[Peace-discuss] Fw: [police oversight] fw: HR Bill 413 - A National Police Unaccountability Bill

Jenifer Cartwright jencart13 at yahoo.com
Fri Apr 16 17:38:11 CDT 2010


I'm suspicious of the knee-jerk response. I've been around unions all my life, and it's the administration, not the workers, who take advantage -- or try to -- of loopholes. This deserves a closer look before we write it off. --Jenifer

--- On Fri, 4/16/10, Laurie Solomon <ls1000 at live.com> wrote:

From: Laurie Solomon <ls1000 at live.com>
Subject: [Peace-discuss] Fw: [police oversight] fw: HR Bill 413 - A National Police Unaccountability Bill
To: "BALDWIN RICKY" <baldwinricky at yahoo.com>, "Dolinar Brian" <briandolinar at gmail.com>, "Johnson Dave" <unionyes at ameritech.net>, "Kessel Barbara" <barkes at gmail.com>, "peace-discuss" <peace-discuss at lists.chambana.net>, "ROSALES GIRALDO" <grosales at ad.uiuc.edu>, "sf-core" <sf-core at yahoogroups.com>
Cc: "BRUSSEL MORT" <brussel at illinois.edu>, "Rosales Melodye" <melodye at nitrogendesign.com>, "Rent Todd" <terent at city.urbana.il.us>, "Graham Emery" <greatshot5 at comcast.net>
Date: Friday, April 16, 2010, 12:10 PM

I thought some might want to take notice of this.

--------------------------------------------------
From: "Debbie Russell" <debmocracy at yahoo.com>
Sent: Thursday, April 15, 2010 11:26 AM
To: <policeoversight at yahoogroups.com>
Subject: [police oversight] fw: HR Bill 413 - A National Police Unaccountability Bill

> http://www.injusticeeverywhere.com/?p=2181
> 
> I didn't realize all unions didn't have these powers already....being down har' in TX and all...
> Debbie
> 
> URGENT UPDATE! -04/13/10 21:36PST
> 
>    Folks, congress is apparently trying to push this one through on a fast track. Last night Senator Harry Reid introduced Senate bill 3194 that has nearly identical wording as S.1611 and HR 413 in a way that will force it to the Senate floor for a vote tomorrow which would send the bill to the House where they plan to amend it to their bill which would do away with the need to put it in a conference committee, sending it straight to the president for signature into law.
> 
>    Simply put, this law would force every law enforcement agency in the US to allow police unions to have a say not only in pay and benefit issues, but also in disciplinary policies. If you thought it was hard to hold cops accountable for misconduct now, just wait until police unions get to influence disciplinary policies in every police department and sheriff's office in the US!
> 
>    This is one nasty piece of legislation and we must voice our opposition to it NOW, before they sneak it through congress before anyone knows what hit them!
> 
> I've talked a lot in the past about how the inability of many police departments to hold police officers accountable for misconduct and the lack of transparency for disciplinary records and investigations into allegations of misconduct are the result of police unions having the ability to negotiate on disciplinary and investigative policy items during contract talks.
> 
> For example, the police union here in Seattle Washington has been able to insert loopholes in the disciplinary process by imposing time limits on investigations. They have been able to tweak the contract language so that dishonesty cannot be grounds for dismissal even when the city thought it could be. They were able to give themselves five different avenues of appeal for overturning disciplinary actions against problematic cops, including use of highly biased arbitrators who almost always side with the officer in matters of disciplinary action. They have even been able to dictate what information can be shared with the public and even with the police oversight committees themselves.
> 
> All this because the state has granted the police unions the right to negotiate the conditions of employment with their employers, which includes the right to negotiate how they can and cannot be investigated and disciplined for allegations of misconduct.
> 
> Now, this isn't the case everywhere at the moment, but how would you like it if this right was granted to every police union in the United States and if federal law mandated that every police department in the US was represented by a police officer's union?
> 
> This is what House Bill HR 413: "The Public Safety Employer-Employee Cooperation Act of 2009″ sponsored by Dale Kildee (D-MI) and 204 other representatives, and it's Senate companion Senate bill S.1611 sponsored by Judd Gregg (R-NH) and 20 other senators, would do.
> 
> This bill, if passed, would force all local and state governments to follow these same problematic process that places like Seattle Washington and other similar cities have to follow by allowing police unions dictate police accountability and transparency policies for departments where officers almost never get fired and, when they do, they are always rehired with back pay at taxpayer expense after an expensive and biased appeals process.
> 
> In essence, this bill would risk making it much more difficult for every local and state government in the US to hold their police officers accountable for police misconduct. It would do more harm to issues of police accountability and transparency that even Supreme Court Justice Anton Scalia ever could. All because it forces every department to negotiate disciplinary and public disclosure practices with police unions.
> 
> Currently the National Fraternal Organization of Police is sending out mailers encouraging it's members to start pressuring their representatives and senators to support the bill based on assertions by US Rep Steny H. Hoyer (D-MD) who assured police union leaders that "H.R. 413 would be "among the first" bills considered on the House floor following the Easter recess". Which has sparked the push for police unions across the US to pressure congress into supporting the bill.
> 
> This means that it's imperative that citizens call and write their representatives twice as hard as the police unions do because of the massive lobbying power that these unions possess through endorsements, campaign contributions, and political pressure on "law and order" types of congress members.
> 
> If you doubt how influential police unions have been in their push to get these bills passed, during the last congressional session in 2007-2008 the equivalent of this bill, then called HR 980, passed overwhelmingly. However, the bill was barely killed by a minority of Senators who attached unpopular amendments to the bill after their filibuster failed in 2008.
> 
> So, it's time to let your senators and representatives know about the pitfalls these bills represent. unless, of course, you like the idea of an unaccountable police force in every city, county, and state in America.
> 
> ------------------------------------------------------------------
> 21 comments to HR Bill 413 - A National Police Unaccountability Bill
> 
>    *
>      Michaelk42
>      April 13th, 2010 at 9:33 AM
> 
>      If anything, we need the opposite of this bill. Something that federally prohibits secrecy in disciplinary records and requires misconduct reporting.
>    *
>      Thomas R. Griffith
>      April 13th, 2010 at 1:14 PM
> 
>      Hey Packratt, thanks a million for bringing this to our attention. Regular news media isn't touching it. I hope that the students of Maryland get wind of it and send out mass tweets, emails, blogcast, phone calls, etc. alerting every single campus from coast to coast with a 'this could be you' & 'Hr 413, Senate Bill S.1611 has to go' message.
> 
>      I'm doing my part (calling/writing) today and I hope that others take your advice to heart and do the same. Thanks again.
> 
>      Re: the Maryland police beating, CNN's Rick is all over it and had a former lawman turned expert on security for large events (Mr. Palumbo) he showed just how misinformed or unaware he is when he said, "it doesn't happen all that often." & "It's an isolated incident." While he was very disgusted at the acts of violence, my message to Mr. Palumbo is Sir; you need to spend the afternoon checking out Injustice Everywhere including the Archives.
>      If CNN's Rick is listening, you need to book Packratt.
>    *
>      no bad cops
>      April 13th, 2010 at 1:18 PM
> 
>      The BIGGEST misconception about police abuse is that cops get rid of the bad ones! You always hear people say, "there's bad people in every line of work". Well of course there is.
> 
>      The difference is that normal people would be fired and sent to the unemployment line if we committed crimes or abused our positions.
> 
>      Cops are NOT like the rest of us in this regard!
> 
>      The degree of this needs to be understood by the general public, AND by ALL of our representatives, and REAL SOON.
> 
>      "Police Efforts Against Accountability NEVER Stop"
> 
>      "The first problem with this idea is that whenever police disciplinary policies are changed to make them more lax, it becomes exceedingly difficult to switch back from that due to union arbitration. Police unions often defend officers disciplined for misconduct by pointing out past disciplinary actions taken against other officers accused of similar acts of misconduct. Once you set a policy that reduces that level of discipline or abolish it all together, you cannot go back..If you do, the union just says "look, you let that guy go for the same offense, by disciplining this officer differently it's a matter of discrimination." And arbitrators ALWAYS rule on precedent.
> 
>      http://www.injusticeeverywhere.com/?p=834
>    *
>      no bad cops
>      April 13th, 2010 at 1:33 PM
> 
>      YES, Thank You for letting us know about this!
> 
>      "he showed just how misinformed or unaware he is when he said, "it doesn't happen all that often." & "It's an isolated incident." "
> 
>      Ignorance on the issue of police abuse-
> 
>      THAT'S how they're going to try? to away with these 2 bills. Because on the surface they look relatively harmless.
> 
>      That's why I've posted all the past articles I can on the subject, so any new readers can understand the REAL consequences of giving the police unions {even more!?} power.
> 
>      I am hoping to motivate others to get to work on this! It sure is needed.
>    *
>      Union Fighting To Get Non Accountability Legislation Passed - INGunOwners
>      April 13th, 2010 at 2:03 PM
> 
>      [...] case in Seattle and it will spread nationwide of supporters of this legislation get their way. via Injustice Everywhere [...]
>    *
>      Tweets that mention HR Bill 413 - A National Police Unaccountability Bill « Injustice Everywhere -- Topsy.com
>      April 13th, 2010 at 6:03 PM
> 
>      [...] This post was mentioned on Twitter by Matt. Matt said: HR Bill 413 - A National Police Unaccountability Bill: http://www.injusticeeverywhere.com/?p=2181 [...]
>    *
>      FBM
>      April 13th, 2010 at 11:20 PM
> 
>      California has many of these same measures in place already. But coming from a city with a department with a convicted police chief, an acting chief who covered it up, a deputy chief who announced his retirement today, it's clear that our so-called police department had serious problems with corruption even when it was released from its state consent decree in 2006.
>    *
>      adam
>      April 13th, 2010 at 11:44 PM
> 
>      I just emailed both Cantwell and Murray. Thanks for the info!
>    *
>      Packratt
>      April 14th, 2010 at 12:23 AM
> 
>      Thank you Adam, I really appreciate that!
> 
>      FBM, That's part of the point, there are states where this is already the law, but not all states. These bills would make all police departments just like the police departments where police unions have been able to weaken disciplinary guidelines through contract negotiations. That nobody is learning the lessons available to us is disheartening.
>    *
>      John P.
>      April 14th, 2010 at 1:38 AM
> 
>      Just one step closer to Germany circa 1933
> 
>      Just you wait, next up will be a modern day version of Hitlers, Night and Fog Decree.
>    *
>      National Police Misconduct NewsFeed Daily Recap 04-13-10 « Injustice Everywhere
>      April 14th, 2010 at 2:09 AM
> 
>      [...] HR Bill 413 - A National Police Unaccountability Bill [...]
>    *
>      POLICE STATE
>      April 14th, 2010 at 2:23 PM
> 
>      Ever since they allowed police to form unions, Law Enforcement(sic) is run like a crime family and their cops are the street thugs in each city. The best you can do is get a camera and try to have video evidence against them because the odds are stacked against all of us. Cops and their ilk will lobby hard for this bill because they are trying TO SUBVERT ANY AND ALL FORMS OF ACCOUNTABILITY. To all the people who still support the criminal cops, you will get yours too someday. If not you personally, your children or someone in your family. Once tyranny of a system starts it only progresses to envelope the whole system.
> 
> 
> http://www.philly.com/inquirer/front_page/20100321_Why_it_s_so_hard_to_fire_a_Phila__police_officer.html?viewAll=y
> 
> 
> http://www.philly.com/dailynews/local/20100319_Cops_in_beating_get_jobs_back__free_FOP_beer__Suspects_were_cleared__too.html
> 
>      http://www.philly.com/dailynews/local/90194952.html
> 
> 
> http://citypaper.net/articles/2010/02/04/who-polices-the-philadelphia-police
>    *
>      T.Mann
>      April 14th, 2010 at 4:46 PM
> 
>      Thanks for making everyone aware of this, I have contacted my Senator and would like to mention to everyone, that you can do simply by going to the Senate web site.
>    *
>      J.L. Smith
>      April 15th, 2010 at 5:09 AM
> 
>      This iis a grat bill and much deserved by o firefighters and police. I right to go broke ststes many of the public safety workers are living in poverty and on foodstamps. This bill will help put an end to this type of behavior, PASS THIS BIL NOW!
>    *
>      J.L. Smith
>      April 15th, 2010 at 5:12 AM
> 
>      By the wat his bill already has enough vote in the House and Senate to pass, Our great President Obama also advised he islooking forward to signing the bill inti law by the end of April 2010.
>    *
>      no bad cops
>      April 15th, 2010 at 9:49 AM
> 
>      Do you know if this is true, that the President is looking forward to signing this? Does anyone have a good sample letter for any who might to new to writing their representatives?
>    *
>      no bad cops
>      April 15th, 2010 at 10:27 AM
> 
>      As to the comments above mine, please. What about the fact that most Americans live paycheck to paycheck, and countless of us have jobs without important benefits like health insurance?
> 
>      He's making some generalized statements which are far, far from the truth. The real truth is, in most states cops and firefighters are paid extremely well for a job that requires zero skills and only a high school diploma. I've seen their cars.
> 
>      Furthermore, there are already many avenues in place for them to leverage for wage increases if need be. They don't need to stack the odds any further against us real citizens.
> 
>      Those comments just go to show you, they care far more about their rights then ours. When confronted with monumental evidence of a problem, all you get is silence and "we are good, we deserve this and that".
> 
>      The Unaccountables
> 
>      "I thought that it may be a good idea to look at the real-world results of weakened accountability systems in police departments.
> 
>      http://www.injusticeeverywhere.com/?p=861
>    *
>      no bad cops
>      April 15th, 2010 at 10:34 AM
> 
>      Furthermore I think it's important to note that the UNION gets to pick these arbitrators. This is NOT even close to a normal mediation or jury system, where at least they're *supposed to be* neutral. Take note of how even a POLICE CHIEF {of all people} has issues with one of these arbitrators! Considering how many chiefs side with their men and sweep stuff under the carpet, this just goes to show you how dangerous these union imposed systems will be!
> 
>      It's already bad enough as it is, we don't need any new legislation to make things worse.
> 
>      "Arbitrating Your Safety Away"
> 
>      A Toledo Ohio police sergeant is greeted with protests after police department is ordered by arbitrator to rehire him despite being found guilty of threatening to arrest a woman at a convenience store if she did not have sex with him. The officer is currently under investigation again for alleged unsuitable comments made to home invasion victim.
> 
>      Worcester Massachusetts police have been ordered by a permanent arbitrator, who was chosen by name by the police officer's union, to rehire a police officer who was accused of chasing down and pistol whipping two 15-year-old and a 14-year-old kids for trespassing on his lawn. The police chief there has vowed to appeal claiming the arbitrator was biased in his decision.
> 
>      http://www.injusticeeverywhere.com/?p=947
>    *
>      no bad cops
>      April 15th, 2010 at 1:27 PM
> 
>      WOAH!! DO NOT MISS THE UPDATE HERE! Folks, it is really IMPERATIVE that we contact our representatives IMMEDIATELY, as now they're trying to cheat!
> 
>      **I don't think it would hurt to e-mail out of state reps either.**
> 
>      The police unions are COUNTING ON on the publics complete silence! I know some might be thinking "it's a waste" but you never know if there's a politician clever enough to fear reverberations from the public if something they support goes bad. Besides we have a moral obligation to fight this and-There's still time: http://news.opencongress.org/bill/111-s3194/show
> 
>      Here are some other perspectives on this so we can be better informed and maybe use some of their verbiage in our e-mails. Of course the main concern is the numerous abuses that would result from giving police unions more power.
> 
>      And another thing: this writer brings up an interesting point about how badly police unions must be pushing for this, and why we MUST push them back: "The fact that this bill was brought to the Senate floor without proper committee consideration is a prime example of how hard labor unions are working to advance their agenda in our nation's capital."
> 
>      http://www.greenvillenc.org/Call-to-Action.804.0.html
> 
>      "NATaT urges the Congress to reject this legislation because it undermines town and township autonomy with respect to making fundamental employment decisions, interferes with state and local laws, and may be unconstitutional."
> 
>      http://www.michigantownships.org/newsarticle.asp?SDBFid=217
>    *
>      no bad cops
>      April 15th, 2010 at 2:19 PM
> 
>      UPDATE: THERE IS STILL {VERY LIMITED!} TIME TO OPPOSE THE ANTI POLICE ACCOUNTABILITY BILL, S. 3194
> 
>      "the senate stand adjourned until 10AM tomorrow morning"
>      http://www.c-spanvideo.org/program/292936-1
> 
>      Here is the direct link to e-mail our representatives:
> 
>      http://www.senate.gov/general/contact_information/senators_cfm.cfm
> 
>      You can also e-mail Senators from other states, however "Please be aware that as a matter of professional courtesy, many senators will acknowledge, but not respond to, a message from another senator's constituent." I don't think {doing this} would be a waste of time as one never knows who may be receptive to the message.
> 
>      For the most respectful, professional and articulate among us:
> 
>      "You may phone the U.S. Capitol Switchboard at (202) 224-3121. A switchboard operator will connect you directly with the Senate office you request."
>    *
>      no bad cops
>      April 15th, 2010 at 2:32 PM
> 
>      This site, http://unemployed-friends.forumotion.com/campaign-and-support-legislation-f79/e-mail-campaign-continues-take-action-t5352.htm
>      links to direct fax information for ten Senators, including Senator Harry Reid:
> 
>      http://reid.senate.gov/contact/index.cfm Fax: (202) 224-7327
> 
>      Additionally, apparently there is a service called http://faxzero.com/ which allows you to send two FREE faxes a day. It's probably a good idea to fax the same message that you e-mail. And it's free so why not?
> 
>      I found yet another interesting viewpoint on this, which bears repeating:
> 
>      "the bill is so vague, there is no way to know what rules they would put in place." {!}
> 
>      "Contact.your own congressional representative as well as Senators...and tell them to oppose the bill. Tell them that you know what is best for your community. That.H.R. 413 and S 3194 would preempt local control by placing us at the mercy of a federal agency. That the federal government should respect the longstanding distinction between state and local responsibilities and federal ones."
> 
>      http://www.mml.org/advocacy/inside208/default.aspx
> 
> 
> 
> ------------------------------------
> 
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