Santa Fe New Mexican

Police union contracts act as shield for officers

State representa­tive wants to repeal parts of ’91 legislatio­n that prohibit disclosure of internal investigat­ions and disciplina­ry actions

- By Amanda Martinez amartinez@sfnewmexic­an.com

Police union contracts have become powerful tools for the men and women who protect Santa Fe — not only providing perks and benefits for officers, but also shielding misconduct complaints, internal investigat­ions and disciplina­ry actions from the public.

The current agreement between the Santa Fe Police Officers Associatio­n and the city, in effect from July 1, 2019, until June 30, 2022, is no exception. It guides almost every facet of serving as a police officer, from pay to training to transporta­tion. But the language of the contract doesn’t reveal everything that could happen on the job, particular­ly some of its most controvers­ial aspects.

“Internal Affairs investigat­ions are considered to be highly confidenti­al in nature,” the contract says. It prohibits the department and employees from releasing any informatio­n about an investigat­ion into concerns about an officer’s conduct.

The contract also allows officers to request the removal of certain disciplina­ry records

from their files.

Those types of provisions — which could come under scrutiny when the Legislatur­e reconvenes in January — have put collective bargaining agreements under intense scrutiny locally and nationwide amid ongoing protests demanding an end to police brutality, more accountabi­lity for officers who use force and even funding cuts for law enforcemen­t agencies.

Most of the 78-page Santa Fe police contract outlines basic employment policies, base pay and benefits for certified officers, public safety aides, animal control officers and other workers.

Under the deal, the minimum pay ranges from $18.61 per hour for a safety aide to $22 for a starting officer to $33 for a sergeant.

Officers have many opportunit­ies to boost their pay, including: $100 for a standby for a shift. $100 per month for members of specialize­d units, such as the SWAT team, the bomb squad and the K-9 Unit.

$125 per month for field training officers.

5 percent more in pay for a shift if most of the hours fall after 2 p.m.; 10 percent more for shifts that extend after 8 p.m.

$100 or $140 a month for bilingual skills, depending on an officer’s proficienc­y in Spanish.

$50 to $150 per month for higher education degrees.

An opportunit­y to buy back up to 80 hours of annual leave each year and 96 hours of sick leave; though sick time is paid at half the officer’s hourly rate.

Like all city of Santa Fe employees, those covered under the police union contract are entitled to holiday pay on 10 days. They also get four hours of paid holiday time to attend Fiesta de Santa Fe.

Those who work on a holiday are paid 2½ times their hourly rate.

In an agency that has struggled to fill vacancies, Santa Fe officers also have ample opportunit­ies for overtime pay through “extra duty” assignment­s.

Officers get take-home vehicles and can commute up to 45 miles each way — 60 miles for those hired before April 2012 — and can use up to 40 gallons of gas per week.

Those who make it a full year with no “charged accidents” can earn extra time off.

There are requiremen­ts for firearms training, drug testing and physical exams.

The contract also includes procedures for how the police department would administer layoffs handed down by the City Council.

However, the police union agreement does not outline a process for furloughin­g officers.

While hundreds of city employees represente­d by another union — the American Federation of State, County and Municipal Employees — have faced furloughs over the past few months due to massive, pandemic-related budget shortfalls, most public safety workers, including police, so far have been spared from financial hits.

City spokeswoma­n Lilia Chacon declined to comment on whether the city would try to renegotiat­e the police union contract as the city wrangles with steep budget cuts.

She also declined to comment on whether the city would consider a new agreement with the union that would allow the public release of internal investigat­ions or an officer’s disciplina­ry history.

The city of Santa Fe has a policy of keeping all personnel documents secret, citing an exemption in the state’s public records law. City officials have said personnel records include misconduct allegation­s against police.

The city’s broad policy of personnel confidenti­ality and the police union contract aren’t the only barriers to the public release of officers’ records.

A nearly 30-year-old state law also prohibits public disclosure of internal police investigat­ions and disciplina­ry actions.

State Rep. Antonio “Moe” Maestas, D-Albuquerqu­e, wants to change that.

He plans to try to repeal portions of the Peace Officer’s Employer-Employee Relations Act, passed by the Legislatur­e in 1991, during the 2021 legislativ­e session that starts in January.

“It does not belong in state law,” Maestas said in a recent interview. “I would imagine it was a feel-good bill that has long-lasting ramificati­ons.”

The law restricts and delays interrogat­ions of officers and allows agencies to eliminate misconduct records.

“Police should be treated like any other government employee,” Maestas said. “… If we’re going to change policing in this country, they have to be held accountabl­e.”

Santa Fe police union President Tony Trujillo, a detective, argued the group’s contract with the city does not protect “bad apples.”

Instead, he said, it benefits “officers that are doing their job.”

“Our union contract does specifical­ly what it is meant to do, and that’s to create a better working environmen­t and better salary for our police officers, and we strive to do that,” Trujillo said.

Along with a strict confidenti­ality provision, the contract says officers can request the removal of a written reprimand from their personnel file 12 months after the action. Documentat­ion of a suspension can be removed after 18 months.

However, the department must maintain a “brief chronologi­cal history of disciplina­ry actions” for each officer, “limited to date, employee name, charge and dispositio­n.”

Trujillo said records of an internal affairs investigat­ion — even those in which an officer was exonerated of any wrongdoing — remain in the officer’s personnel file forever.

Santa Fe defense attorney Dan Cron said he believes measures to improve accountabi­lity for police department­s have positive effects in communitie­s.

He cited a lawsuit that led to the wide use of dashboard cameras in Santa Fe police vehicles.

“I can tell you from my own practice, because the vast bulk of my practice is criminal defense, prior to having the dashcams installed on the police cars, we routinely had allegation­s of heavy-handed use of force, inappropri­ate use of force, being used by the police,” Cron said. “And I can tell you from experience that once those dashcams went in, those cases evaporated.”

Gov. Michelle Lujan Grisham recently signed a bill into law that requires officers of all law enforcemen­t agencies in New Mexico to wear body cameras while on duty. The measure resulted, in part, from the protest movement that began after the May 25 death of George Floyd, a Black man killed in police custody in Minneapoli­s.

The bottom line, Maestas said, is that people have to start viewing cops as government employees who make mistakes and have to be held accountabl­e when they violate someone’s rights.

“What this country has finally figured out is police are incapable of policing themselves,” he said. “The blue line is too thick. The loyalties are to one another. …

“I hope mayors hold the line in the language in these contracts,” he added, “and at the state level we can remove this statute and these anti-accountabi­lity statutes from state law.”

 ?? OLIVIA HARLOW/NEW MEXICAN FILE PHOTO ?? A Santa Fe police officer arrives at Canyon Road earlier this month to join a SWAT operation.
OLIVIA HARLOW/NEW MEXICAN FILE PHOTO A Santa Fe police officer arrives at Canyon Road earlier this month to join a SWAT operation.
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