Understanding the Recommissioning of Fired Police Officers
Police officers who are fired from one department are often rehired by others. This phenomenon is not just a misdemeanor, but a complex issue with deeply rooted reasons. In this article, we will explore the various factors that allow this to happen and why smaller departments might be more willing to take on these officers.
Departments and Discipline: Beyond the News
The reasons for an officer's firing are not solely a matter of misconduct reported on major news channels. Much like any corporate sector, termination can stem from a myriad of reasons, including performance issues, policy violations, and personal behavior. Smaller police departments, especially those without collective bargaining, have more flexibility in handling disciplinary actions.
Think of your own job; different departments have varying approaches to handling employee misconduct. In small departments, personalities can play a more significant role, and an officer might be terminated for reasons that don't always end up in the public eye. Smaller departments can recognize that an officer may have been wronged, or they may simply be more easily swayed by the prospect of having an officer on board.
The Role of Lawsuits and Qualified Immunity
A department might hire an officer terminated for serious issues, such as excessive force, with the knowledge that they could face a lawsuit. Even if the officer is cleared under qualified immunity, this does not absolve the department from potential legal action. Qualified immunity is a legal doctrine that protects government officials, such as police officers, from personal liability for civil damages resulting from unreasonable searches or seizures. However, the department will still be held responsible for the officer's actions.
Specific Examples and Statistics
A good example is the case of officers from Petaluma and Santa Rosa, who are often rehired in smaller towns like Cotati, a town with a population of just 8000. Cotati, unable to be too selective, and unable to afford to hire high-quality officers, might welcome these officers. This practice is not unique to this town but is a broader phenomenon in policing.
A 2020 investigation by Reuters uncovered troubling records from 37 of the largest police forces in the United States. In 2017, these departments hired nearly 91,000 officers and had fired 1,881 over the previous decade. At least 451 of those fired officers appealed and were reinstated, highlighting the inconsistency in police recruitment and firing.
The Impact of Arbitration and Policing Unions
A combination of factors, including chronic understaffing, police arbitration, and the invocation of qualified immunity, often intervene when departments attempt to fire officers. According to a 2016 law review article by attorney Tyler Adams, arbitrators commonly overturned discipline in Chicago, Houston, Cincinnati, and Portland. Studies show that arbitrators reduced or simply overturned police officer discipline in more than half of their appeals between 2006-2020, as reported in a 2021 study by Stephen Rushin, a law professor at Loyola University Chicago School of Law.
An example of this is Washington D.C., where an audit revealed that 36 of the 49 officers fired between 2015 and 2021 were reinstated, and each received an average of $374,000 from the District.
Another example comes from the Alameda County Sheriff's Office in California. In September, the department had stripped 47 officers of their duties after they received "unsuitable" grades on their psychological fitness-for-duty exams. However, these officers were returned to duty after an issue arose, involving a deputy charged with a double murder, including the killing of a woman he was having an affair with.
Conclusion
Understaffing and the reluctance of police departments to take disciplinary actions seriously are key factors in the rehiring of fired officers. Arbitration and union actions often reverse these decisions, and qualified immunity protects officers from personal liability, leaving departments to bear the legal fallout.
It is clear that this is a multifaceted issue that requires careful examination and reform. Only by addressing these underlying causes can we hope to see positive changes in the recruitment and retention of police officers.