CHRISTIAN HEG WILL BE RETURNED
TO THEIR PEDESTALS.
TWO MONTHS SINCE THE KILLING OF
GEORGE FLOYD IN MINNEAPOLIS.
A NATIONAL CONVERSATION ABOUT
POLICE REFORM IS ONGOING.
ONE OF THE ISSUES, HOW TO MAKE
SURE THE "BAD APPLES" IN THE
POLICE PROFESSION CAN BE REMOVED
FROM THE FORCE.
ZAC SCHULTZ HAS BEEN WORKING
WITH OUR COLLEAGUES FROM
WISCONSIN PUBLIC RADIO AND
WISCONTEXT TO EXAMINE POLICE
UNION CONTRACTS AND THE ROLE
THEY PLAY IN PROTECTING BAD
COPS.
>> BLACK LIVES MATTER MOVEMENT
IS HIGHLIGHTING POLICING UNIONS
AND THE ROLE THEY PLAY IN
PROTECTING OFFICERS.
YOU'VE PROBABLY SEEN STORIES
ABOUT THE BAD COPS WHEN GET
REINSTATED TO THE FORCE.
SHIELDED FROM CONSEQUENCES BY A
BUREAUCRATIC SYSTEM AND A UNION
CONTRACT.
>> YOU REACT, I REACT.
>> SO, WE HAVE TO TALK ABOUT
LIMITING THE POWER OF POLICE
UNIONS.
>> THE CO-FOUNDER OF A
NON-PROFIT GROUP FOCUSSED ON
ELIMINATING POLICE VIOLENCE.
IT TRACKS CONTRACTS ACROSS THE
COUNTRY AND A LIST OF PROVISIONS
WHICH IT SAYS BLOCK
ACCOUNTABILITY, LIKE GIVING
ACCUSED OFFICERS ACCESS TO VIDEO
AND EVIDENCE BEFORE THEY ARE
INTERVIEWED, NOT ALLOWING
OFFICERS TO BE INTERVIEWED AFTER
AN INCIDENT, AND POLICIES THAT
ERASE OLD MISCONDUCT RECORDS
AFTER A FEW YEARS.
>> THE BEST CHIEF AND THE BEST
MAYOR, THEY ARE LIMITED WHAT
THEY CAN DO BECAUSE IT'S
NEGOTIATED AWAY.
>> WE WANTED TO KNOW WHETHER
PROVISIONS ARE IN UNION
CONTRACTS IN WISCONSIN.
ALONG WITH OUR COLLEAGUES AT
WISCONSIN PUBLIC RADIO AND
WISCONTEXT, WE EXAMINE THE
POLICE UNION CONTRACTS FOR EIGHT
CITIES.
MILWAUKEE, WAUKESHA, RACINE,
KENOSHA, MADISON, BELOIT, GREEN
BAY, AND WAUSAU.
WHAT WE FOUND IS THAT WISCONSIN
IS QUITE DIFFERENT FROM THE REST
OF THE COUNTRY.
>> THERE'S A LEVEL OF
TRANSPARENCY, ACCOUNTABILITY AND
INDEPENDENCE THAT EXISTS IN
WISCONSIN THAT DOES NOT EXIST
ELSEWHERE.
>> JIM PALMER, EXECUTIVE
DIRECTOR OF WPPA.
WISCONSIN'S LARGEST POLICE
OFFICER UNION.
SHERIFF DEPUTIES AND PRISON
GUARDS.
>> OVER 10,000 MEMBERS FROM MORE
THAN 300 LOCAL ASSOCIATION
AFFILIATES.
>> MOST POLICE UNION CONTRACTS
IN WISCONSIN HAVE LITTLE TO SAY
DISCIPLINE.
>> WE DON'T HAVE LANGUAGE --
>> STATE LAW SAYS POLICE
MISCONDUCT IN WISCONSIN IS
GOVERNED BY LOCAL POLICE AND
FIRE COMMISSIONS.
CITIZEN BOARDS WITH MEMBERS
APPOINTED BY THE MAYOR.
>> LEGITIMATE FORM OF CIVILIAN
CONTROL AND HAVE EXISTED IN
WISCONSIN OVER 100 YEARS.
>> NO MAYOR IN WISCONSIN CAN
FIRE A POLICE OFFICER.
OUTSIDE OF MILWAUKEE, NO POLICE
CHIEF CAN EITHER.
TYPICALLY, INTERNAL
INVESTIGATION WILL HAND OVER
EVIDENCE AND A RECOMMENDATION TO
THE P.F.C. AND IT WILL DECIDE
THE PUNISHMENT.
SECOND BIG DIFFERENCE IN
WISCONSIN.
>> VAST MAJORITY OF LAW
ENFORCEMENT OFFICER IN THE STATE
OF WISCONSIN CAN ARBITRATE THE
DISCIPLINE.
>> ARBITRATION IS OFTEN BLAMED
ANY TIME A BAD UNION EMPLOYEE
KEEPS THEIR JOB.
>> THESE OFFICERS AND MANY
OTHERS WERE FIRED AND ALL OF
THEM GOT THEIR JOBS BACK THANKS
TO A POLICE UNION CONTRACT AND
STATE LAW THAT LEAVES FINAL
PUNISHMENT IN THE HANDS OF AN
ARBITRATOR.
>> ARBITRATOR BASICALLY LISTENS
TO THE PARTIES AND MAKES A
DECISION.
KIND OF LIKE BEING A JUDGE BUT
IT'S A WHOLE LOT LESS FORMAL.
>> SUE BAUMAN IS AN ARBITRATOR
RULED ON LAW ENFORCEMENT
DISCIPLINE CASES IN WISCONSIN
AND MINNESOTA.
THE ARBITRATORS ARE SUPPOSED TO
BE NEUTRAL.
BUT BOTH SIDES GET TO INFLUENCE
WHO HEARS THE CASE.
>> THERE IS NO QUESTION THAT
UNIONS AND MANAGEMENT KEEP SCORE
ON ARBITRATORS, THEY KNOW BETTER
THAN ARBITRATORS KNOW HOW MANY
TIMES AN ARBITRATOR HAS FOUND
FOR THE UNION OR FOR THE
EMPLOYER.
>> IN WISCONSIN, SHERIFF'S
DEPUTIES CAN ARBITRATE
DISCIPLINE, EVEN THOUGH IT IS
RARE.
BAUMAN IS ALSO THE FORMER MAYOR
OF MADISON, AND SHE SAYS
WISCONSIN'S P.F.C. MODEL IS NOT
PERFECT.
>> THE FACT THAT ALL DISCIPLINE
HAS TO GO THROUGH THE P.F.C. AND
THAT THE POLICE CHIEF CAN ONLY
MAKE A RECOMMENDATION, AND THE
MAYOR HAS ABSOLUTELY NO SAY
DOESN'T MAKE SENSE TO ME.
>> BAUMAN SAYS NO MATTER WHETHER
IT'S ARBITRATION OR A P.F.C.,
THE BIGGEST FACTOR IN
DISCIPLINING A POLICE OFFICER IS
WHETHER THEIR SUPERVISORS DID
THEIR JOB IN PRESENTING THE
EVIDENCE.
>> THE EMPLOYEE BROKE THE RULES
AND THE EMPLOYER SHOWS THAT TO
THE ARBITRATOR.
THE ARBITRATOR WILL UPHOLD THE
DECISION.
>> HOW MANY YEARS HAVE WE HEARD
YOU CAN'T FIRE A BAD TEACHER,
AND NOW WHAT WE ARE HEARING
WELL, YOU CAN'T FIRE A BAD COP.
>> DON TAYLOR, PROFESSOR AT THE
UNIVERSITY OF WISCONSIN SCHOOL
FOR WORKERS AND SPECIALIZES IN
LABOR RELATIONS.
HE SAYS THE MOST IMPORTANT
PROTECTION IN POLICE CONTRACTS
IS DUE PROCESS.
>> NOT JUST POLICE CONTRACTS,
BUT ALL CONTRACTS CONTAIN SOME
SORT OF PROVISION THAT THE
EMPLOYER HAS TO FOLLOW SOME TYPE
OF DUE PROCESS IN ORDER TO
DISCIPLINE OR TERMINATE ANY
EMPLOYEE.
>> TAYLOR SAYS GETTING
DISCIPLINE TO STICK COMES DOWN
TO MANAGEMENT FOLLOWING THE
PROPER STEPS.
>> IN 70% OF CASES WHERE AN
EMPLOYEE WAS REINSTATED IT WAS
DUE TO MANAGEMENT ERROR,
OVERLOOKING MITIGATING
CIRCUMSTANCES, NOT CREATING A
PAPER TRAIL, THINGS LIKE THAT.
>> WHAT'S DIFFERENT ABOUT POLICE
UNION CONTRACTS IS WHETHER THOSE
STEPS INCLUDE STRICT TIMELINES,
AND LETTING THE OFFICER REVIEW
THE EVIDENCE BEFORE AN
INTERVIEW.
TAYLOR HAS DONE WORK FOR POLICE
UNIONS IN WISCONSIN AND SAYS IF
THOSE ITEMS ARE IN THE CONTRACT,
THEY DIDN'T GET THERE BY
THEMSELVES.
>> WE SHOULDN'T FORGET THOSE
WERE NOT JUST SIMPLY CARVED INTO
STONE BY THE POLICE OFFICERS AND
THEIR UNION, THE MUNICIPALITY OR
WHATEVER GOVERNMENT ENTITY THEY
WORK FOR AGREED TO THOSE THINGS.
>> THERE'S ALWAYS ITEMS IN THE
CONTRACT WE WISH WE COULD HAVE.
>> WHICH BRINGS US TO THE
MILWAUKEE POLICE DEPARTMENT AND
CHIEF ALFONSO MORALES.
>> YOU READ BETWEEN THE LINES,
COMMIT CRIME THEY LOSE THEIR JOB
AFTER DUE PROCESS.
>> THE CITY OF MILWAUKEE IS
TREATED DIFFERENTLY, AND THAT
EXTENDS TO THE POLICE
DEPARTMENT.
THE ONLY SPECIAL PROVISION
RELATED TO DISCIPLINE IN THE
UNION CONTRACT SAYS OFFICERS CAN
REVIEW BODYCAM AND SQUAD CAR
VIDEO BEFORE BEING INTERVIEWED
ABOUT AN INCIDENT.
HERE THE CHIEF OF POLICE IMPOSES
DISCIPLINE AND THE P.F.C. IS
CALLED THE FIRE AND POLICE
COMMISSION AND IT ACTS AS A
COURT OF APPEALS TO THE CHIEF'S
DISCIPLINE.
>> THE FIRE POLICE COMMISSION
HERE
HEARS IT, DONE PROPERLY, AND
FOCUSSES ON DISCIPLINE.
>> CHIEF MORALES CAME UP THROUGH
THE RANKS, HAS SEEN HOW THE
UNION WORKS.
>> SOMETIMES THE ENTIRE
ORGANIZATION, UNION MEMBERS SAY
THAT PERSON SHOULD BE PUSHED OUT
OF THE DEPARTMENT, THEY ARE
GIVING LAW ENFORCEMENT A BAD
IMAGE.
>> AS THE DEBATE OVER POLICE
REFORM CONTINUES AT BOTH THE
LOCAL AND STATEWIDE LEVEL, CHIEF
MORALES SAYS THERE IS NOT A
PERFECT SOLUTION.
>> THERE'S PROS AND CONS TO
EITHER WAY.
I DON'T THINK EITHER -- THERE'S
NO SYSTEM THAT'S PERFECT.
>> REPORTING FROM MADISON, I'M