Texas police labor leaders generally viewed Bush as a hindrance to their efforts at expanding bargaining and due process rights for officers, although the legislature never passed a collective bargaining law for his signature. "We are better off with (Rick) Perry," a Texas police labor leader told Police Labor Monthly recently, referring to Bush's successor as governor. 

During the presidential campaign Bush stated that he favored local control over police departments and that the federal government should support rather than "second-guess" them. While this may mean police officer labor legislation will not be viewed favorably by the new administration, it also could be a sign that federal "pattern and practice" suits against police departments may be curtailed. The latter result is apparently a fear of the American Civil Liberties Union (ACLU). Last month, the ACLU asked a federal judge in Los Angeles to allow it to intervene in the DOJ's litigation against that city's police department. In its motion the ACLU, referring to the new President's comments, said, "Second-guessing is, of course, precisely what the U.S. Department of 

Since 1994 the Civil Rights Division of DOJ has instituted a half-dozen lawsuits against local law enforcement agencies alleging a pattern of unconstitutional behavior primarily involving excessive force use and racial discrimination issues. In several of those communities an outside monitor has been appointed by the court to oversee the restructuring of the police department. 

Earlier this month, Gilbert G. Gallegos, National President of the Fraternal Order of Police, and Executive Director Jim Pasco were named to the Bush-Cheney Justice Department Transition Advisory Team. The members of this team represent every facet of the legal and criminal justice community, however, the FOP is the only law enforcement labor organization to be selected. 

According to Gallegos, during the campaign President-elect Bush pledged to involve the FOP in a myriad of law enforcement related issues, a main reason for the FOP's endorsement of the Bush candidacy in September 2000. Ironically, the FOP board initially endorsed Al Gore. 

"President-elect Bush is keeping his promise to our nation's police officers, keeping his pledge to give the FOP a seat at the table and the opportunity to make our views known to the new administration," said the FOP National President. 

Gunshots took the lives of 51 while automobile accidents claimed 47 officers. Twenty officers were struck and killed by automobiles while outside their own police cars. One officer died in an incident involving a horse while another was killed by a bomb. Six of the 151 officers were females. 

NLEOMF Chairman Craig W. Floyd noted that on average, one police officer is killed every 57 hours. In addition, 62,000 assaults are committed annually against officers resulting in more than 21,000 injuries. 

Records of the NLEOMF, which date back to 1792, show that 15,000 officers have been killed in the line of duty over the course of the nation's history. 

The loud, but peaceful, protest was in contrast to a rally in 1992 where some officers hurled slurs and obscenities at then-Mayor David Dinkins who negotiated a wage freeze. A media campaign accompanied this month's protest as the PBA purchased advertisements on the mayor's radio program claiming NYPD salaries were 23 percent 

Police officials estimated about 7,000 off-duty officers, families, and friends participated in the demonstration. PBA officials claimed 12,000 to 15,000 protestors. As many as 500 on-duty police supervisors were also present to maintain order. 

Attending the rally in support of the officers were several local politicians as well as Jerry Orbach, who portrays detective Lenny Briscoe on the "Law and Order" television show. Also, attending was actor Al Lewis, best known for his role as Grandpa Munster. Lewis was previously a candidate for New York City mayor. 

Mayor Giuliani contends that a 39 percent raise would cost $7 to $8 billion if granted to all city employees and would force the municipality into bankruptcy. The unions claim officers should be rewarded for the dramatic drop in the city's crime rate. Reported crime has declined 57 percent since Giuliani took office seven years ago. Officers have not seen a pay hike in over two years. 

The investigation was prompted by Gerald G. Neill, the current chairman of the FOP labor committee. Upon attaining the leadership position 

Tracy led the labor committee for two years. Neill defeated him in last year's election. He is now retired from the D.C. Metropolitan Police 

Tracy's name and that of at least two other committee members have been linked to purchases of clothing and artwork. Charges were also incurred at a Pennsylvania vacation resort. 

Tracy has denied knowledge of the purchases. 

Supreme Court update 

No action has been taken yet on Neal v. St. Louis, Missouri, Board of Police Commissioners, No. 00-850. This matter, which was filed recently, raises the question of whether the police department is liable for failure to train an officer in proper undercover procedures. The officer inadvertently shot and killed another officer during a covert operation. A suspect pointed a gun at one officer's head. The second officer fired at the suspect several times. Unfortunately, one shot hit his fellow officer, killing him. The deceased officer's family sued the department. Lower federal courts ruled that deliberate indifference to training was insufficient to establish liability. Only a "purpose to cause harm" to the deceased officer would support a monetary judgment under federal civil rights law. 

Cases of interest 

HELD: Burns' suit is based on Title 42 United States Code, Section 1985 which confers a private right of action for injuries occasioned when two or more persons conspire to deprive any person of equal protection of the laws. He claims a conspiracy of race discrimination by the union and its officer. A review of the evidence fails to establish such a conspiracy. There is no indication that the union vice president was involved in any of the incidents Burns cites. Similarly, the vice president was not involved with the publication of the newspaper article. Burns has attempted to construct a civil rights conspiracy case by superimposing general allegations of racism by a few members of the state police force, not the union vice president, on several incidents in which he unquestionably was treated unfairly. He relies most heavily on opposition expressed by a union board member to the creation of the minority police officers' association. This evidence is too weak to establish the type of conspiracy the federal statute seeks to prevent. There is insufficient evidence for a jury to find a racially-motivated conspiracy. Dismissal of case affirmed. [Burns v. State Police Association of Massachusetts, 230 F.3d 8 (1st Cir. 2000)] 

HELD: McCall alleges a violation of federal fair employment laws on the basis that the city processed a white candidate with scores lower than his, the city actually hired white candidates with written scores lower than his as well as hired a candidate with the same score as McCall. To make out a case McCall must show that he is a member of a protected class, that he actually applied for a position and was qualified, and that he was not hired, and that the position was filled by a person not a member of that class. In essence, he must show that he was treated differently than similarly situated whites. The evidence fails to establish such a claim. Those who scored lower on the written exam were hired because they received preference points as veterans. Likewise, the white appointee who had the same final score as McCall submitted his application before McCall. McCall asserts that the city failed to employ the tie-breaking procedure it specified in its exam announcement but rather used the number sequence of the applications. He further asserts that he was not notified that the time of his application could affect appointment in the event of a tie. The evidence shows, however, that no applicant was so advised. Thus, McCall was not treated differently than anyone else. The city's assignment of preference points to deserving applicants does not disparately impact African-Americans. McCall does not suggest that the city prevented African-Americans from obtaining those veteran points. Additionally, the fact that the city had adopted an affirmation action plan does not 

HELD: The Pregnancy Discrimination Act (PDA) declares it unlawful to discriminate on the basis of pregnancy, childbirth, or related medical conditions. The PDA provides that women affected by pregnancy shall be treated the same for all employment purposes as other persons not so affected but similar in their ability or inability to work. The evidence reflects that Minott is a member of a protected class - a woman who was pregnant - 

HELD: The Supreme Court has made clear 

HELD: The city seeks vacation of an arbitrator's award reinstating a police officer to the force. Massachusetts' law strongly favors arbitration; thus, judicial review of arbitration awards is severely limited. One ground upon which an award may be reviewed by the courts is the public policy exception. Because governmental entities may not enter into contracts that are against public policy, arbitrators may not award relief of a nature that offends public policy. Any award offending public policy exceeds the powers of an arbitrator. Massachusetts uses a three-part test to determine whether an arbitrator's award reinstating an employee may be overturned on public policy grounds. First, the public policy must be well defined and dominant. Second, the conduct must be disfavored conduct that is integral to the performance of the employee's duties. Third, the employee's conduct must pose an immediate threat to the general public. While the arbitrator's decision does not encompass conduct that violates any statute or regulation, it does permit the continued presence on the police force of someone whose past and current conduct raises a strong inference that 

HELD: The union does not argue that the township was bound by contract to place Gonzalez in step 3 of the pay plan. Rather, the union claims the township is statutorily required to negotiate changes in past practice. The records reflect that 

HELD: Courts have a limited role in New Jersey in reviewing a decision of an administrative agency. Reversal of an administrative decision is only appropriate if the decision is arbitrary, capricious, or unreasonable, or it is not supported by substantial credible evidence in the record as a whole. If a penalty imposed by an agency is found to be arbitrary, the court may finally determine the matter by affixing the appropriate penalty. Circumstances of this case dictate reversal of the reduction in punishment imposed by the merit board and reinstatement of the dismissal. While the board recognized the seriousness of Hall's offense and its intentional and criminal nature, its punishment was inconsistent with that recognition. Prior case law has consistently held that officers who engage in intentional criminal misconduct may be dismissed from their position. Here, Hall, while wearing part of his police uniform and displaying his service revolver, engaged in behavior that constituted attempted theft and possible bribery. Given the nature of the offense and Hall's prior record of repeated infractions, the board's reduction of his termination to a mere suspension was capricious and unreasonable. Neither the city nor its citizens should be obligated to maintain a thief as an officer of the law. Reversed for city ordering police officer dismissal. [In the matter of Kevin Hall, 760 A.2d 1148 (N.J. Super. Ct. App. Div 2000)] 

HELD: Under South Carolina law a purely mental injury resulting from emotional stimuli is compensible under the worker's compensation law only if the claimant establishes that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment. A review of the record reveals there is substantial evidence that Shealy's work conditions were unusual and extraordinary. He experienced death threats, gun incidents with violent drug dealers, high-tension confrontations, fear of losing his cover, loss of security as a police officer, and loss of his insurance. Knowing that a specific plot had developed for one's murder by people who are willing and able to commit such a crime is certainly extraordinary. Knowing that he would be stripped of his protection of the sheriff's department constitutes an extraordinary condition of employment. However, for Shealy to recover worker's compensation benefits he must prove that he was exposed to unusual and extraordinary conditions and that these conditions were the proximate cause of his mental breakdown. The hearing board made a determination that Shealy failed to meet this burden because of outside stressers unrelated to his work. He was suffering from financial problems that led to bankruptcy as well as marital problems. In addition he had memories of a gunfight during a previous employment and the constant stress of alcoholism. Based on these non-job stressers, the court must conclude that there is substantial evidence to support the hearing board's determination that Shealy's psychological injuries were not caused by unusual conditions of his employment. Denial of worker's compensation benefits affirmed. [Shealy v. Aiken County, 535 S.E.2d 438 (S.C. 2000)]