Bargaining in Blue, a monthly newsletter from Ballotpedia, provides news and information on police collective bargaining agreements (CBAs), including the latest news, policy debates, and insights from Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population.
In this month’s edition of Bargaining in Blue, we examine CBA provisions regarding compensation for law enforcement officers during misconduct investigations. We review a new CBA in Tacoma, Washington, that prohibits law enforcement officers from receiving compensation during certain misconduct investigations; related scholarly arguments; and insights on the topic from Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population.
In this edition:
- On the beat: New Tacoma CBA prohibits law enforcement officers from receiving compensation during certain misconduct investigations
- Around the table: Related arguments from the negotiating table, scholars, and the media
- Insights: A closer look at CBA provisions related to compensation during misconduct investigations and key takeaways from Ballotpedia’s analysis
On the beat
New Tacoma CBA prohibits law enforcement officers from receiving compensation during certain misconduct investigations
The Tacoma City Council in Washington on January 16, 2024, approved a new collective bargaining agreement (CBA) with the Tacoma Police Union requiring in part that the police department suspend law enforcement officers without pay during investigations for serious misconduct.
The change follows the December 2023 acquittal of three Tacoma police officers charged with murder and manslaughter in the March 2020 death of Manuel Ellis. The department’s internal investigation, released on January 16, found that the officers had not violated the department’s use-of-force policies in place at the time.
The three police officers were placed on paid administrative leave for over three years as the investigation progressed. During that time, the officers received a collective salary of nearly $1.5 million—a concern raised before the council during the public comment period, according to KNKX.
The change was included as a new section in the agreement and states that employees must be placed on an investigative suspension without pay when “charged with a crime that, if found guilty, would disqualify the employee from maintaining their peace officer commission.” If the officer is found not guilty of the charges, they will be reinstated with back pay with nine percent interest, according to the agreement.
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Around the table
Arguments about compensation during police misconduct investigations
Reporter Joe Callahan wrote in a 2016 article in Oscala StarBanner that, according to certain officials in the field, paid administrative leave during law enforcement officer investigations protects the rights of the officers and ensures that the case is properly investigated:
[Former Florida state prosecutor and law professor Bob] Dekle said the procedure of placing an officer on paid administrative leave is the way agencies have handled such cases for decades. It is the best way to ensure all shooting cases are handled fairly for everyone.
Officials said that paid leave is neither a punishment nor a paid vacation. It is the best way for authorities to investigate such shootings fairly and, at the same time, allow for the officer to mentally deal with what has happened in the blink of eye [sic].
Reporter Lea Skene published a 2018 article in The Advocate examining policy arguments about the paid administrative leave policy in Baton Rouge, Louisiana. Skene highlighted arguments from critics of the policy, claiming that it equates to paid vacation for misconduct:
Some call it paid vacation while others compare it to house arrest. But critics of the Baton Rouge Police Department’s paid administrative leave policy agree on the ironic nature of paying an officer to stay home while under investigation for possible workplace misconduct.
When two officers were caught sneaking home during their shifts last year, the department ordered them to keep doing the same thing for another month: stay home and collect their paychecks pending the outcome of their investigation.
Insights
Tacoma CBA on compensation during misconduct investigations for law enforcement officers
The Tacoma Police Union Local #6 entered into a collective bargaining agreement (CBA) with the city of Tacoma, Washington on January 16, 2024—retroactive to January 1, 2024. The CBA includes a section mandating investigative suspensions without pay for officers charged with serious crimes.
Article 36 of the CBA between the city of Tacoma and the Tacoma Police Union Local #6 states the following:
The Chief (or the officially designated Acting Chief) shall place an employee on an investigative suspension, without pay status, when that employee has been charged with a crime that, if found guilty, would disqualify the employee from maintaining their peace officer commission per RCW 43.101.105, Section 2 (a) (i) A-E, or as hereafter amended by the Legislature.
The Chief (or the officially designated Acting Chief) will notify the employee in writing of the investigative suspension, with a copy provided to the Union.
During the investigative suspension, the City will continue the employee’s existing employer-paid health insurance benefits (medical, dental, vision, EAP, wellness). The employee will be required to pay their share of the health care premiums. The City maintains the sole determination as to whether an employee may be allowed to utilize accrued vacation time or floating holidays during the investigative suspension.
Investigative suspensions are not disciplinary in nature and, therefore, are not subject to the grievance or Civil Service procedures.
Should the employee be found not guilty, the criminal charge is otherwise disposed of without a finding of guilt, or the criminal charge is reduced below the disqualifying offenses listed in RCW 43.101.105, Section 2 (a) (i) A-E, the employee will be returned to a paid status with back pay with nine percent (9%) interest. Back pay will not be provided if the employee resigns, retires, or is medically separated while the suspension remains in effect and the criminal charges remain pending.
The CBA covers the period from January 1, 2024, to December 31, 2026.
Key takeaways on CBA provisions related to compensation during misconduct investigations
Ballotpedia’s analysis of police CBAs in all 50 states and the top 100 cities by population featured the following information about provisions related to compensation during misconduct investigations in police CBAs, as of December 2023:
- There are 13 state CBAs and 21 city CBAs that contain provisions related to compensation during misconduct investigations
- Two state and three city CBAs contain provisions authorizing unpaid leave or suspensions without pay during misconduct investigations
- Six state and three city CBAs contain provisions authorizing paid leave during misconduct investigations or requiring officers to continue to receive compensation or on-duty status during misconduct investigations
- Four state and 17 city CBAs contain provisions authorizing officers to receive backpay if they are cleared of charges or if they appeal the disciplinary action
- The New Hampshire CBA requires employees to maintain state-paid benefits during misconduct investigations, regardless of being on paid or unpaid leave; the Pennsylvania CBA contains provisions authorizing unpaid leave for no more than 20 days, at which point employees must be suspended with pay or be moved to restricted duty status
- There are 13 state CBAs and 58 city CBAs that do not contain provisions related to compensation during misconduct investigations
- There are 22 states and 21 cities that do not have police CBAs
- There are two states and one city in which the request for information on police CBAs was denied or information could not be verified
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