On a grassroots level, Uaptsd.org
has collectied almost 600 names killed by every branch of law enforcement since 1980. This data collected is because we do not have faith in any system fulfilling a demand for them from the public to release this data. a concrete example of why they will not fulfill or even prevent this demand from being met, are Police Union Contracts. In California, it is known as a Police Officer’s “Bill of Rights”
In the San Diego Police Union Contract (Expires 6/30/20) in the Categories
Section 41.D.1 Delays Interrogations |, Section 64.D Disqualifies Complaints & Section 41.J.1, Limits Civilian Oversight | It prevents police officers from being interrogated immediately after being involved in an incident Prevents information on past misconduct investigations from being recorded or retained in an officer’s personnel file Disqualifying misconduct complaints that are submitted 180+ days after an incident or that take over 1 year to investigate & Limiting civilian oversight structures from being given the authority to discipline officers for misconduct.
Delays Interrogations | Section 41.D.1 “Any officer or officers under investigation will receive at least three (3) working days notice prior to an interrogation except where a delay will hamper the gathering of evidence as determined by an Assistant Chief.”
Disqualifies Complaints | Section 64.D “Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.”
Limits Civilian Oversight | Section 41.J.1 While the contract does not specify that the Chief has sole authority to impose discipline, it prevents policies from being passed (without the union’s consent) that would change the way investigations are conducted by giving a civilian oversight structure the power to investigate and discipline officers.
“During the term of this MOU, no policies, practices or procedures of City or the Department which affect wages, hours, or other terms and conditions of employment and which specifically affect investigations, or the procedures for conducting appeals and hearings will be changed in any way without the mutual agreement of the Parties.”