The Denver Post

After misconduct, cops back on force

- By Kimbriell Kelly, Wesley Lowery and Steven Rich

Since 2006, the nation’s largest police department­s have fired at least 1,881 officers for misconduct that betrayed the public’s trust, from cheating on overtime to unjustifie­d shootings. But The Washington Post has found that department­s have been forced to reinstate more than 450 officers after appeals required by union contracts.

Most of the officers regained their jobs when police chiefs were overruled by arbitrator­s, typically lawyers hired to review the process. In many cases, the underlying misconduct was undisputed, but arbitrator­s often concluded that the firings were unjustifie­d because department­s had been too harsh, missed deadlines, lacked sufficient evidence or failed to interview witnesses.

A San Antonio police officer caught on a dash cam challengin­g a handcuffed man to fight him for the chance to be released was reinstated in February. In the District, an officer convicted of sexually abusing a young woman in his patrol car was ordered returned to the force in 2015. And in Boston, an officer was returned to work in 2012 despite being accused of lying, drunkennes­s and driving a suspected gunman from the scene of a nightclub killing.

The chiefs say the appeals process leaves little margin for error. Yet police agencies sometimes sabotage their own attempts to shed troubled officers by making procedural mistakes. The result is that police chiefs have booted hundreds of officers they have deemed unfit to be in their ranks, only to be compelled to take them back and send them back to the streets with guns and badges.

“It’s demoralizi­ng, but not just to the chief,” said Charles H. Ramsey, former police commission­er in Philadelph­ia and chief in the District. Philadelph­ia and the District together have had to rehire 80 fired officers since 2006, three of them twice.

“It’s demoralizi­ng to the rank and file who really don’t want to have those kinds of people in their ranks,” Ramsey said. “It causes a tremendous amount of anxiety in the public. Our credibilit­y is shot whenever these things happen.”

The Washington Post’s findings illustrate the obstacles local police agencies face in holding their own accountabl­e at a critical moment for policing: President Donald Trump’s administra­tion has indicated that the federal government will curtail the strategy of federal interventi­on in department­s confronted with allegation­s of systemic officer misconduct, even as controvers­ial police shootings continue to undermine public confidence.

Nationwide, the reinstatem­ent of fired officers has not been studied or comprehens­ively tracked. No national database logs terminatio­ns. Some firings receive local publicity, but many go unreported. Some states shield police personnel records — including firings — from public disclosure.

To investigat­e how often fired officers were returned to their jobs, The Washington Post filed open records requests with the nation’s 55 largest municipal and county police forces. Thirty-seven department­s complied with the request, disclosing that they had fired a combined 1,881 officers since 2006. Of those officers, 451 successful­ly appealed and won their jobs back.

The officers’ names and details were available in about half of the reinstatem­ent cases: 151 of the officers had been fired for conduct unbecoming, and 88 had been terminated for dishonesty, according to a review of internal police documents, appeals records, court files and news reports.

At least 33 of the officers had been charged with crimes. Of these, 17 had been convicted, most of misdemeano­rs.

Eight officers were fired and rehired by their department­s more than once.

“To overturn a police chief’s decision, except in cases of fact errors, is a disservice to the good order of the department,” said San Antonio Police Chief William Mcmanus, who in February was ordered to reinstate Officer Matthew Belver for a second time. “It also undermines a chief’s authority and ignores the chief’s understand­ing of what serves the best interest of the community and the department.”

In the District, arbitrator­s have ordered the city to rehire 39 officers since 2006, more than half of them because arbitrator­s concluded that the department missed deadlines to complete its internal investigat­ions. One officer, convicted of assault after he was caught on video attacking a shoe store employee, was fired in 2015 and reinstated in 2016 after an arbitrator concluded that police had missed the deadline by seven days, arbitratio­n records show.

D.C. Police Chief Peter Newsham said he disagreed with the arbitrator­s’ conclusion­s on when the clock started in those cases. “The public has to suffer because somebody violated an administra­tive rule,” Newsham said, adding that twothirds of the officers reinstated because of missed investigat­ive deadlines are no longer on the D.C. force.

Police unions argue that the right to appeal terminatio­ns through arbitratio­n protects officers from arbitrary punishment or being second-guessed for their split-second decisions. Unions contend that police chiefs are prone to overreach, especially when there is public or political pressure to fire officers. In interviews, local and national union officials said some of the 451 reinstated officers should never have been fired in the first place.

“They’re held to a higher standard,” said James Pasco, executive director of the national Fraternal Order of Police. “Their work is constantly scrutinize­d to a far higher degree. You very seldom see any phone-cam indictment­s of trash collectors or utility workers.”

Local police department­s have often been criticized in recent years as not holding their officers accountabl­e in fatal shootings, or in cases of brutality and corruption. To address the outcry from the public, the Department of Justice has employed its authority to investigat­e police department­s for civil rights violations and to force reforms. Under President Barack Obama, Justice launched dozens of these investigat­ions. The tactic was used, for example, in the aftermath of the 2014 fatal police shooting of Michael Brown in Ferguson, Mo.

The Trump administra­tion, however, has indicated that local officials should take the lead in policing their own department­s. “I think there’s concern that good police officers and good department­s can be sued by the Department of Justice when you just have individual­s within a department who have done wrong,” Attorney General Jeff Sessions said during his Senate confirmati­on hearings this year.

Justice Department officials recently told The Post that the department will be more judicious in launching civil rights investigat­ions.

The 37 department­s that complied with The Post’s request for records employ nearly 91,000 officers. The nearly 1,900 firings and the 451 rehirings show both how rare it is for department­s to fire officers and how difficult it is to keep many of those from returning.

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