I was recently contacted by several friends regarding “rumors” that KRS 15.520, known as the Police Officers Bill of Rights was being scuttled, abandoned, violated etc. in favor of the powers that be.
There are various rulings that have come out of the various Circuit Courts which were upheld by the court of appeals in recent years that seem to be fueling these rumors. The main issue stems from broad appeals where complainants/defendants are basing their defense upon 15.520 and the differences found therein regarding investigations brought forth by departments alleging misconduct vs. by those brought forth in the form of a citizen complaint.
These people are hanging their hats on that difference and even though there is some dissension on the interpretation, it seems evident that in each case there was (a) some type of alleged misconduct / violation of policy etc., (b) no written complaint from a citizen only from the employers.
Whether or not the Officers involved were guilty or not is not the issue. The issue is can a department bring forth complaints without there being a signed complaint from a Citizen of the Commonwealth (Not as one representing a Department).
The majority concur that employers do have the right to initiate their own complaints when they perceive violations of the Laws of the Commonwealth, Local Ordinances and Departmental Policy.
Does this mean The Police Officers Bill of Rights is dead? Hell no! Does this mean it got thrown under the bus? Pretty much so. Does this mean we may have to look at legislation to tweak it just a little? Absolutely. Senate Bill 169 was trying to do just that this year, but with too many provisions tacked onto it and the unwillingness of a certain group that represents municipalities to negotiate in good faith it was untenable this year. A plan to sit down and address the problem will take place. Rest assured, the FOP is all over this.
Remember that when this legislation was originally drafted 30 years ago we had no protections. Over the years some Officers have taken to hiding behind this as a means of getting away with actions that normally would have caused them to be terminated under normal circumstances. Agencies have benefited from this as well by utilizing it to keep bad pennies from getting their jobs back.
15.520 is a shield for Officers so that they can perform their duties without having to worry about every scumbag filing a frivolous complaint in order to get his charges dropped. It does not mean that you can break laws, violate policies and not have to worry if there is not a citizen complaint. The ruling leaves open the ability for someone unscrupulous to take advantage of the process, but again, it is unlikely that honorable administrators would think of doing such.
Does this mean that some rogue in an agency or department could use this to step around the law, so to speak? Yes it does. How often will this occur? Not often when you figure the vast majority of agencies out there abide by 15.520 as gospel. Keep in mind that the majority of discipline, reprimands up to and including termination stem from departmentally initiated investigations.
There are only 3 agencies in the State that have strong contracts that actually incorporated and used the language of 15.520. If your agency isn’t one of them then maybe you should consider putting it in there.
Continue to do your jobs. KRS 15.520 is still around for our protection. If indeed it does need some assistance you can rely on your FOP (local and state lodges) to accomplish the task. Don’t listen to rumors. 15.520 is not going to save you job for you if the facts state otherwise. What it will do is protect you from unfounded allegations.