Philadelphia halts publication of police arbitration decisions for nearly 16 months.
For a span of five years, residents of Philadelphia were granted a rare glimpse into the intricate processes through which police officers accused of misconduct regained their positions. The primary mechanism at play involves the Fraternal Order of Police Lodge No. 5, which frequently submits grievances contesting the terminations, suspensions, or demotions of its members. An arbitrator subsequently issues a binding decision, often favoring the union’s stance, despite sometimes widespread public discontent from police leadership concerning the outcomes.
In 2019, the administration under former Mayor Jim Kenney aimed to enhance transparency regarding these arbitration cases. The city disclosed details about 170 previously confidential cases, responding to requests from local media. It also initiated a process to post new arbitration cases online, thereby promoting public insight into officer discipline. However, the current administration under Mayor Cherelle L. Parker has reportedly discontinued this practice.
Recently, the city withdrew some of the Fraternal Order of Police arbitration records from its website, citing an ongoing review of its redaction policies. As of March 2024, no new arbitration cases, including those connected to other labor unions, have been made available to the public. Catherine Twigg, general counsel for the Citizens Police Oversight Commission (CPOC), expressed concerns over this lack of access, emphasizing the significance of these records in understanding patterns of disciplinary actions.
Ava Schwemler, a spokesperson for the Philadelphia Law Department, clarified in early February that the city had not altered its policy regarding arbitration publication, attributing the halt in updates to an internal review aimed at correcting previous redaction errors. As of last month, this review remains in progress, with no set timeline for when the information might be republished.
Advocates for transparency, including attorneys from various organizations, have voiced confusion and frustration regarding the city’s sudden cessation of information flow. This lack of access comes amid ongoing discussions between the FOP and city officials, especially as the union recently proposed contract terms that may further restrict public access to police personnel records.
In a notable trend, approximately 85% of officers who were terminated between 2022 and early 2024 were reinstated through arbitration, underscoring the power dynamics within the system. Critics argue that the rationale for many arbitration decisions appears unfounded, prompting calls for greater public oversight.
Historically, the FOP has represented officers accused of serious misconduct, including crimes such as assault and perjury. An investigation from 2019 revealed that the union has been successful in overturning police discipline roughly 70% of the time, at an estimated cost of over million to Philadelphia taxpayers, primarily due to back pay awarded to reinstated officers.
The ongoing complexities of these arbitration cases have raised alarms, particularly when concerning officers with troubling histories of behavior that includes both on-duty and off-duty infractions. The repercussions of such reinstatements can extend beyond the individual officers, impacting overall public trust in law enforcement agencies. Public scrutiny, advocates insist, is paramount to holding the system accountable and ensuring that officer conduct is regulated effectively.
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