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In reply to the discussion: NYPD COPS AGAIN TURN BACKS ON MAYOR DURING FUNERAL [View all]branford
(4,462 posts)It does not prevent them from engaging in the political process akin to the restrictions of active duty military.
The issue of political action while wearing a uniform is part of a large body of law concerning speech by public employees. The relevant issue is whether the speech of the employees can reasonably be understood as that of the government, with the uniform, whether the conduct occurred on or off-duty, and if it was a collective action concerning terms and conditions of employment, all being relevant factors in any analysis. The terms of the collective bargaining agreement are also usually dispositive. Unsurprisingly, the law generally favors the public employees.
In this instance, the off-duty police were protesting the mayor concerning his comments about issues related to the police such officer safety and support and their contract. They were wearing their formal uniforms in connection with a funeral of an officer slain in the line of duty. They were not engaging in any campaign or related activities.
The criticism of the involved officers was actually that it effectively opposed the government's position, not that it was in any portraying or confusing the position of the government. That is why neither the mayor nor police commissioner have suggested discipline and the commissioner was very explicit that his request that the officers not turn their backs to the mayor was only a request, not an order, and any refusal would not be subject to discipline.
It appears that all the relevant players in City government understand all these basic issues, and many here are just lashing out without realizing that if the police were actually disciplined under their conditions, apart from the labor hypocrisy, the "slippery slope" legal precedent would be set to virtually crush other public employee unions and their political activity.