Wellington
January 5, 2023
The 4 cops accused of murder and negligence in Minneapolis had a supervisor, who had a captain, who had a deputy chief of police, who had a chief of police, who had a police commissioner, who serves at the pleasure of the mayor, who is supported by Aldermen who are voted on by the people.
This cop accused of murder, Chauvin, had been responsible for several deaths and many complaints. Why he still had a job is a mystery to me, but not really. The St. Louis Police Officers Association – and other police unions, are very influential within the political landscape of a city. Politicians running our cities act all shocked when their negligence and incompetence leave bad cops in place, all the while coveting the political support of unions like the SLPOA.
These politicians need to stop acting shocked and stop doing the same thing and expecting a different result. It’s almost enough to make one wonder if chaos is the purpose.
I have a few ideas for improving how city police departments are run.
Collective Bargaining Agreement Not the Final Rules for Police Discipline
I am a security officer whose discipline is controlled by our CBA. To fire me, our company has to cross I’s and dot T’s. My job as a shop steward is to make sure those procedures are followed to the letter, which means eventually a dirtbag guard will skate when they needed to be fired.
Some group who has to run for office needs to be the final say in whether a cop stays on the job after being disciplined. I do not think that simple misbehavior – late to work, uniform violations etc. should be under the purview of any alderman or state representative, but in the case of a violent act departmental discipline should be subject to review by elected officials – civilian review boards are not a good solution because the people are not going to be able to vote on their keeping their jobs. Perhaps a board like a school board where those charged with reviewing the actions of police are elected and can be voted out of office if they fail to satisfy their duties.
Fired Cops Lose their State License
I personally know of a cop who was a serious shitbag getting fired from one department to be hired to another to be fired again (and hired by a security firm, only to be fired again). The State is the controlling authority in granting police commissions. I think a review board should be able to refer a cop to the State for the loss of license, much like a Bar association can strip a lawyer of their license.
Prior Bad Conduct Part of a Cop’s Permanent Record
Many CBAs forbid the exposure of prior misconduct in future proceedings. That means that authorities and the public are unable to see a pattern of misconduct. A record of misconduct should be part of a decision to revoke a cop’s license.
Again, city officials are signing these CBAs and agreeing to them which means they are idiots and deserve opprobrium.
Vigorous State Enforcement of Revenue Limits
I understand that the State limits how much revenue can come from fines and citations. However, many municipalities are using their cops as revenue agents and are using their police powers to fleece residents and visitors. Many of these municipalities are, I believe, flout these limits set by the state. The Attorney General should investigate vigorously and fine the shit out of these municipalities. How much animus is the result of Bella Villa or Berkely cops running you down and hitting you up for a fine?
Limit or Eliminate Qualified Immunity
Qualified Immunity is a legal fiction invented in the late 60s to shield government officials from frivolous lawsuits as they discharged their duties. Essential a government official can utterly and completely fuck up thier job, and only the taxpayers have to pay for their incompetence and negligence.
The Supreme Court expanded QI to include cops. I think that the logic is sound, but it has lead to many cases where cops have skated. I also think the limit of QI ought to apply to elected officials so that someone can get sued for things like the Delmar Loop Trolley.
Extend Castle Doctrine to Businesses and Include Mob Action as a Self Defense Event
I am not sure how to articulate this…If, during the riots in St. Louis, an armed business owner had opened fire on a mob, I have no doubt the businessperson would have been arrested and charged with a crime.
By contrast, the FedEx driver who escaped the mob by driving through resulting in the death of a likely looter was not charged.
I would like to see armed citizens voluntarily deterring rioters at the writ of the business owner. Thugs and criminals seek easy targets, and as the “roof Koreans” proved during the LA riots, armed deterrence can save neighborhoods. The press would likely mewl about how killing someone over looted twinkies is a horrible crime. Such people have never been surrounded by screaming violent people and the terror it can invoke.
This is no small thing. Post-rioting, there are jurisdictions with no functioning grocery stores and those most affected by not being able to shop in their neighborhood are those least able to make a trek for basic needs.
Reduce Top-Heavy Police Forces
I am not sure what the ratio of desk-jockey cops to beat cops is in St. Louis, but a top-heavy force puts fewer cops on the street keeping the peace. Many CBAs are negotiated to afford automatic promotions rather than promotions based on need. Perhaps our “white shirt” police should be required to patrol on a regular basis.
Elected Police Board
I would support a police review board of about 5 people, with 2 appointed by the Mayor and the rest elected during routine elections. This board would be responsible for reviewing and approving pending CBAs and reviewing disciplinary actions. This board – beholding to the people through election – would be responsible for final decisions. Once a board has made a decision, there is no appeal except perhaps the mayor who then can “own” the problem on election day.
End Participation in Federal Programs
I think it is a mistake to participate in Federal programs that in turn lead to police excesses and perverse incentives. For instance, jurisdictions that participate in asset forfeiture have a perverse incentive to go after assets rather than criminals – the seizure of some sweet cheddar more important than removing a criminal from society.
Another example is the acceptance of decommissioned military equipment. I think it sends a terrible message to the cops – much less citizens – to have MRAPPs and Hummers grinding through our streets. Cops are officers of the court, and while ballistic vests and proper armament are important, we should only have a handful of SWAT officers for very specific emergencies.
End “No Knock” Raids
We have witnessed a series of tragedies where the police engaging in a “no knock” raid (or simply making a tactical decision to not knock) where innocent citizens are hurt or killed. I do not see the utility of a no-knock raid that is sufficient to placing residents at risk.
Further, I would place professional liability on all those who authorize a raid. Not sure what that would be, but we in the private sector suffer repercussions when we are catastrophically wrong.
Professional Liability Insurance
Insurance companies are excellent at managing risk. An officer who is required to carry professional liability insurance will be influenced to good conduct if he could lose his job because he can no longer afford the insurance premium, much like a bad driver (though unlike a driver, the cop will no longer be a cop and can’t be an “uninsured police officer”)
Departments or their union can cover the cost of the premium, but the cop needs to carry some of the freight, to have a skin in the game.
Protect Your Best Cops
There is something in life called the Pareto Distribution that describes how 20% of people are far more productive than are the rest of their cohort.
It seems to me that a good cop is active in catching bad guys, and if you have more interactions with the criminal element, eventually you’ll have more complaints because criminals will throw any hail-mary to get out of their troubles.
Whatever we do to reform, we’ll hurt our city if we chase away our best cops and only leave cops who are adept at staying out of trouble.
