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DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » de Blasio Fires Back: &qu... » Reply #25

Response to jtuck004 (Reply #19)

Mon Dec 22, 2014, 11:05 PM

25. The police do not work for the mayor, they work for the City.

 

Last edited Tue Dec 23, 2014, 12:36 AM - Edit history (1)

They answer only to Commissioner Bratton and others in their police chain of command. DeBlasio can fire Bratton, subject of course, to Bratton's contract with the City, but he cannot arbitrarily disciple rank and file police officers. Moreover, unformed employees of Walmart and McDonalds are not comparable to police officers, who are government employees governed by a union and collective bargaining agreement.

The officers are also protected by more than the just First Amendment, including constitutional due process and related protections, the NLRA and state analogs, and their very strong collective bargaining agreement. There is also a body of law dealing with public employee speech, including criticisms of superiors, that is decidedly pro-worker, and the fact that an employee might be wearing a uniform is only part of any analysis, not automatically dispositive.

Even if discipline was somehow appropriate, and the City engaged in all required due process, which would take at least months, the only punishment that would likely be able to survive judicial scrutiny would be a warning or something similarly insignificant. However, if the police department sought to retaliate against any of the officers for their protected conduct or politics, such officer would easily win any grievance and costs the taxpayers money in compensation for civil liability. The same protections enjoyed by liberal public employees are similarly enjoyed by the police.

Cops can certainly be fired. However, just like other municipal employees, it is a very long and difficult process, often with uncertain chances of success, particularly in strong pro-union jurisdictions like NYC.

The case cited in your link is not comparable factually or legally to the deBlasio back-turning incident. In any event, I would not be surprised if the officer prevails now that her case has entered the real court system.



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kpete Dec 2014 OP
NoJusticeNoPeace Dec 2014 #1
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RobertEarl Dec 2014 #16
jtuck004 Dec 2014 #19
LineLineLineLineLineLineReply The police do not work for the mayor, they work for the City.
branford Dec 2014 #25
jtuck004 Dec 2014 #32
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