Sheriff Fires Cop Who Threatened to Arrest Me for Taking Photos of Cops
slog.thestranger.com
slog.thestranger.com
Heartening.
> Saulet has long history of misconduct, with approximately 120 allegations against him and 21 cases of sustained misconduct (more than any other officer in the department).
It isn't exactly progress if the worst officer in de the department is fired after sustained abusive behavior. And the union immediately attempted to overturn the dismissal as well. This is pretty much as bad as it gets.
So I see no reason for optimism, given the circumstances. There are no signs of structural improvement. Not so heartening.
"""Saulet has long history of misconduct, with approximately 120 allegations against him and 21 cases of sustained misconduct (more than any other officer in the department). The sheriff's letter says that Saulet repeatedly was told to improve interactions with the public, and provided with remarkable investments of coaching and counseling. Saulet underwent three performance-improvement plans, two training sessions, and two multi-visit sessions with a social psychologist, coaching sessions with supervisors, and 80 hours of time off without pay."""
It's in the writing.
Optimism is only warranted when we have reason to believe things are getting better. One anecdote doesn't do much.
Note that these are two different officers with two different groups. Seattle PD disciplined Officer Marion with an unpaid day off. The King County Sheriff's Department fired Sgt. Saulet.
More reading: http://www.flra.gov/Guidance_duty%20of%20fair%20representati...
It does seem that the officer had a history of 'bad behavior' and was quite obviously in the wrong here. Do they have to defend 'hopeless cases' is really the question I have.
I would be much happier if the union stood back, and decided to let him try to bring suit, then shut him down in court for his own behavior... Rather than just trying to get someone who obviously has issues reinstated because "reasons".
Consider that someone accused of a crime gets to be represented in court, no matter how bad the accusation is (in the U.S.). The reasoning behind this is (1) they might not be guilty of the crime, and until the court decides they are, they should be treated as if they are not; (2) they need someone to ensure they are treated fairly.
I think similar reasoning can be applied here. Thus it would not be unreasonable that a union always defends a member who is accused/disciplined/fired.
I know of many cases where employees were accused of either committing crimes or extreme violations of the "workplace rules" and the Union would not represent them before the company. These instances are the exceptions, of course, and the Union does represent the employee the overwhelming majority of the time -- and are, more often than not, successful in at least saving the employee's job.
This is not a Police Union, of course, so things may very well be different. It is my understanding that the officers in a Police Union are almost always current or former police officers and I would guess that they would represent an officer accused of wrongdoing in all but perhaps the most extreme cases (and, in those cases, it's probably mostly due to P.R.).
In my opinion, an officer accused of wrongdoing is entitled to due process just like anyone else. It does upset me, however, that Police Unions will often do anything they can to save an officer's job regardless of what s/he has done and/or the seriousness of the violation. I realize that that is what they are supposed to do but it ends up reflecting badly on the police department when Officer Smith was found to have done ${whatever} and escapes with little or no consequences.
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I guess they would say that the person is 'accused' of being outside of their rules - and until they have satisfied themselves of that, then they need to support them.
You don't need to be convicted to be fired; you should not need to be convicted to have your union cut you loose.
Keep in mind, the alternative is that the Guild gets to choose (to a degree) which members to defend and which to hang out to dry. Such a situation leads to a whole host of perverse incentives. The Guild could effectively abandon whistleblowers; the Guild could collude or otherwise be influenced by the Police Department; interpersonal conflicts between officers and Guild leadership/administrators could influence their decisions; etc.
The Guild is a constructed entity whose sole purpose is to serve its members, by providing an organizational counterweight against the Police Department. Several of its obligations to its members ought to be treated as non-voluntary properties of its existence, in the same way that fiduciary duty is a non-voluntary obligation of a corporation to its shareholders, in order to lessen one potential avenue for corruption.
For instance if you have approximately 120 allegations against him and 21 cases of sustained misconduct Should you get a 121st (or 142nd/22nd however you count) chance? I wouldn't say this is so much the guild exercising a choice, to defend or not, as them giving up on a 'habitual line stepper'. A whistle blower usually only gets 1 chance to blow the whistle (rather than 20-30) so I'd imagine that's a totally different situation for a number of reasons.
Idealistic sidenote: Being that the Guild is for Police Officers, who's main purpose is to protect the public and stop crime (Ok yes the supreme court said that police are not there to 'protect and serve' but to 'enforce') shouldn't the fact that one of their members seems to be continually in trouble with the public at large concern them rather than be something they blindly have to dispute? /idealism
It is however important that unions have a bargaining power that is at least comparable to the other side's power - and that sometime requires going head to head with the opponent.
The fact that most cops might get away with this kind of behavior does not make it any less egregious or untenable. If someone is a patent holder, does their lawyer have a duty to represent them in suit after suit when it becomes clear they (plaintiff) don't have a leg to stand on, and they are just trolling for settlements? Say, just because he pays the bills? No, absolutely not, and if it's done in a sustained and repeated kind of way that's recognized as abusive and the pattern is established, this kind of behavior should be grounds for disbarment.
It's a waste of procedural time. Maybe you're technically right in this case for some reason, because it's a public sector union, the stewards have a duty and the officer requested a defense, but that doesn't make it right.
I don't believe so since that opens up the whole issue of who is to judge whether the "clear and blatant violations" actually occurred and if there's any extenuating circumstances. This discussion will be had in the hearing where the union takes the side of the defending party.
Basically it's the same principle as fair trial: Everyone has a right to have a fair trial and bring an attorney that has the duty to defend him, no matter the charges or how clear the case seems.
The right to an attorney are with respect to criminal proceedings. A defendant does not have a Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing. A fair trial is something that should be available to everyone, but if the lawyers are bogged down defending cases that their own members don't support, then either those unions or those business owners are doomed. I understand this to be a deliberate consequence of union formation, the threat of force is truly a compelling bargaining chip.
Many employment agreements are "at-will" and employers can terminate their employees without cause. In the case where such a firing is really "without cause," I agree that a union should support their member by representing the aggrieved party and making sure they get their unemployment benefits, but if the law says the employer has the right to terminate the employee for any reason or no reason, then this policeman can justly be fired with a laundry list of complaints -- that dwarfs the complaints for every other officer in the precinct -- and a last straw, is this constitutional violation, bullying a person off of public property for taking some pictures of public officials "doing their job."
If I were the union steward, I would meet with the officer well in advance of the hearing, before it had even been scheduled. I would have to open with "OK, convince me."
Supreme Court decided long ago that unions are legally obligated to defend all of their members regardless of what they do. It is commonly referred to as the "duty of fair representation." It originated in Steele v. Louisville and Nashville Railroad, but there has been more than sixty years of jurisprudence extending and clarifying that right since then. Essentially, what it comes down to is that if you are a member of a union, and you do something dumb, the union has to defend you.
Now how about someone deals with cops who illegally force doctors to do enemas and anal cavity searches on people for having strange posture, or do roadside vaginal cavity searches on women with no probable cause, or shoot people's dogs upon erroneously entering their homes, or shoot unarmed suspects standing still with hands in the air?
Also, I find it incredible that the people who swore to serve the citizens and protect the constitution of their country are so quick to completely disrespect the said constitution so often.
"This seems a bit harsh. Doesn't everyone deserve a 122nd chance?"
Believing this reliably turns men who could be (and want to be considered) heroes into cowardly thugs.
I think for a lot of people swearing an oath is just something you have to say before they give you a gun and money.
And I direct you to noonespecial's reply. I'm old enough to have noticed the transition from "peace officers" (a basically righteous gang) to "law enforcement officers" (a gang of thugs) in my home town from the '70s to the previous decade. Helped along by a cop playing a game of chicken with his car and my body, I'm pretty sure trying to generate an "fleeing" arrest statistic.
http://photographyisnotacrime.com/?s=dominic+holden
I'm posting that link mostly for the name of the blog, to demonstrate that this kind of incident is common enough in the US to have its own blog. Personally I'm hoping this becomes moot when police officers are required to wear their own cameras while on duty.
With almost all police cars now equipped with video cameras and officers wearing body microphones, I find it odd that they can be turned on and off by the officer. Although the camera and body mic are (usually, AIUI) activated automatically when the lights/sirens are engaged, I would love for the camera and microphone to be always-on.
Police in the UK and US continually treat citizens as beneath them and with contempt - he should have been sacked because he was rude and wrong, not because he lied.
"Saulet has long history of misconduct, with approximately 120 allegations against him and 21 cases of sustained misconduct (more than any other officer in the department). The sheriff's letter says that Saulet repeatedly was told to improve interactions with the public, and provided with remarkable investments of coaching and counseling. Saulet underwent three performance-improvement plans, two training sessions, and two multi-visit sessions with a social psychologist, coaching sessions with supervisors, and 80 hours of time off without pay. Saulet was demoted from sergeant to deputy for another incident in August"
In that incident "Saulet accosted a family that made a wrong turn into a Metro transit station last December [due to following their GPS]. Saulet reportedly threatened to arrest the parents in the car—including a visibly pregnant woman—and then suggested the couple's 18-month-old daughter would be seized by government authorities"[1].
Its also worth noting that the reporter filed a complaint against a 2nd officer who was also found guilty, but that officer was just given a day off without pay.
So the conclusion seems to be this was a problem officer who had been given many opportunities to improve and this was merely the last straw on the camels back.
[1] http://slog.thestranger.com/slog/archives/2013/08/19/king-co...
Also, by getting rid of the "bad apple" you improve morale.
By and large the police I have met in the UK are helpful and diligent. And I say that having been arrested, searched and locked in a cell for 3 hours by the police for no good reason, so have felt violated by them before.
I don't live in the US, so can't comment, but I imagine it's the same.
Because the so-called good cops defend, with silence at minimum, all but the most extreme behavior of the really bad cops.
You overly simplistic view doesn't work in practice.
It's a small win, but someone like this _deserves_ to be made an example out of. I doubt it will change anything, even in Seattle, but at least there's one less police officer arresting people and ruining their lives (arrest records are permanent; they cannot be expunged ever).
I personally can relate, having been threatened (along with about a dozen or more other people) by a police officer with death by SUV if I did not leave the public sidewalk. Yes, the officer started rolling into the crowd.
Go to the front desk at a police station and try to file a complaint, just make sure you have bail money on hand.
You won't be arrested specifically for the complaint of course, they are going to find something else, follow you, etc.
If an officer arrests you for breaking a bad law, that's not on the officer, that's on the legislators.
The UK it's a grey area. In theory it's fine unless the officer has reason to believe that the photos will be used to aid in an act of terrorism but that wiggle room could potentially be enough for an officer wishing to abuse their power.
Interestingly the Met actually have a page on photographers rights in this (and other) regards: http://content.met.police.uk/Site/photographyadvice
Not yet. http://rt.com/op-edge/spain-law-protest-violence-621/
Rationalizations suck when you're in cognitive dissonance mode.
Like they were probably just waiting for anything to come along to fire this guy. Amazing he lasted so long.