May 30, 2008
Who decides police discipline?
Can a police chief regulate drinking by his officers during the hours just before they go on duty--without first negotiating the rule with the police union?
That is the question now pending before the state Public Employment Relations Board in a city of Albany case that has implications for agencies across New York State.
An on-duty Albany police detective died in an early-morning car accident in 2006 after falling asleep at the wheel of his police cruiser, an investigation found. He had reportedly "consumed cognac, beer and shots at an Albany night club on the evening before his shift"--although results showed he was not legally impaired or intoxicated at the time of his death.
A month after the detective's death, the Albany Police Chief issued a new work rule, prohibiting police officers from consuming alcohol within eight hours of beginning their shifts.
The Albany police union, part of Council 82 of the NYS Law Enforcement Officers Union, claimed the policy should have been a subject of collective bargaining. A PERB administrative law judge ruled in the union's favor February 27, 2008. The city has appealed that decision to the full PERB board.
PERB calls for amicus briefs in the case is attracting the interest among municipalities across the state. The briefs are due July 18.
One of the key issues at stake is the interpretation of a 2006 Court of Appeals decision in Patrolmen's Benevolent Association of the City of New York v. PERB, which also involved a police discipline case in the Town of Orangetown. By a 6-0 vote, the court ruled:
...police discipline may not be subject of collective bargaining under the Taylor Law when the Legislature has expressly committed disciplinary authority over a police department to local officials.
Police unions persuaded the Legislature to pass two bills overturning the court's decision, only to see them vetoed by Governors Pataki and Spitzer. They haven't given up the fight, however. A new bill is on the third reading calendar in both houses.
Municipal officials--most notably, Mayor Michael Bloomberg--argue that control of discipline by police commissioners and chiefs is crucial to the effectiveness and accountability of their departments.
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