them out. A each party ee that the other i genuinely concerned about crafting olution that addre the other need a well a it own, then cooperation and effectivene will grow. 141

159 Police Labor-Management Relation (Vol. I) Focu on continuou improvement Sutaining a change to community policing and incorporating a labor-management approach to addreing iue that face the agency require ongoing aement, evaluation, and renewal. ven with the bet intention and excellent effort on the part of union and management, it i difficult to enviion every factor or challenge that will confront the agency. Changing circumtance and the experience gained from initial implementation may ugget that improvement to the plan need to be made. The proce of tranformational change i ongoing. The partie will continue to recognize thing that could be done better. Continuing a regular focu on problem-olving will help to keep the effort on track and to demontrate commitment to improving the quality of ervice a well a the work environment within the agency. Variou mechanim can be created to facilitate an ongoing focu on improvement including: weekly or monthly problem-olving eion, annual review retreat, ad hoc committee, labor-management forum, and labor-management teering committee. The important thing i to recognize that effective change require purpoe and commitment, and that the bet way to enure that they are utained i to olidify the practice by etablihing tructure and procee that are appropriate to the agency. 142

160 Crii Interruption: Aborting The Crii Life Cycle The Media: Both Headwind and Tailwind to Police Union and Police Management Chapter 18 CRISIS INTRRUPTION: ABORTING TH CRISIS LIF CYCL By Michael R. Shannon Mandate Media Any civilian organization that iue firearm to it employee at the tart of each buine day can expect a crii ooner or later, yet many law enforcement executive and labor leader take a urpriingly paive attitude toward thi eventuality. The executive office often aume that the adminitration pre office will handle any crii that receive extenive media coverage. Labor delegate the job to the command taff. That putting an officer career in the hand of individual who may not have the officer bet interet at heart. The key to urviving a crii i interrupting what Dr. Jame Grunig, profeor of public relation at the Univerity of Maryland, call the crii life cycle: birth, growth, maturity, and decline. And the key to preventing a cycle from going full term i being prepared before the media atellite truck roll into the parking lot. Agencie routinely plan warrant ervice, hotage ituation, training cenario, and even promotion policie. In many intance, though, the agency fail to do even the leat bit of preparation for an event that can cot the chief hi job, impair the effectivene of the agency for year to come, or eliminate the union a a political player for the foreeeable future. hat follow will help law enforcement executive prepare and plan an effective initial crii repone and will give ome guideline and uggetion for preventing a crii from going full term. hat follow alo aume that the department or union i relatively blamele in the matter at hand. Build an arly arning Sytem If a law enforcement executive can top a crii during the birth cycle, the duration of the event will be hort and the length of hi or her career will be extended. The crucial factor in interrupting the crii at thi point i information. A crii grow big and trong on rumor, innuendo, and peculation. In the abence of fact, reporter and pectator feel free to let their imagination roam. The executive need fact and information to bring a doe of reality to the ituation and place an event in the proper context. Information can how how thi kind of event ha been addreed in other juridiction and can be ued to rebut accuation and rumor. 143

161 Police Labor-Management Relation (Vol. I) Keep in mind that the clock i ticking. arly, timely information help make an agency cae. Late information regardle on how accurate it may be only erve to make an executive look defenive. The firt tep in building an early warning ytem i an awarene of what i happening in other juridiction. If the executive i not cognizant of what other agencie and union are doing and, more important, how the new media i covering thee event, then he or he i not doing the job. The firt agency hit with charge of racial profiling, for example, wa legitimately taken by urprie; the econd agency that wa tartled by thee accuation wa aleep at the witch. The executive or omeone trutworthy in hi or her office hould monitor national new coverage of law enforcement. Trial lawyer and the American Civil Libertie Union (ACLU) read the newpaper, and o hould law enforcement. The agency hould can the Internet every morning for information about crie in other area. Free newtracking ite include Google New Tracker (new.google.com) and Day Pop ( Thee ervice allow uer to etablih a daily keyword earch. Google reult are delivered by each day; Day Pop require a daily viit. Think of thee ite a the canary in the cave, or an early warning ytem. Agencie with ufficient budget can do earche on Lexi Nexi, which i much more comprehenive. But realitically, a true crii i covered widely and the free ervice will uffice. Bad new i aid to come in three, and I guarantee that it ue the intertate. Racial profiling, to ue one example, went from New Jerey to New York to Maryland to California in jut a few month. By monitoring what goe on elewhere, an executive can have an idea of what to do, and poibly more important, what not to do if the ame or imilar event come to hi or her town. The information hould be filed by type of event for eay acce in time of need. hen reviewing the coverage of an incident, the executive hould analyze the type of quetion being aked and the repone on the part of the agency or union leaderhip. qually important, examine who ele wa a part of the tory: Did the media contact outide expert? hich local activit made the new? hat wa the ratio of attack to defene coverage during the incident? Did the agency have anyone taking it ide of the controvery? here wa the political etablihment? Did politician defend the agency, idetep the iue, or join the attacker? How many witnee made the new and wa there any effort to evaluate their credibility? 144

162 Crii Interruption: Aborting The Crii Life Cycle All thi information can be vital if a imilar incident hit an executive organization. Ideally, he or he will apply the anwer to the above quetion to hi or her juridiction. Meanwhile, the executive can do the following: Build a relationhip with expert on ue of force, pay cale, or tatitical analyi. Identify and obtain contact information on local activit who are pro and antilaw enforcement. Determine which elected official are upportive of the police or union. If the executive doe not have time to read and evaluate thi information, an office or board member hould provide a daily diget of relevant new from around the country. ach month, the executive and the command taff or the board of director hould meet to dicu what could be done to prevent or repond to imilar event. Particular attention hould be paid to torie covered in the major newpaper like The New York Time, The all Street Journal, and The ahington Pot. Thee publication et the new agenda for the ret of the nation. Local reporter ee what national reporter are covering and look for equivalent torie in their own town. By thinking like a reporter, an executive can be ready for reporter at the proper time. Information + Context = Survival For the next tep in the preparation proce, an executive hould know hi or her own agency. It i crucial to build a comprehenive databae that evaluate the performance of an agency in relationhip to other agencie of imilar ize, and compare it to a national benchmark baed on a per-thouand bai or other tandard meauring index. Union leader alo need thi information, but often are unable to get it from command taff. Still, it i helpful to etablih relationhip with union leaderhip in other juridiction of imilar ize and hare information. Any law enforcement executive probably can name the number of civilian killed by hi or her officer in the pat year and provide a racial breakdown. But can the executive compare that to other juridiction of the ame ize in the tate, urrounding tate, and nationally? The police department in Cincinnati wa excoriated for the number of black men hot and killed by it officer 15 ince 1995 after an officer hot an unarmed teenager during a foot puruit. Yet no one pointed out that the Cincinnati police hot more than one-third fewer black men than did the city of St. Loui, which i of comparable ize, during the ame period. Thee tatitic mut be at hand and the executive mut be prepared to releae the information when needed. There are no public relation emergency hot line for law enforcement agencie to dial when they are attacked by the new media. If an executive i not ready with information, opponent will be more then ready with peculation. In addition to aggregate number, tatitic mut be broken down geographically, racially, economically, and almot every other way poible. 145

163 Police Labor-Management Relation (Vol. I) Many department have an in-houe crime analyt. Thi i the place to tart for putting an agency into context, but to be accurate, the number alo have to be cro-referenced by other variable, which include the following: Geography Racial breakdown Call for ervice Staffing level Staff racial compoition Gender compoition Arret by gender Arret by race Complaint per officer Complaint per officer by race Complaint per officer by gender. A little knowledge can be dangerou, a can raw data. If there i no in-houe tatitician who can put raw data into perpective, one mut be hired. Univeritie are often ueful; otherwie the information will have to come from a commercial data or tatitical analyi firm. Thi evaluation mut be done every month o that current figure are at hand. Simple percentage and yearly total are deadly weapon in the hand of reporter. Racial profiling accuation uually are baed on comparing total arret, top, or miundertood behavior per racial group with that group percentage of total population. aiting until a few day after an accuation of racial profiling or ome other bia-baed offene i made to generate data look defenive. During the birth tage of a crii, time i of the eence. Thi kind of analyi i expenive and time conuming, yet if the agency doe not do it, the union may be forced to do an analyi to defend it member. nlightened labor leaderhip need to meet with the command taff to learn if uch reearch i being done. If it i not being done, the leaderhip hould find out why and try to make it happen, or be prepared to do it themelve. In a crii, the agency may be afraid to releae data, but the union hould have no qualm. In fact, the union can releae data during the crii that the agency cannot releae for political reaon. But to do o, union leaderhip and agency leaderhip mut communicate and work in tandem during the crii. It take two to tango, and ometime two to urvive a crii. The next tep in the preparation proce involve the media. mbedding the Media The U.S. Department of Defene had great ucce with embedding reporter during early tage of the Iraq war, and reaped dividend in coverage. A law enforcement executive can do the ame with local new media. Much of the negative coverage of law enforcement come from ignorance. Reporter deal predominately with verbal confrontation and often have no idea of what the average officer encounter on the job. 146

164 Crii Interruption: Aborting The Crii Life Cycle A law enforcement executive job i to make them aware. It i vitally important to an agency that the media ha a chance to take the entire firearm training coure, participate in defene tactic drill, and undergo ue-of-force training. Once that done, let the reporter ride with police officer in a high-crime area. The executive need to ue ome dicretion in chooing which officer are aigned to chauffer the reporter, but it important that the reporter go into the field. If agencie go to the trouble to put data into context, it only make ene to give reporter ome context, too. Let them know the ue-of-force continuum, let them ee how hard it i to control an unruly peron, let them feel the rubber knife in their rib when they can t clear the holter, and let them do ome bonding with the troop. An u-veru-them relationhip with reporter get u-veru-them coverage during a crii. hen an agency loe the benefit of the doubt in new coverage, it loe the crii. Keeping the benefit of the doubt mean building a relationhip with the media. The law enforcement executive hould not depend on the mayor office, or governor office, or whatever political entity ha control of hi or her agency to do thi job. An independent relationhip with the media i eential becaue chance are that when a crii hit, the politician will be more concerned with their own interet than with thoe of the agency and cannot be depended on to buffer coverage. A relationhip with the media mut extend all the way into the executive office. tablihing a media relation office i not etablihing a relationhip with the media. Reporter mut be able to form a bond with the executive, and thi building proce hould not be limited to jut reporter. It i important to know the editorial writer and editor on the newpaper, and aignment editor and new director at broadcat outlet. The executive hould not limit hi or her interaction with a reporter who might be gone next month. ditor have a tendency to tay on, and they are the people who et the new agenda. Meeting with editor are often a good time to dicu what the newpaper policy i on witne tatement. Doe the paper do any ort of credibility analyi? I every witne taken at hi word? I rumor given the ame weight a fact? Contrating what your agency doe to evaluate witne claim with what the media doe will be very helpful in later crii coverage. Building thi relationhip involve regular meeting, lunche, breakfat, invitation to training, and opportunitie to play with the latet toy. Taking a reporter through Civil Diturbance Unit training before a demontration give them the police perpective on civil diorder and put another angle on what the demontrator will be aying. Better yet, letting the reporter grab hat and bat when the demontration tart i the cloet thing we have to an embedding proce tateide. Sure, there i the chance that omeone will ay or do the wrong thing when the reporter i around. Some would ay that thi i a management problem that hould be olved ooner rather than later. The police do not have to apologize for keeping the peace and enforcing the law, and they houldn t have to apologize for being human. Union leaderhip can do the ame ort of bonding, meeting with reporter and editor, and inviting them to union meeting and function, being a ource of information and new, and mot of all, building credibility before the torm hit. 147

165 Police Labor-Management Relation (Vol. I) Community Tie Are a Life Line The next relationhip i with the community or political relationhip that the chief, heriff, or colonel office mut etablih. If he or he think the political ide of thi job i olely the province of the politician, the executive will not lat long in the job. An executive mut etablih community and political tie throughout hi or her juridiction if he or he expect to weather the torm of a crii. Such connection mut include the following: Buine community Activit community Charitable community Religiou leader lected leader Political leader. Not all of thee people will be behind the executive during a crii, and ome may try to run him or her out of town, but ome upport here i crucial to career urvival and the agency viability in the future. The goal here i to keep thee people in the loop and on the ide of the law enforcement executive when a crii hit. Carefully timed phone call or briefing can make a ignificant difference in the level of upport during tough time. It i a mitake to let thee people get all their information about a controvery from the new media or from elected official. Union leader mut do the ame: keep a lit of people who have written favorable letter to the editor regarding member of hi or her juridiction; know how to contact thee people in the future; and urge union member to pa along citizen commendation letter to keep in union file. Union leader hould form a relationhip with the larger off-duty employer of their member. Thee individual have economic and political clout in the community and can help in a crii. Both union leaderhip and command taff hould etablih a cloe relationhip with department reerve or auxiliarie. hy? Thee people are member of the community who are trong law enforcement upporter. They can be a bridge between the civilian community and law enforcement. Many are ucceful buine people and have important role in civilian life. They can be effective advocate for the department or union during a crii. Unfortunately, the vat majority of command taff view reerve a a nuiance and the union think of them a competition, which wate a potential reource. True Lie During a Crii Law enforcement i at a great diadvantage in any crii becaue of the nature of much of the information that the media ue to make coverage deciion. In a controvery between politician or buinee, both ide are uually operating from the ame factual bai, but each ide put a different interpretation on the data et and trie to ell it viewpoint to the media. 148

166 Crii Interruption: Aborting The Crii Life Cycle It would be nice if that were the cae in law enforcement crie. Unfortunately, in our buine many of the fact are imply lie, but when the police point out that a witne i a felon, not believable, or not even preent during the event, the media ometime accue the police of bullying a public-pirited citizen. Law enforcement credibility i often put through the wringer. So what do we do? The crii will be contained if the law enforcement executive can tay ahead of the media on the information curve. In a critical incident he or he mut control the firt few hour. A an example, let take the hooting that feature a white officer killing a black upect ince that i a common flah point for crii. inning the information war begin with who repond to the call. The hooting team or the critical incident team need to be compoed of the bet invetigator and bet interviewer: people who are motivated, energetic, and have excellent rapport and people kill not whoever i on rotation when the hot are fired. An executive future can depend on thi invetigation and it i a career death wih to let eniority or random choice determine who take the call. The firt tep i to etablih a big perimeter and keep it cloed until the invetigation i complete. Thi mean keeping the media at bay until all the poible fact have been gathered. The public information officer hould be on the cene to mooth ruffled feeling, but no one i given acce until the job i done. ach witne mut be interviewed thoroughly, and potential witnee mut be tracked down relentlely. It i a big mitake to let a reporter get to a witne before the agency doe. Once the witnee are interviewed, the agency hould do a quick criminal hitory earch on each, and ee what other contact each may have had with the department, uch a complaint, ticket, dometic, claim of police brutality, and o forth. Thi information mut be entered into a earchable databae immediately, rather than waiting for the data to percolate up the chain of command. hen a reporter ak about a witne claim, the executive mut be able to compare it with what he or he already know. hy i thi neceary? How often doe new coverage of a law enforcement crii feature witnee who contradict the law enforcement agency claim? ouldn t it help the department if it could reply in one of the following way? e immediately interviewed 153 witnee within a half-mile radiu of the hooting, we put out a call for witnee, and we knocked on every door in the area and Mr. Hyper wa not, to our knowledge, in the vicinity at that time. If he ha information regarding the incident we ak that he hare it with our invetigator o we can have acce to all the fact. That i not what Mr. Hyper told u when we interviewed him. In fact, in hi tatement to Officer Credible, Mr. Hyper aid I m not urpried Mr. Hyper aid that. e are, in fact, very familiar with Mr. Hyper. He ha been arreted 149

167 Police Labor-Management Relation (Vol. I) e have tatement from 10 witnee who were in the immediate vicinity and they all contradict what Mr. Hyper i telling you. In fact, all of thoe witnee aid e know thi i a very trying and treful time for member of the family and recollection of an event can become confued. But we have tatement from X other witnee who aid The ame goe for other evidence urrounding the incident. If the agency ha a videotape that upport it, then releae it. If the tape require interpretation, have an expert there to do it. The forenic data hould alo be available a oon a humanly poible. The ame goe for background reearch into the upect and 911 tape regarding the call. It i not neceary to tell everything during a crii, but the executive certainly mut be ready to anwer everything or face the conequence. Command taff and union leaderhip mut be ruthle rumor killer. ach mut demand that the new media label peculation a jut that and each mut not, under any circumtance, anwer hypothetical quetion. During the initial contact with the media, the executive alo mut have background information ready. For example, many juridiction have law or policie that give officer involved in a hooting hour or everal day before they mut give a tatement. Some reporter miinterpret thi a tonewalling. Don t expect them to take the word of the law enforcement executive. Intead, ditribute copie of the law or policy document and arrange for an outide expert to explain the reaoning behind the law or policy. A pokeperon from the police academy hould be preent to anwer tactical quetion, uch a when a upect ha been hot in the back. Reporter don t undertand how a upect can fire, turn, and be moving away before the officer fire in return. The expert can explain that. The executive hould monitor quetion carefully to dicover the template into which reporter are trying to fit a et of fact and the reearch from other juridiction and other crie relevant to the ituation. The executive hould not paively allow the media to twit event to fit it agenda. By getting the fact out fat and anticipating where the new media i going with it coverage, the chance of topping the ituation before it become a crii are much improved. 150

168 Crii Interruption: Aborting The Crii Life Cycle TIPS FOR LA NFORCMNT MANAGRS AND POLIC UNIONS IN DALING ITH TH MDIA Never go off the record There i no off the record by law enforcement manager and police union leader when it come to the media. Never, ever ay anything to a reporter that hould not be reported in the newpaper or on the nightly new. Numerou Preident of the United State have learned that their comment will make the new regardle of what wa agreed on with the reporter. A a ide note, the microphone i alway on at a media event. xecutive hould watch what they ay to the peron around them. Law enforcement manager and union leader have been outed becaue they mipoke to the media. Be frank and honet Do not be afraid to ay, I do not know. During a crii or controvery, the media eek out the law enforcement manager and union leader for comment. Often, neither party know all of the fact and circumtance at the time the media want a reply. Seldom i no comment the right repone. But executive may have to ue it to buy time to gain acce to the fact. They imply hould tell the media that they will have a more complete repone when they have had time to gather more information. Police union leader and police manager need to avoid overreacting to the emotion of the moment and making a peronal attack on the other. Repect the media a a buine Thi i a buine, reporter have a deadline, and that deadline will be met with or without a comment from the law enforcement manager or union. All reporter are not the ame, o it i incumbent on manager and union leader to cultivate relationhip with reporter that will lead to trut and repect. Manager and union mut make themelve acceible to the media, and return telephone call, even if they do not intend to make a public tatement becaue he or he might be able to direct the reporter to a better ource for information. Finally, the executive hould provide documentation to the media to back up hi or her tatement. Take the new with a grain of alt very day, law enforcement profeional await the next call for a murder, rape, burglary, or automobile accident. Officer take thoe call not knowing if a hooting may occur or if the officer will get into a highpeed chae. Their manager know that a crii or controvery will occur eventually, becaue enforcing the law will reult in arret, injurie, and even death. All crie and controverie will pa and become yeterday new. Very few people can tell what wa on the front page of lat week newpaper. Common ene and patience will overcome all bad new. Remember that many change and reform aroe from what the law enforcement manager and union thought wa a fatal blow to the agency. Ue a crii or controvery to make needed change and reform. 151

169 Ten Thing That Law nforcement Union and Manager Do to Run Aground Chapter 19 TN THINGS THAT LA NFORCMNT UNIONS AND MANAGRS DO TO RUN AGROUND By Ronald G. DeLord, Preident Combined Law nforcement Aociation of Texa In the public ector, it i not a matter of if, but when the next crii or controvery will occur, be it a collective bargaining impae, budget hortfall, crime-rate increae, high-profile crime, police puruit accident, police brutality incident on video, a hooting, or in-cutody death. ver wonder how ome communitie urvive a high-profile conflict, crii, or controvery involving their law enforcement agency with very little fallout from elected official, the public, or the media? A high-profile conflict, crii, or controvery more often than not et law enforcement management and the union on a colliion coure that garner negative media expoure, lower morale in the agency, and can generate a no-confidence vote by the officer againt the agency head. It can take year to heal the anger, reentment, and negative public reaction after uch a confrontation between police management and the police union. Here are 10 potential pitfall to conider the next time an agency ha a conflict, crii, or controvery that could lead to a confrontation between management and the union: 1. Auming the Traditional Role Played by Management and the Union in very Situation e mut firt accept that both management and the union have a role to play in law enforcement. The traditional labor-management relationhip require that both management and the union accept traditional role. If management and the union jut accept their traditional role, then both ide will not be diappointed, but nothing will ever change. here management and the union tart their relationhip may be more important than where it will end. Doe police management enter every contract negotiation fighting to gain control over dicipline and working condition? Doe the police union eek only higher pay and benefit? I a hared viion of a afer community omething either party ever conider? If the executive i the only peron with a viion, then the union ha no ownerhip in the viion. If management and the union can agree in advance on a hared viion of what kind of agency i required to make the community afer, then the method ued to gain that viion of a afer community are negotiable. There will be le conflict if both management and the union have agreed on a hared viion, and they can mutually ell that viion to the rank-and-file officer, elected official, public, and media. 2. Ruhing to Judgment If an officer i being invetigated for an alleged brutality complaint caught on video, be patient and let the criminal and internal affair invetigator complete their job. The media alway want an immediate repone from management and the union. There i no requirement that either party anwer any quetion that they feel will exacerbate the ituation. Sometime the old no comment until all the fact are in will 153

170 Police Labor-Management Relation (Vol. I) uffice. A new tory will be reported no matter what management or the union may ay, but careful conideration need to be made a to how initial comment will affect the ability to reolve the iue later. Law enforcement management need to top and think before publicly announcing that the officer will be diciplined. The ruh to convict the officer in the media may tart a war with the police union before all the fact are gathered. Union leader need to frame their remark carefully around the legal defene that i available to all member, and not ruh to conclude that the officer i not guilty. Media love controvery and will attempt to olicit remark from both ide that put them at odd during the invetigation. Management ha a duty to invetigate all complaint properly and the union ha a duty to defend it member, puruant to it policie. Harh word and angry exchange heat up the ituation and make it more difficult to find common ground later. All crie and controverie will end eventually, and management and the union will till have to work together. 3. Ignoring or Not Recognizing the Preure on Management or Union Leader During a Crii or Controvery Union leader have the contituency that elected them. The member are alway watching to ee how the union and it leader handle management, elected official, the media, and the critic of the agency in defending a fellow member (or the agency) during a crii or controvery. Union leader rie or fall during a high-profile incident. Union leader receive preure from member to take certain public poition that may appear confrontational to management. The ame hold true for police management. Police chief generally are appointed and heriff are elected. Their poition are often threatened if they are perceived to be handling a crii or controvery poorly. lected official, agency critic, and the public may preure management to take tronger action during a crii or controvery, action that management know will caue a backlah from the union. Both partie need to recognize that ome tatement or action are required a a part of the role each ha to play to atify their contituencie. Thi i where communication, cooperation, repect, and trut become valuable to avoiding unneceary conflict. Privately explaining to each other beforehand what management or the union mut ay or do will leen the impact of being urpried in the media. Both management and union leader want to ave face. No one win a protracted war of word. If either ide boxe the other into a no-win ituation, the entire crii become a no-win ituation. 4. Defending the Indefenible hile compaion and an undertanding of human frailtie are neceary, both management and union are often guilty of defending the indefenible. If, for intance, a high-ranking police official wa caught drinking and driving and the police chief give him a minor upenion, he or he could expect a backlah among the rank-and-file officer who ee the chief action a diparate dicipline, and with the public for giving police officer preferential treatment. On other ide, if, for intance, a police officer i arreted for uing drug illegally and the union defend hi or her action a caued by tre of the job, the public and media will mot likely ee the union a defending bad apple, and the union can expect bad pre. The truth i that neither management nor the union initially control mot conflict, crie, or controverie. Thing happen when officer carry gun, chae criminal, arret people, and enforce the law. Be honet and truthful. Some action are indefenible no matter how they are pun. Often, the chief and the police 154

171 Ten Thing That Law nforcement Union and Manager Do to Run Aground union need to let the chip fall where they may. They cannot ave ome people from themelve. Doe the chief or union preident want to go down with the hip for action by a police officer (regardle of rank) that common ene ay are reprehenible? The chief can be compaionate and even-handed in hi dicipline, and the union can provide the member with a lawyer without condoning or defending the officer action. lected official, the media, and the public are watching everything the agency doe. 5. Overreacting, Retaliating, and Making Peronal Attack During a Crii A law enforcement executive or union leader mut count to 10 before reacting to perceived attack. They hould not take perceived attack peronally, even if they are peronal. Law enforcement executive and union leader mut tay focued on reolving the crii. hen they become angry and lah out, they loe control of the ituation. Community activit, minority leader, elected official, and the media may criticize the action of management or the union. The public will judge both management and the union on the outcome, and not whether they reponded directly to each vocal critic. It i very difficult to remain calm during a torm, but that i what law enforcement executive get paid for and what union leader are elected to do. Firing, tranferring, or otherwie punihing employee during a crii or controvery, epecially if they are union official, i almot never permiible. hile there may be a line that, if croed, would caue management to eek diciplinary action, it need to be a wide line. hen government official react by uing their power to dicipline employee for peaking out on matter of public concern, the public entity rik damage for violating an employee contitutional right to free peech. There i alo the rik of a negative public reaction to heavy-handed government action. The public like to hear what whitleblower and police officer critic have to ay. Retaliation only confirm to the media and public that the agency ha omething to hide. Union leader need to recognize that management ha a job to do. If the union take a confrontational poition early in the crii or controvery that would appear to the media or public to be retaliating againt management for doing it job, it will only confirm to the media and public that the union i a part of the problem and not the olution. 6. Forgetting That lected Official Do Not Like to Make ave, and All Battle Are on and Lot in the Court of Public Opinion Jut about everything that happen in a law enforcement agency i open to the public. Much of what happen generate new, and any conflict between management and the union during a crii or controvery will be covered by the media. There are few ecret from critic, the media, or the public, epecially for agency head who have to comply with open record and meeting law. Law enforcement agencie leak like a inking hip during high-profile incident. Management and union need to realize that all of their word and action will be brought to light. ord and action end meage to each other, the media, and the public. Any effort by management and the union to reolve conflict before they ecalate will go a long way toward preventing a public colliion that damage relationhip, the agency, and the public. hen law enforcement management and union clah during a crii or controvery, it make wave. The chief or heriff know that hi or her future i directly dependent on the whim of elected official or the public. hile the governing body of the community may publicly defend a chief action during a crii or controvery, the more wave created, the greater the chance he or he will be looking for work oon after 155

172 Police Labor-Management Relation (Vol. I) the iue i reolved. Smart agency head maintain good relationhip with elected official and the public to withtand higher negative during a crii or controvery. Law enforcement union depend on the goodwill of the governing body and the public for their contract, wage, benefit, and equipment. Police union need to weigh carefully how deeply they wih to get involved during a crii. Making unneceary wave will loe the goodwill of the governing body and public. Union need to have a high poitive rating with the public, in particular, to withtand higher negative during a crii or controvery. 7. Forgetting to Ue Common Sene hile we live in a politically correct world, and thi i epecially true for law enforcement management and union leader, both management and union leader mut ue common ene during a crii. The public like to judge it government employee againt how they (the public) would have ued common ene to olve the problem. Common ene dictate that all conflict mut eventually be reolved by compromie. Communication, cooperation, repect, and trut again come into play when it i time to ettle public dipute between management and the union. If both ide are litening to each other, they will recognize opportunitie to reach a compromie. They hould not be afraid to eek out community opinion leader to act a mediator or facilitator. The longer the partie continue the conflict, the harder their poition become. Knowing that a conflict will end eventually, both ide need to tart eeking reolution a early a poible. 8. Playing Hardball on the rong Iue Politic and law enforcement often require hardball tactic by management and union. It i eay to play hardball with the other ide on an iue, but knowing when to play hardball i really more critical than having the courage to play hardball. For example, the police union circulate a petition calling for a referendum on more manpower. Public entiment i with the union, but management believe it will reduce the budget for other eential iue. If management play hardball with the police union, it will end up fighting againt the general public and maybe ome elected official. A ofter approach may be to meet with the union and work toward releaing more officer onto the treet, and working with the media to educate the public about the cot of uch a manpower increae. In another example, from the union ide, the executive i being preured to promote more minoritie in a department that i predominately white. The community i more divere than the agency, and the general public upport a more divere agency. The union could play hardball and try to kill or delay the promotion, but a better approach might be to work with the executive to ee if there may be area of mutual agreement within which to create promotional opportunitie that would be more incluive of minoritie. If the union decide to play hardball, it rik alienating the community and elected official. 9. Making an nd Run There may be iue o important to management and the union that they feel it i worth damaging their relationhip by making an end run to win upport, but the conequence can be evere. hen management goe around the union to communicate with or encourage the rank-and-file to upport or oppoe an iue without repecting the union reponibility to peak for the officer it repreent, management can expect 156

173 Ten Thing That Law nforcement Union and Manager Do to Run Aground a union backlah. The union ha a role to play, and it leaderhip wa elected to peak for the member on labor-related iue. The ame hold true for the union when it decide to make an end run to the city manager or to elected official. The union lack of repect for the agency executive may undertandably motivate him or her to fight back. Bitterne can be deep and long term, epecially if either ide urprie or blindide the other. If the partie meet and cannot agree, then each ha more of an argument to ell it poition to elected official, the media, or the public. 10. Refuing to Communicate Regularly Communication during a crii or controvery i almot guaranteed to be trained. Law enforcement union and management need to develop a level of trut and repect that allow them to communicate regularly. That trut and repect will pay big dividend when the department i in a crii mode. One method that management can ue to build better communication i to keep the union in the loop. Bringing the union into command taff meeting and eeking the advice of the union on matter of mutual concern will not only give management a different view on iue, it alo will give the union the correct information intead of rumor. The union can build trut and repect by telling management what the rank-and-file i thinking. Often during a crii, rumor raie the level of anxiety within the department. If the union and management have the ability to communicate honetly, it will leen tenion and keep the department from imploding. 157

174 Developing a Shared Viion of a Safer Community Building a Supertanker Chapter 20 DVLOPING A SHARD VISION OF A SAFR COMMUNITY By Ronald G. DeLord Jerry Sander Project Coordinator ho Really Repreent the Community hen It Come to Making the Community Safer? Of coure, the elected official would ay they do. The law enforcement executive would like to believe he or he doe. And the law enforcement union would poit that the rank-and-file officer do. In truth, in mot communitie, pecial-interet group compete to gain power to promote their own view of the community. No one eem to be putting the public firt. ithin their communitie, elected official are focued on a wide range of contituencie demanding variou ervice and funding allocation. Law enforcement i among them. The government adminitration often eem overwhelmed in trying to balance a budget with o many demand placed on it by pecial-interet group. Often, it can eem a though financial concern are outweighing the government reponibility to create a afer community. hat about law enforcement manager and union? Surely they are putting the public firt. Unfortunately, that i not alway the cae. The traditional role for manager and union in law enforcement have not changed much during the pat 100 year. The public ee the union a alway wanting more more benefit, higher wage, and better working condition. hen a union tart a campaign for more officer, the elected official, government adminitration, and law enforcement management generally believe that it i a union ploy to attract attention to their demand for more benefit, higher wage, and better working condition. Once the union demand are met, the demand for more officer will ubide. The union and officer perceive manager a more concerned about getting or retaining control over dicipline, aignment, hift, and chedule than they are about a more efficient and effective law enforcement agency. It i a viciou cycle. How do manager and union break the cycle and develop a hared viion of a afer community? How can manager and union make themelve relevant in the debate about crime and a afer community? It will not be eay to overcome generation of doing thing the ame old way. Both manager and union will be required to exercie leaderhip qualitie to convince their boe and contituent that there i a better way to do buine in the 21 t century. 159

175 Police Labor-Management Relation (Vol. I) Four Step That Law nforcement Manager and Union Can Take to Jump-Start the Proce Step 1: Poll the Public Ak any law enforcement manager, union leader, officer, elected official, or government adminitrator what the public think about the operational efficiency and effectivene of a law enforcement agency, and each will ay that he or he know what the public i thinking. hile each group may believe it ha it finger on the pule of the community, it ha no ubtantiated data to prove it belief. The public perception about it peronal afety and ecurity i a important, or more o, than the reality. Publihing and debating crime tatitic i a wate of time. Crime tatitic are not a meaningful meaure of how afe and ecure the public feel. In ome large citie, crime i till high compared to other part of country, but the citizen and tourit may perceive that thee citie are afer. That perception wa not achieved jut by lowering the reported crime rate. Citizen in a major Texa city were aked if they felt any afer than they did the previou year in light of falling crime tatitic. The anwer wa an overwhelming no. The manager and union hould firt agree to have a profeional polling firm conduct a valid public opinion poll. The quetion hould meaure how afe and ecure the public feel. The goal would be to have public perception of afety and ecurity improved by the next year. Other quetion hould meaure the public perception of the effectivene and efficiency of the law enforcement agency. Generally, poll indicate that the public ha a higher regard for the rank-and-file officer than of the union or manager. The pollter could alo ak the public how it feel about the manager performance and the union job. Doe the public feel it i getting full value for it tax dollar? The poll would need to be deep enough to differentiate between the variou economic area of the community. The attitude throughout a community are not generally the ame. How would variou ector of the public like to ee tax dollar allocated? Thi information will be critical when developing a hared viion of a afer community. The hared viion cannot be jut what the manager and union believe it ought to be. The public mut be the firt priority. Step 2: Poll the Officer Thi may be harder to do than conducting the public opinion poll. Firt, the agency manager and the union may not want to know what all the officer in the agency are thinking. Second, manager and union like to tell the elected official and media that they already know what the officer want. Thi poll doe not have to conflict with collective bargaining urvey conducted by mot union. The mutually agreed-on poll hould be deigned to help the manager and union develop a hared viion of what kind of department they want and what that department can do to make the public afer and more ecure. That information hould be invaluable to both manager and union when they meet at the bargaining table. The poll hould eek to determine what the officer think about the effectivene and efficiency of the department. How would the officer allocate reource and peronnel if they had the power? hich program do the majority of officer believe are working and which are not working? Law enforcement agencie, like all government agencie, have a very difficult time eliminating an implemented program Program become intitutionalized, and officer, manager, citizen, and elected official often believe that the program i integral to public afety. 160

176 Developing a Shared Viion of a Safer Community The key quetion i whether the officer are willing to make the acrifice to have a more effective and efficient agency. ould adding more officer actually reduce crime, or jut reduce the amount of work each officer ha to do? Are the officer willing to work the chedule and hift needed to reduce crime and make the community afer? Step 3: Audit the Department Thi i another difficult tep. Generally, elected official or government adminitrator retain conulting firm to conduct performance audit of law enforcement agencie. Many of thee conulting tudie are never acted on. The agency manager and union need to agree to retain a profeional conulting firm they believe can audit the performance of the department accurately. The manager and union hould already have the reult of the public and officer poll, o they know what thee partie perceive a the weaknee and trength of the department. Crime tatitic hould not be ued a the meaurement of the effectivene and efficiency of the agency. The agency hould retain a conulting firm that i academically able to meaure the program that are working and thoe that are not, and look for anwer to uch quetion a the following: Are officer being aigned to work when crime i actually occurring? hich operational deciion are more politically baed than practical? Can thee deciion be upported by actual data? Are the agency available peronnel and reource being ued a effectively and efficiently a poible? Are tatutory and contractual contraint in place that hamper the effectivene and efficiency of the agency? In a perfect world, how hould reource and peronnel be ued to make the community afer? Can the manager and union find area of mutual agreement where the partie could lobby to change tatutory retriction or bargain change in the contract that impede the concluion and deire of the public and officer? The manager and union alo need to meaure the concluion and poll reult againt financial and political realitie. The manager and union hould review the poll and the conulting report to find one or more element that will tart the proce of creating a hared viion of a afer community. A mutually agreed-on hared viion will have to be incremental. Small tep toward uch a hared viion will help develop trut, repect, cooperation, and communication. It will alo end a ignal to the officer and community that the management and union want to put the public firt. 161

177 Police Labor-Management Relation (Vol. I) Step 4: Build a Coalition in Support of the Shared Viion Unle management and the union can agree to build coalition in upport of the hared viion, the plan will fail. Firt, the officer in the department mut be firmly in upport of the viion. If not, the backlah will out the union leaderhip and future union leader will be fearful of a cooperative relationhip. Alo, the media and elected official will learn that the officer are againt any change recommended in the hared viion and that will caue them to be overly cautiou or oppoed to the change. Second, management and the union mut agree to educate the government adminitrator and elected official about what they are recommending. Since financial and political realitie are a fact of life, it i critical that they upport the hared viion. Third, the manager and union need to agree on a public marketing plan. They hould work together to build coalition with every poible pecial-interet group in the community. Civic group like to have guet peaker and having the manager and union appear jointly will go a long way toward convincing the community that they can work together for the common good. A pre conference will get ome free media expoure. The manager and union can work out a paid media campaign to reach a larger audience. Concluion If the manager and union work through every tep and can reach ome agreement on a hared viion for a afer community, it will improve their relationhip and open new opportunitie to work together for the community. The manager and union have a veted interet in a more effective and efficient law enforcement agency. Joint ownerhip in that hared viion i the mot important element in cooperative law enforcement labor-management relation. 162

178 APPNDIXS A

179 Appendix A APPNDIX A MANAGMNT AND LABOR COOPRATION FOR IMPLMNTATION OF CHANG SUMMARY OF PRACTITIONR SURVY RSPONSS Survey Adminitered and Compiled By: Jutex Sytem, Inc. P.O. Box 6224 Huntville, TX SUMMARY OF PRACTIONR SURVY RSPONS Methodology A a part of the exploration of management and labor cooperation for the implementation of change, Jutex Sytem, Inc. conducted a practitioner urvey that wa completed in the winter of The purpoe of the urvey wa to acertain the contrating perception of police chief and union preident about the extent of cooperation and iue that generated tre between management and labor during the change proce. Parallel verion of a urvey intrument were ditributed to the chief and labor organization preident of all municipal agencie with population of more than 100,000. In addition, a ample of 10 tate police agencie wa included, along with 48 agencie with population of le than 100,000. The 48 agencie with le than 100,000 were intance where both management and a labor aociation were ubcriber to the newletter Police Labor Monthly and, hence, were agencie with organized labor aociation and concerned about labor relation iue. The ditribution and repone rate wa a follow: Municipalitie with more than 100,000 population: 272 Municipalitie with le than 100,000 population: 48 State police agencie: 10 Total agencie ampled: 330 Management repone: 118 Management repone rate: 36% Labor organization repone: 63 Labor organization repone rate: 19% Total repone:

180 Police Labor-Management Relation (Vol. I) 1. About yourelf? Number of year a chief/agency head 4.7 Number of year a union preident 5.0 Number of year in law enforcement 29 Number of year in law enforcement 19 How did you become chief/agency head? Up through the rank 64% From another agency 36% How did you become aociation/union preident? lected without erving in another role 19% From another role 81% 2. Doe your agency operate under the aupice of: Chief Union A. A formal contract, negotiated under enabling tate law 51% 57% B. A memorandum of undertanding, negotiated under enabling tate law 18% 22% C. A locally authorized memorandum, letter of agreement or other document 6% 2% D. No union contract, memorandum of undertanding, et cetera. 22% 1%. Other 3% 6% Chief Repone Union Repone Formal Contract Memo of Undertanding Local Memorandum No Contract Other 166

181 Appendix A 3. Do you routinely have formal, cheduled meeting with repreentative of your officer aociation/union (police agency management)? Chief Union A. eekly 13% 13% B. Monthly 63% 51% C. Quarterly 7% 4% D. On Requet 4% 9%. Other 13% 22% Chief Repone Union Repone eekly Monthly Quarterly On Requet Other If ye, do you have a formal management-labor relation committee? Chief Union Ye: 54% 63% 167

182 Police Labor-Management Relation (Vol. I) 4. Doe your (rank-and-file) officer aociation/union normally and routinely participate in the following function by ending repreentative? Chief Union A. Scheduled enior command taff meeting 25% 24% B. Meeting with city/county/tate manager (e.g., city manager) 28% 41% C. Strategic planning meeting with variou component of the agency 51% 37% D. Strategic planning meeting with governing bodie (e.g., city council) 16% 32%. Meeting with community group 29% 48% 60.0% Chief Union 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D 168

183 Appendix A 5. Do you routinely confer with repreentative of your officer aociation/union regarding the following iue: (Chief) Doe police agency management routinely confer with repreentative of your aociation/union regarding the following iue: (Union) Do not confer Informally confer Formally confer Chief Union Chief Union Chief Union A. Grievance filed 22% 19% 27% 25% 51% 56% B. Citizen complaint filed 6% 60% 22% 21% 15% 19% C. Scheduling of officer 39% 51% 28% 22% 34% 27% D. Aignment of officer 50% 59% 27% 24% 23% 18%. Promotional exam proce 42% 49% 29% 22% 30% 29% F. Updating policy manual 33% 32% 33% 33% 33% 35% G. quipment iue 21% 33% 50% 35% 30% 32% H. Communication channel 28% 51% 57% 35% 16% 14% I. Superviory iue 39% 49% 46% 38% 15% 13% J. Relation w/ city/etc., mgt. 43% 51% 50% 37% 8% 13% K. Relation w/ political entitie 58% 71% 38% 22% 4% 6% L. Relation w/ comm. group 59% 67% 35% 27% 6% 6% M. New program or initiative 21% 29% 54% 57% 25% 15% N. Application for grant 74% 91% 22% 6% 4% 3% O. Repone to racial profiling 34% 50% 45% 25% 20% 24% 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% Do Not Confer Chief Union 10.0% 0.0% A B C D F G H I J K L M N O 169

184 Police Labor-Management Relation (Vol. I) Informally Confer 100.0% 90.0% Chief Union 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D F G H I J K L M N O Formally Confer 100.0% 90.0% Chief Union 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D F G H I J K L M N O 170

185 Appendix A 6. More pecifically, ha your aociation/union ever been directly involved in formal dicuion of your department community policing effort Chief Union A. Strategic Planning 53% 26% B. Officer aignment to community policing dutie 37% 31% C. Scheduling in upport of community policing 43% 24% D. Geographic beat ditribution 32% 29%. Method of community engagement 27% 18% 60.0% 50.0% Chief Union 40.0% 30.0% 20.0% 10.0% 0.0% A B C D 7. Ha your aociation/union ever directly and actively oppoed a new program or initiative characterized a community policing? The majority of repondent have never experienced thi ituation. Chief Union Ye: 23% 32% 171

186 Police Labor-Management Relation (Vol. I) 8. Have you ever had a new program or initiative that you would characterize a incorporating the community policing philoophy fail becaue of oppoition from your aociation/union? (Chief) Ha your aociation/union ever impeded the implementation of a new program or initiative characterized a community policing? (Union) Chief Union Ye: 8% 25% 9. Have any of the following become an iue or generated reitance with your aociation/union in the proce of implementing change including but not limited to community policing? (Chief) Ha implementation of any of the following in conjunction with community policing program been an iue among your memberhip or generated reitance among rankand-file or their repreentative? (Union) Not a problem Some problem Seriou problem Chief Union Chief Union Chief Union A. Scheduling of peronnel 37% 31% 54% 47% 9% 23% B. Aignment of peronnel 44% 27% 50% 50% 7% 23% C. Rotation of peronnel 51% 43% 41% 44% 8% 13% D. Role of patrol officer 75% 44% 22% 40% 3% 16%. Role of invetigator 81% 70% 17% 20% 2% 10% F. Role of upervior 73% 60% 26% 30% 1% 10% G. Role of middle manager 79% 63% 20% 28% 2% 8% H. Higher peronnel tandard 70% 67% 28% 28% 3% 5% I. Civilian review board 67% 60% 17% 14% 16% 26% J. Racial profiling repone 73% 61% 22% 21% 5% 18% K. Changing work prioritie 60% 32% 35% 52% 6% 16% 172

187 Appendix A Not a Problem 100.0% 90.0% Chief Union 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D F G H I J K 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Some Problem A B C D F G H I J K Chief Union 173

188 Police Labor-Management Relation (Vol. I) 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% Seriou Problem Chief Union 0.0% A B C D F G H I J K 10. hich term bet decribe your current relationhip with aociation/union repreentative (police agency management) with regard to developing and implementing change in your agency? Chief Union A. Collaborative and fully engaged 20% 15% B. Cooperative and friendly 61% 48% C. Noncommunicative, generally neutral 11% 22% D. Antagonitic, uually oppoed 7% 7%. Hotile and bitter 1% 8% 174 Chief Repone Union Repone Collaborative Cooperative Non-Communicative Antagonitic Hotile

189 Appendix A 11. Ha there been a critical incident, e.g., a hooting, civil diturbance, diciplinary cae, that ha generated undue antagonim between management and aociation/union repreentative in recent year? Chief Union Ye: 33% 49% 12. Have you and repreentative of your aociation/union (agency management) ever done any of the following: Chief Union A. Appear at community forum together 52% 60% B. Hold dual pre conference 22% 29% C. Iue joint pre releae 23% 24% D. Participate in training program together 59% 41%. Attend conference together 52% 35% 70.0% Chief Union 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D 175

190 Police Labor-Management Relation (Vol. I) 13. The nature of the implementation of community policing philoophy varie widely, of coure. hile a philoophy, community policing often entail the implementation of pecific program or peronnel role. Do you have role in your agency that you would characterize a pecialit in general aignment community policing, e.g., neighborhood patrol officer, problem olving officer, et cetera - but not DAR, etc. Chief Union Ye: 60% 57% 14. A frequently cited hindrance to aociation/union participation with management in program and initiative planning i that the union repreentative may be een by the rank-and-file memberhip of the aociation a getting too cloe to management. Do you perceive that thi ha occurred in the hitory of your relationhip with your police department aociation (management)? Chief Union Ye: 21% 21% 15. A related iue i the obervation that if an aociation/union participate in the development of a program or policy in repone to an iue, uch a racial profiling data collection, or implementation of a civilian board, union leaderhip rik taking the blame from their memberhip for a potentially unpopular police agency repone. Have you experienced thi phenomenon? Chief Union Ye: 12% 18% 16. A third related iue i the concern that working collaboratively together may become legally formalized a a management labor pat practice, and hence be mandated by arbitrator and/or court for future endeavor, i.e., a mandate may occur to involve the union in all/mot management deciion making becaue it wa a pat practice. Ha a potential pat practice ruling ever been raied by management a a concern in the context of working collaboratively with them? Chief Union Ye: 14% 14% 176

191 Appendix A 17. Do you have any proviion in a contract, memorandum of undertanding, or other document pertaining to management labor relation that create pecial conideration, uch a flex time, for officer aigned to program that you would characterize a incorporating community policing philoophy? Chief Union A. None or not applicable 57% 57% B. Scheduling of peronnel 28% 24% C. Rotation of peronnel (tranfer) 16% 10% D. Aignment of peronnel 18% 13%. Role or nature of work iue 9% 13% F. Peronnel tandard 2% 6% G. Other 5% 14% 60.0% Chief Union 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% A B C D F G 177

192 Police Labor-Management Relation (Vol. I) 18. Auming that you have encountered undue reitance to the implementation of change, including but not limited to community policing, pleae rank order, one to ix, the ource of that oppoition. Ue number one for the ource generating the mot oppoition, number ix for the ource creating the leat. Chief Community member 4.98 City/county/tate government 4.21 Other group 4.00 Senior command taff (captain, deputy/aitant chief) 3.84 Union or aociation 2.43 Supervior and middle manager (ergeant and lieutenant) 2.39 Rank-and-file officer not operating under the aupice of an aociation 2.13 (Higher number denote more cooperation) Union Preident Community member 4.69 City/county/tate government 4.41 Senior command taff (captain, deputy/aitant chief) 3.59 Union or aociation 3.29 Supervior and middle manager (ergeant and lieutenant) 2.77 Other group 2.33 Rank-and-file officer not operating under the aupice of an aociation 2.00 (Higher number denote more cooperation) 6 5 Chief Union Community Government Other Senior Staff Union Supervior Officer

193 Appendix A 19. To what extent i there upport among aociation/union member regarding community policing? Chief Union A. Nearly total upport 20% 7% B. xtenive upport 42% 29% C. Some upport (everyone ha a little, or a few have a lot) 35% 45% D. Little upport 3% 16%. Almot no upport 2% 3% Chief Repone Union Repone Nearly Total xtenive Some Little Almot No 179

194 Appendix B APPNDIX B INDPNDNT NATIONAL POLIC UNIONS Fraternal Order of Police (FOP) Chuck Canterbury, National Preident Grand Lodge FOP 1410 Donelon Pike, A-17 Nahville, TN Telephone: Telephone: Fax: mail: glfop@grandlodgefop.org Home Page: Jim Paco, xecutive Director Legilative Office FOP 309 Maachuett Ave, N.. ahington, DC Telephone: Fax: mail: nlfop@wizard.net Note: The National FOP report a memberhip of 310,000 and ha lodge in all 50 tate. FOP National Preident Chuck Canterbury i a retired major in the Horry County Sheriff Office in South Carolina. National Aociation of Police Organization (NAPO) Thoma Nee, Preident Bill Johnon, xecutive Director NAPO 750 Firt Street, N.. Suite 920 ahington, DC Telephone: Fax: mail: napo@erol.com Home Page: Note: NAPO report a memberhip of 239,000 in 2,000 local aociation. NAPO Preident Tom Nee i a patrolman with the Boton Police Department and preident of the Boton Police Patrolmen Aociation. 181

195 Appendix C APPNDIX C AFL-CIO AFFILIATD UNIONS ITH A SUBSTANTIAL POLIC MMBRSHIP International Union of Police Aociation (IUPA, AFL-CIO) Sam Cabral, Preident 1421 Prince Street Suite 400 Alexandria, VA Telephone: Telephone: Fax: mail: iupa@ddi.com Home Page: Note: IUPA i the only AFL-CIO chartered police union and report a memberhip of 100,000 member. IUPA Preident Sam Cabral i a retired police detective ergeant from Defiance, Ohio. International Brotherhood of Police Officer (IBPO, NAG, SIU, AFL-CIO) David Holway, NAG National Preident Paul Birk, Director, IBPO Jerry Flynn, xecutive Director, IBPO 159 Burgin Parkway Quincy, MA Telephone: Fax: mail: webmater@ibpo.org Home Page: Note: The independent IBPO merged with the independent National Aociation of Government mployee (NAG) in In 1982, NAG affiliated a an autonomou diviion of the Service mployee International Union (SIU, AFL-CIO). IBPO i a diviion of NAG. SIU ha chartered police union outide of IBPO/ NAG. NAG report a memberhip of 50,000 member, but no eparate figure are available for IBPO memberhip. The bet etimate for IBPO memberhip i le than 10,

196 Police Labor-Management Relation (Vol. I) National Coalition of Public Safety Officer (NCPSO, CA, AFL-CIO) Chri McGill, Preident John H. Burpo, xecutive Director NCPSO 3355 Bee Cave Road Suite 604 Autin, TX Telephone: Fax: mail: Home Page: Note: NCPSO i a ector of the Communication orker of America (CA, AFL-CIO). CA report a memberhip of 700,000 and NCPSO report that 26,000 of thoe member are in the police and correction ector. NCPSO Preident Chri McGill i a police officer with the l Pao Police Department. American Federation of State, County and Municipal mployee (AFSCM, AFL-CIO) Gerald Mcntee, Preident AFSCM 1625 L Street, N.. ahington, DC Telephone: Fax: mail: webmater@afcme.org Home Page: Note: AFSCM report a memberhip of 1.4 million. There are no memberhip figure available for the number of law enforcement officer in AFSCM. AFSCM Correction United repreent 75,000 correction officer. International Brotherhood of Teamter (IBT) Jame P. Hoffa, Preident IBT 25 Louiiana Ave, N.. ahington, DC Telephone: Fax: mail: Publicmployee@teamter.org Home Page: Note: The Teamter International report a memberhip of 1.4 million. Law enforcement officer are a part of the 140,000-member Public mployee Diviion but no eparate figure are reported. 184

197 Appendix D APPNDIX D AFFILIATIONS OF POLIC UNIONS IN 100 LARGST MUNICIPALITIS The following chart repreent the police union recognized a the collective bargaining agent for the rank of police officer in the 100 larget municipal police department. If no union i recognized by the city a the bargaining agent, the police union() with a ubtantial memberhip that include police officer i lited. Rank Population City ST Police Union Affiliation Contract 1 8,008,278 New York NY Patrolmen Benevolent Aociation of New York City 2 3,694,820 Lo Angele CA Lo Angele Police Protective League, Local 714 NAPO IUPA/NAPO 3 2,896,016 Chicago IL F.O.P. Lodge 7 FOP Ye 4 1,953,631 Houton TX Houton Police Officer Union NAPO Ye 5 1,517,550 Philadelphia PA F.O.P. Lodge 5 FOP Ye 6 1,321,045 Phoenix AZ Phoenix Law nforcement Aociation 7 1,223,400 San Diego CA San Diego Police Officer Aociation 8 1,188,580 Dalla TX Dalla Police Aociation F.O.P Lodge ,144,646 San Antonio TX San Antonio Police Officer Aociation ,270 Detroit MI Detroit Police Officer Aociation ,943 San Joe CA San Joe Peace Officer Aociation NAPO Independent NAPO FOP NCPSO/ NAPO NAPO Independent ,926 Indianapoli IN F.O.P. Lodge 86 FOP Ye ,733 San Francico CA San Francico Police Officer SIU Ye Aociation, Local ,617 Jackonville* FL F.O.P. Lodge 5/30 FOP Ye ,470 Columbu OH F.O.P. Lodge 9 FOP Ye ,562 Autin TX Autin Police Aociation NCPSO/ Ye NAPO ,154 Baltimore MD F.O.P. Lodge 3 FOP Ye ,100 Memphi TN Memphi Police Aociation Independent Ye ,974 Milwaukee I Milwaukee Police Aociation, Local 21 IUPA Ye Ye Ye Ye No No Ye Ye Ye Ye 185

198 Police Labor-Management Relation (Vol. I) Rank Population City ST Police Union Affiliation Contract ,141 Boton MA Boton Police Patrolmen Aociation, Local 16, ,059 ahington DC Ditrict of Columbia FOP Police Labor Council ,662 l Pao TX l Pao Municipal Police Officer Aociation IUPA/NAPO ,636 Denver CO Denver Police Protective Independent Ye Aociation ,524 Nahville TN F.O.P. Lodge 5 FOP Ye ,828 Charlotte NC F.O.P. Lodge 9 Charlotte-Mecklinburg Police Benevolent Aociation FOP IUPA No No ,694 Fort orth TX Fort orth Police Officer NAPO No Aociation ,121 Portland OR Portland Police Aociation NAPO Ye ,132 Oklahoma City OK F.O.P. Lodge 123 FOP Ye ,699 Tucon AZ Tucon Police Officer NCPSO Ye Aociation ,674 New Orlean LA Police Aociation of NAPO No New Orlean ,434 La Vega NV La Vega Police Protective IUPA Ye An., Metro, Local ,403 Cleveland OH Cleveland Police Patrolmen IUPA Ye Aociation, Local ,522 Long Beach CA Long Beach Police Officer FOP Ye Aociation ,607 Albuquerque NM Albuquerque Police Officer FOP Ye An., F.O.P. Lodge ,545 Kana City MO Kana City Police Officer FOP No An., F.O.P. Lodge ,652 Freno CA Freno Police Officer Independent Ye Aociation ,257 Virginia Beach VA F.O.P. Lodge 8 Virginia Beach Police Benevolent An., Local 34 FOP IUPA No No ,474 Atlanta GA Atlanta Police Union, Local 623 IBPO No ,018 Sacramento CA Sacramento Police Officer Aociation Independent Ye FOP NCPSO/ NAPO ,374 Seattle A Seattle Police Officer Guild NCPSO Ye Ye Ye Ye 186

199 Appendix D Rank Population City ST Police Union Affiliation Contract ,484 Oakland CA Oakland Police Officer Aociation ,375 Mea AZ F.O.P. Lodge 9 Mea Police Aociation Independent FOP Independent ,049 Tula OK F.O.P. Lodge 93 FOP Ye ,007 Omaha N Omaha Police Union, Local 101 IUPA Ye ,618 Minneapoli MN Minneapoli Police Officer Independent Ye Federation ,470 Miami FL F.O.P. Lodge 20 FOP Ye ,890 Colorado Spring CO Colorado Spring Police Independent No Protective Aociation ,189 St. Loui MO F.O.P. Lodge 9 FOP No St. Loui Police Officer Aociation, F.O.P. Lodge ,284 ichita KS F.O.P. Lodge 5 FOP Ye ,977 Santa Ana CA Santa Ana Police Officer IUPA Ye Aociation, Local ,563 Pittburgh PA F.O.P. Lodge 1 FOP Ye ,969 Arlington TX Arlington Police Aociation NAPO No ,285 Cincinnati OH F.O.P. Lodge 69 FOP Ye ,014 Anaheim CA Anaheim Police Aociation Independent Ye ,619 Toledo OH Toledo Police Patrolmen IUPA Ye Aociation, Local ,447 Tampa FL et Central Florida Police NAPO Ye Benevolent Aociation ,648 Buffalo NY Buffalo Police Benevolent NAPO Ye Aociation ,151 St. Paul MN St. Paul Police Federation Independent Ye ,454 Corpu Chriti TX Corpu Chriti Police Officer NAPO Ye Aociation ,393 Aurora CO Aurora Police Aociation Independent Ye ,093 Raleigh NC F.O.P. Lodge 141 Raleigh Police Protection Aociation, IUPA Local 99 FOP IUPA No No ,546 Newark NJ F.O.P. Lodge 12 FOP Ye ,512 Lexington KY F.O.P. Lodge 4 FOP No ,283 Anchorage AK Anchorage Police Department mployee Aociation NAPO Ye No No Ye 187

200 Police Labor-Management Relation (Vol. I) Rank Population City ST Police Union Affiliation Contract ,231 Louiville KY F.O.P. Lodge 6 FOP Ye ,166 Riveride CA Riveride Police Officer Independent Ye Aociation ,232 St. Peterburg FL Pinella County Police NAPO Ye Benevolent Aociation ,057 Bakerfield CA Aociation of Bakerfield Police Independent Ye Officer ,771 Stockton CA Stockton Police Officer Independent Ye Aociation ,820 Birmingham AL F.O.P. Lodge 1 Birmingham Police Union, Local 1871 FOP IUPA No No ,419 Hialeah FL Jerey City Police Benevolent NAPO Ye Aociation ,055 Jerey City NJ F.O.P. Lodge 3 FOP No Norfolk Police Union, Local 412 IBPO No ,403 Norfolk VA Baton Rouge Union of Police, IUPA Local 237 Ye ,818 Baton Rouge LA Dade County Police Benevolent NAPO Ye Aociation ,581 Lincoln N Lincoln Police Union Independent Ye ,891 Greenboro NC Greenboro FOP Lodge 79 FOP No Greenboro Police Officer Aociation, IUPA IUPA No ,030 Plano TX Plano Police Aociation Independent No ,773 Rocheter NY Rocheter Police Locut Club NAPO Ye ,812 Glendale AZ Glendale FOP Lodge 12 Glendale Law nforcement Aociation FOP Independent No No ,074 Akron OH F.O.P. Lodge 7 FOP Ye ,768 Garland TX Garland Police Officer Aociation F.O.P. Lodge 68 Independent FOP No No ,054 Madion I Madion Profeional Police NAPO Ye Aociation ,727 Fort ayne IN Fort ayne Policemen Independent Ye Benevolent Aociation ,413 Fremont CA Fremont Police Aociation Independent Ye ,705 Scottdale AZ F.O.P. Lodge 35 FOP No 188

201 Appendix D Rank Population City ST Police Union Affiliation Contract ,568 Montgomery AL F.O.P. Lodge 11 FOP No ,145 Shreveport LA Shreveport Police Aociation, IUPA No IUPA Local ,564 Lubbock TX Lubbock Profeional Police NAPO No Aociation ,184 Cheapeake VA Cheapeake Coalition of Police, IUPA Local 5020 F.O.P Lodge 9 IUPA FOP No No ,915 Mobile AL Mobile Police Aociation FOP No ,682 De Moine IA De Moine Police Bargaining Unit NAPO Ye ,800 Grand Rapid MI F.O.P. Lodge 97 FOP Ye ,790 Richmond VA Richmond Coalition of Police, IUPA Local 5001 F.O.P. Lodge 2 IUPA FOP No No ,086 Yonker NY Yonker Police Benevolent IUPA Ye Aociation, Local ,629 Spokane A Spokane Police Guild Independent Ye ,182 Auguta GA None No No ,973 Glendale CA Glendale Police Officer Independent Ye Aociation ,556 Tacoma A Tacoma Police Union, Local 6 IUPA Ye ,615 Irving TX Irving Police Officer Aociation Irving Police Patrolmen Union, Local 323 Independent IUPA No No ,594 Huntington Beach CA Huntington Beach Police Officer Aociation Independent Ye Note The International Brotherhood of Police Officer (IBPO) ha an affiliation with the National Aociation of Police Organization (NAPO) which give the IBPO affiliate in Atlanta (Georgia), Charlotte (North Carolina), and Norfolk (Virginia) acce to NAPO ervice. 189

202 Appendix APPNDIX CONTACT INFORMATION Project Coordinator Ronald G. DeLord Preident, Combined Law nforcement Aociation of Texa 400 et 14th Street Suite 200 Autin, TX Telephone: mail: eb Site: Jerry Sander Chief, San Diego Police Department (Retired) 750 B Street Suite 2320 San Diego, CA Telephone: , x102 -mail: gr@vccllc.com Union Adviory Team Philip D. Cameron Pat Preident, Florida State FOP Lodge 242 Office Plaza Tallahaee, FL Telephone: mail: FTLFOP31@aol.com eb Site: Michael D. dward Pat Preident, Seattle Police Officer Guild th Avenue South Seattle, A Telephone: mail: @eattlepoliceguild.org eb Site: Management Adviory Team Mark. Alley Chief, Laning Police Department 120. Michigan Avenue Laning, MI Telephone: mail: malley@ci.laning.mi.u eb Site: Jerry L. Hoover Chief, Reno Police Department (Retired) MGT of America 4344 Dant Boulevard Reno, NV Telephone: mail: jhoover@mgtofamerica.com eb Site: Harold L. Hurtt Chief, Houton Police Department 1200 Travi Street Houton, TX mail: harold.hurtt@cityofhouton.net eb Site: Contributing Author Shelly ilkion Co-Owner Media and Political Strategie, Inc. 301 Palomino Place Liberty Hill, TX Telephone: mail: wilkion@mindpring.com 191

203 Police Labor-Management Relation (Vol. I) Ted Hunt, Ph.D. Secretary Lo Angele Police Protective League 1308 et 8th Street Lo Angele, CA Telephone: mail: eb Site: Mark Burge Chief xecutive Officer Police Federation of Autralia Level 1, 21 Murray Crecent Griffith ACT 2603 Autralia Telephone: mail: eb Site: Dale Kinnear Director of Labour Service Canadian Profeional Police Aociation 141 Catherine Street Ottawa, ON K2P 1C3 Canada Telephone: x 228 -mail: dkinnear@cppa-acpp.ca eb Site: ill Harrell xecutive Director ACLU of Texa 1210 Roewood Autin, TX Telephone: mail: wharrell@aclutx.org eb Site: Michael Shannon MANDAT P.O. Box 2124 oodbridge, VA Telephone: mail: mandate@home.com Sheldon Greenberg, Ph.D. Director, Public Safety Leaderhip School of Profeional Studie in Buine and ducation John Hopkin Univerity 6716 Alexander Bell Drive Suite 200 Columbia, MD Telephone: mail: greenberg@jhu.edu eb Site: pl.jhu.edu/program/pl.cfm Conultant Larry Hoover, Ph.D. Jerry Dowling, J.D. Jutex Sytem, Inc. P. O. Box 6224 Huntville, TX Telephone: mail: Jutex@jutex.com eb Site: Office of Community Policing Service (COPS Office) Robert Chapman Senior Social Science Analyt U. S. Department of Jutice Office of Community Policing 1100 Vermont Avenue, N.. ahington, DC Telephone: mail: robert.chapman@udoj.gov eb Site: 192

204 For More Information: U.S. Department of Jutice Office of Community Oriented Policing Service 1100 Vermont Avenue, N.. ahington, DC To obtain detail on COPS program and reource, call the COPS Office Repone Center at e ISBN: July 2006