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Patronage vs Misconduct - A Tale Of Two Cities Part 1

By David Packman

On January 30th, The Dallas Morning News broke a story about how two of four Dallas Police officers fired on 1/29/09 had actually been fired at least one other time previously but were reinstated upon appeal... and that one of those two, officer Fernando Perez, had actually been fired and reinstated twice before this latest disciplinary action.

Officer Perez had a history of misconduct that stretched back to 1991 when his field trainer recommended that he be fired while he was still a probationary officer because of poor performances when he interrogated and interviewed people. Other allegations included using racial epithets, failing to help a fellow officer as he was being beaten outside a bar, conducting illegal searches, excessive force, inappropriately conducting a 114 mph chase for a non-violent suspect, and misuse of police equipment.

But, repeatedly, a civil service review board would reduce the disciplinary findings and force the department to rehire him...

The other officer who was fired and rehired before being fired again, Sr. Cpl. Anthony Williams, was featured again in an article devoted entirely to him on February 22 which detailed a long and tortuous history of allegation after allegation of sexual misconduct that would only be met with minor disciplinary actions, if any at all.

But when Williams was finally fired the first time in 1996 for having sex while on duty, he was reinstated to continue with his 20 year career of abuse. This year he was finally fired... not for sexually abusing someone, but because he failed to respond to an emergency call while he was arguing with a woman who he had been having an affair with amidst allegations that he was doing so while on duty.

Why? Because Williams had the whole sexual misconduct game down pat by always targeting women that investigators would have a hard time taking seriously and women who would be afraid to complain about it. So, he was fired for failing to respond to a call instead of for the allegations that he was, again, having sex while on duty.

So, why has it been so hard for the Dallas police to fire problematic officers? Because of protections put into place to stop the systems of patronage, where politicians would fire public servants and staff offices with friends and supporters, and enforce a public service system based on merit.

However, in many localities, as police unions grew in power with their sought-after endorsements they were able to alter the civil review board memberships and change the rules that govern them in their own favor. This problem is exacerbated when we also add in the legislation police unions have been able to pressure lawmakers into passing in most states that keep misconduct and disciplinary records secret. This combination makes it nearly impossible to know who is ultimately to blame when repeat offender officers remain employed despite a clear history of abusive behavior.

Even so, it's still clear that some sort of system which prevents the political manipulation of civil servants, especially the police, is still necessary even when that system appears to be so easily corrupted into a safe haven for abusive officers. An example of the need for a system that protects officers from political abuses becomes clear when we look at what has been happening in the second city in this series.

To be continued...

Full post as published by Injustice in Seattle on February 24, 2009 (boomark / email).