Police Officers and Police

¶ … POBR signifies. POBR stands for Police Officer's Bill of Rights. This bill, sponsored in the 1971 to 1972 session by late Congressman Mario Biaggi, was a bill that had the support at first, of over 121 cosponsors. A bill that kept the safety of police officers in mind while also providing them with occupational rights, the bill came from a source of concern by Biaggi who himself was a former police officer shot ten times while on duty (Page, 2013).

Although the bill received great support, it took twenty years until it was sent to the Senate floor where it passed by an 8-point margin of 55 to 43 (Schmidt, 2005). It was not until 1995 it would be sponsored by both the Senate and the House. The current name for the POBR bills are "State and Local Law Enforcement Discipline, Accountability, and Due Process Act. The POBR bills have not passed through both Houses of Congress meaning there is no federal version of these bills (Aitchison, 2015). However, a minimum of seventeen states have enacted the POBR bills. Some of which are: Delaware, California, Louisiana, Tennessee, Texas, and Virginia (Schmidt, 2005).

Although some states have adopted the POBR bills, in the past ten years, states that do not have the POBR bills enacted have seen police union action in an attempt to enact them. They have been met with little success due to the lack of harmony in state POBR versions. Regardless of whether state or federal governments enacted the bills, some have sought to voluntarily adopt and draft their own POBR provisions. These two state associations are Colorado Association of Chiefs of Police and the Arizona Association Chiefs of Police who amended Professional Standards and published a Model Policy.

Decision

The decision to voluntarily adopt versions of the POBR bills was done in response to various legislative tries to enforce a union-sponsored version those respective states (Colorado and Arizona). These actions led to draft version of POBR law that would be utilized as a reference document in states where there is still pending POBR legislation. Although it was not approved by the IACP Legislative Committee, it did receive attention from several state associations of chiefs of police.

The subcommittee generate document remains in what can be considered 'stealth mode' and has been for the last eight years. This is due to the lack of IACP members wanting to accept any POBR legislation irrespective of how balanced the legislation may be. Due to the blatant and consistent opposition, there is desire to bring this issue back to the surface and provide people with adequate alternatives to the pending legislation seen in that area. While there is an employee bill of rights for police officers, the POBR bills can help provide clarity in an otherwise vague interpretation of rights of police officers.

An employee bill of rights exists in most states for police officers and must be sondiered in conducting personal investigations. Criminal justice employees are protected under the Bill of Rights of the U.S. Constitutions, as are other citizens. However, labor organizations have promoted the officers' bill of rights. This bill exists because most criminal justice employees perform within a hierarchical authoritarian structure that could result in employees giving up their rights because of commands from their superiors (Cronkhite & Cronkhite, 2013, p. 185).

The decision to revisit the POBR laws is to gain some type of alternative that can grant police officers additional rights that they otherwise would not be aware of in order to protect themselves from potential problems.

Alternative Solution

The alternative solution rests in the content philosophy provided in the case study. The comparison of sports events and winning and losing was used. Essentially they stated some managers lack of desire to concede any ground and contest every intrusion, wishing to achieve complete victory versus maintaining employee morale. This kind of thinking is not beneficial to either party. Approaching it from a less confrontational way can lead to prohibition of practices that would be based from the following ideologies:

1. It would be a responsive statement.

2. Decisional law would be taken into account.

3. It would focus on fundamentals.

4. It would be reasonable and balanced.

5. It would recognize alternative ways of implementation.

6. Civilians would be included within its purview.

7. It would cover both rights and responsibilities (Schmidt, 2005, p. 2-4).

The specimen document part of the alternative solution continues and adds both method of adoption and compilation. The method of adoption comprises of a number of procedures that can be enabled such as a civil service rule, a state statute, a labor-management memorandum and an Executive Order. These methods of adoption provide varied options that can go about bringing successful implementation.

The method of compilation offers a statement created into two parts that covers basic duties and rights as well as court decisions that may influence practice and procedure. By providing adequate definitions as well as including commentary for each section, the alternative solution offers a detailed and carefully thought out framework from which to operate under the influence of the POBR bills. One of which is responsibility to report any misconduct and cooperation with intra-agency investigations. This framework is a means of coming to a sufficient conclusion that would enable rights for police officers that they need as well as offer a structure they can use.

Conclusion

In conclusion, the POBR bills are an important part of police officer rights. While it still has not been accepted by all state governments and the federal government, it has seen some enactment in some areas. Maryland for example, was the first state to pass such a bill of rights. Before these bill of rights and specifically the Law Enforcement Officers' Bill of Rights, officers could be called in and let go without being provided any reason. Police officers need to be protected as their line of work could make it possible for many complaints to be written against them.