Will America’s Police Become Federales?
More centralization of power.
Police unions across America are moving closer to being federalized. The Public Safety Employer-Employee Cooperation Act of 2009 was reintroduced in the Senate by Majority Leader Harry Reid on April 12, where it currently awaits debate. The act is part of a supplemental appropriations bill meant to fund military operations in Iraq and Afghanistan. If passed, the act would place first responders (police, firemen, paramedics) under federal union regulations. Control would be removed from state and local authorities except in places with fewer than 5,000 people or with fewer than 25 full-time first responders.
In effect the act seeks to nullify important aspects of the Taft-Hartley Act of 1947 which in turn reversed much of the pro-union Wagner Act of 1935. Taft-Hartley is currently the cornerstone of U.S. labor law and allows individual states to regulate their own public-sector worker relations.
Most of the attention paid to the act has focused on the disastrous budget consequences it would have for local authorities. Public-employee payments (wages, pensions, and health benefits) already consume a huge slice of the expenditures of cities and states; for many the burden is so heavy they are verging on bankruptcy. The San Francisco Chronicle (July 14) reported, “Oakland [Calif.] laid off 80 police officers Tuesday after negotiations between city officials and union leaders failed on one simple matter: job security. The police union demanded that the city guarantee that its officers would not be laid off for three years in exchange for giving up some pension benefits that would have eased the city’s budget problems. City leaders, however, said it would have been irresponsible of them to agree to protect police jobs for more than one year because the city’s budget problems are likely to worsen.”
The act would remove such flexibility from local authorities and instead impose the unfunded mandate of applying federal standards that would be determined by the Federal Labor Relations Authority. In disputes a labor relations czar would arbitrate the “hours, wages, and terms and conditions of employment.” Local governments would no longer be able to adjust pay scales and benefits according to their own budgets nor would local voters have any input.
Transparency and Accountability?
The act would also diminish police transparency and accountability because it would regulate disciplinary policies through which police and sheriff departments address alleged abuse and misconduct. The act would strengthen unions that have a long record of siding almost unconditionally with their members against such allegations. For example, in June a young black woman who had jaywalked was punched in the face by a Seattle policeman. The president of the local police union declared, “He [the Seattle officer] did nothing wrong. If anything, I think he maybe waited a little too long to engage in force.”
Equally, when local authorities attempt to correct police abuse, police unions are often the greatest barrier. The Syracuse Post Standard (July 6) reported, “Syracuse Mayor Stephanie Miner has taken courageous steps to rid the police department of misbehavior that sullies the image of every officer.” Nevertheless, she has come “under withering criticism from the police union for refusing to sign a commendation” for a detective whom a federal jury found guilty last year of using excessive force. On July 19 the Austin police union urged the city council not to accept a $750,000 settlement with the family of a man killed by an officer last year. In many cases, police unions also act to block public and media scrutiny of accused officers.
The act has already passed the House so its fate rests with the Senate. The D.C. watchdog periodical The Hill (July 19) reported, “Senate and House Democrats are headed for a clash this week over funding for U.S. troops….The Senate and House are squabbling over $22.8 billion House appropriators added to the supplemental bill…. Senate Democratic leaders doubt the House bill can pass their chamber with the extra spending ” Nevertheless, Harry Reid has made it clear he will push the legislation and is threatening to keep the Senate in session past in August 1 if necessary. Given how important the August recess is to upcoming election campaigns, a lot of legislation may well be rushed through.
The Public Safety Employer-Employee Cooperation Act moves in precisely the wrong direction. Local authorities should have more power to negotiate down the disastrous cost of public-employee unions; the police should become more accountable and transparent in cases of alleged abuse. Power should be decentralized not federalized.
Comment by Sky Captain on 22 July 2010:
Maybe the beginnings of a police state? At this point, I’m about to give up on this country. Over the last century, it seems to have become more restrictive in almost every aspect that this country is starting to look more like Europe in the beginning of the last century, and may end up like the Soviet Union by the end of this century. Hopefully I won’t live long enough to experience that.
Pingback by Anonymous on 22 July 2010:
[...] In many cases, police unions also act to block public and media scrutiny of accused officers. Will America’s Police Become Federales? | The Freeman | Ideas On Liberty My stance on Unions is that they should only be limited to the private sector and addition to [...]
Comment by billy396 on 22 July 2010:
This bill is more of the same openly corrupt Chicago-type political machinations that are attempting to centralize ALL power in Washington, in direct and opn violation of the Constitution of the United States. These bills make life worse and less secure for the American citizens and expand the corruption that takes place in nearly every American city when it comes to holding police accountable for their actions. Most police officers are faithful, patriotic public servants, but many police also get their ‘kicks’ out of bullying citizens that they come into contact with. They do this because they know they can. One only has to examine the number of SWAT-type raids that occur with more and more frequency every week. Thousands of times every week, someone in America will have their home raided and destroyed by a SWAT team in full military garb and brandishing military-type weapons. These SWAT teams often kill the family pet in the name of ‘officer safety’ even when there is NO reason to do so.
Cheye Calvo, mayor of Berwyn Heights, Maryland, recently had his home raided by the neighboring Sheriff’s SWAT team, who kicked in his front dor, with guns blazing, killing the two family pets (gentle Labrador retreivers) and destroying his home. The raid last week was led by the Prince George’s County Police Department, with the sheriff’s special operations team assisting, after a package of marijuana was sent to Calvo’s home. Calvo said authorities entered his home without knocking and refused to show him a warrant when he requested one. But Prince George’s County Police Department spokeswoman Sharon Taylor said legal counsel had informed her that “no-knock” warrants do not exist in Maryland. This is a perfect example of the mind-set that exists when police and sheriffs officers are given the power to do whatever they please.
Authorities say the package was part of a scheme in which drugs are mailed to unknowing recipients and then intercepted.
After the raid, arrests were made in the package interception scheme.
The incident has prompted the couple to call for a federal investigation because, they say, they don’t believe police are capable of conducting an internal investigation. In well over 98% of internal investigations, police officers are declared to be ‘not guilty’ of violating ANY law or civil right, no matter what horrors or physical abuse that they subject American citizens to.
Taylor said authorities were acting on a warrant issued based on information available to them at the time.
“This warrant was for permission to search the premises,” she said. “The special operations team that supported us made a decision about the necessity of entry at the point of being on the scene.”
“No-knock” warrants have drawn criticism before. In Atlanta, Georgia, Kathryn Johnston, 92, was shot to death by police in a botched drug raid involving such a warrant in November. They had the wrong address, so the innocent grandmother was shot and killed, and no one pays the price for the loss of an innocent life.
“They’ve said they’ve done nothing wrong,” Calvo said. “I didn’t sign up for this fight, but I think what we have to do now is make changes to how Prince George’s County police and Prince George’s County sheriff’s department operate.”
I would add that America desperately need to make changes and add restrictions to the criteria for the use of SWAT teams in police work. They supply these teams with mitary equipment, train them in military tactics, and then the cowboy cops are “all dressed up with no place to go.” This encourages SWAT teams to participate in raids where they have no need for that type of force, which often ends up escalating the situation up to a point that was never necessary, leading to much unnecessary loss of life.
Comment by john on 22 July 2010:
I agree 100%
Comment by Capt. A. on 22 July 2010:
Wendy McElroy is spot on.
THERE ARE two kinds of people in this world … those who “understand” … and those who never will.
Be that as it may, consider this: As it is, America is a place … to be FROM.
Now, before you go and get your knickers twisted tight enough to cut off blood supply, ask yourself a question: “Do I truly have REAL freedom, liberty, privacy (both financial and personal), the sanctity of private property rights and the right to freely contract?”
If you live in America or its jurisdictions, the answer is a resounding NO! If you believe otherwise then you reside is the Age of Denial, delusional at best … downhill from there… Hey! … Please don’t kill the messenger.
To trust is to bust,
To bust is hell…
No trust, no bust, no hell.
A term coined by the late, venerable Frank Chodorov, witnessed in person by this commenter, “America is rapidly becoming a ‘puking-dog democracy’ and I don’t trust in change for the better.” Puking-dog democracy, wow! Yet the booboisie continue to VOTE, and get more of the same and worse! My, my, my… You can’t get anymore specific or paint a more colorful picture of truth!
“Sometimes, time spent trying to change something … is time BEST spent looking for something you don’t have to change.” ~ Capt. A. “Time” is that finite thing you only have so much of, huh? You want “truth,” I just gave it to you! Get out while you still can, if real freedom and liberty, etc., aren’t merely imaginary or worse, hallucinations!
C’est la guerre,
Capt. A.
Principaute de Monaco
GMT +2:00 CET
Comment by willienelso3 on 23 July 2010:
there is absolutely a growing problem w/ paramilitary police operations; probably $$ is a factor. {and of course it’s federal dollars.) and the BATFE is a rogue agency which ought to be shut down. voting seems pointless, not voting seems even worse. maybe we should “vote with our feet”, but I would ask Capt. A., “get out to where? have you got a better place? is it Canada or El Salvador?”
Comment by William Anderson on 23 July 2010:
This is an excellent piece. People tend to think of federal standards as good, when, in reality, they generally are destructive. For example, the “child molestation witch hunts” that we see in this country exist precisely because of federal policies and federal standards.
This is a problem that only is getting worse. Americans are throwing away their freedoms, and they will not get them back, ever.
Pingback by Wendy McElroy: Under "Cooperation" Act, Cops Can Punch You In the Face Whenever They Want - Hit & Run : Reason Magazine on 23 July 2010:
[...] Cavanaugh | July 23, 2010 At the Freeman, Wendy McElroy raises another important concern with the Public Safety Employer-Employee [...]
Pingback by Will America’s Police Become Federales? « Orwell's Dreams on 24 July 2010:
[...] The Freeman [...]
Pingback by Saturday Links | The Agitator on 24 July 2010:
[...] New federal law will force states to allow public employees to unionize. This is a bad idea for a number of reasons, but Wendy McElory has the goods on a repercussion of interest to readers of this site: more police unions. [...]
Comment by Anita L. Culosi on 24 July 2010:
In response to the Comment by Billy396
It is today, four years and six months since my son Dr. Salvatore J. Culosi, who was a 37 year old optometrist, was wrongfully shot and killed on January 24, 2006, by Fairfax County, VA SWAT Officer Deval Bullock, while in the process of being served with a document search warrant for sports wagering. The officer was then a 17 year veteran of the FCPD with 7 of those years as a SWAT officer. He said he did not know that it was his gun that went off and that he thought my son fell because the loud noise from the discharge caused him (my son) to have what he (Bullock) perceived to be a panic attack.
SWAT officers say they don’t regard their own PD’s risk assessments, so long as they are sent out, they treat every operation as high risk, regardless, and they use speed, surprise and violence of action as their response. They address their target at ready gun, which means the weapon is pointed at center mass of whomever they are confronting…so there is high risk, with an over excessive show of force which leaves no margin for error…this was not an unknown practice or policy in the FCPD.
My son never had a criminal record, owned no weapons, was of course, unarmed, had no propensity for violence and was assessed by the FCPD UC Detective who had befriended him,(and had escalated a wager so that he could charge my son with a felony); as a low risk.
Your comment hit home with me, and your last paragraph in particular.
I have met Mr. Calvo and he is another decent human being, just as my son was, and I admire him for fighting the injustice that often goes unchallenged.
I miss my son…and police unions need to understand that every life is precious and unique…with or without a badge…and there are consequences for wrongdoings…if not now…our civil action is set for Jan. 18, 2011…then in eternity.
Mrs. C
http://www.justiceforsal.com
Comment by TGGP on 24 July 2010:
There are lots of cops who have pulled outrageous stuff on video, but I agree with the spokescop (and even Radley Balko) that the one in Seattle was behaving appropriately. He was trying to arrest one person but her friend was attempting to disrupt that. She initiated a hostile physical interaction and the officer struggled for a while to obtain control before punching her (after which he was able to apply the handcuffs).
Comment by Bandog23 on 26 July 2010:
Maybe it is time for some of us to buy an island and start a whole new country.
Pingback by More Democrat-mandated fiscal insanity: Compensate your cops as Washington dictates « Clear Thinking on 11 February 2011:
[...] tell all of us how much to pay our first responders whether we can afford the price tag or not. According to Wendy McElroy at The Freeman Online, The act would remove such flexibility from local authorities [...]
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