Article Title: Factors in Police Misconduct Arbitration Outcomes: What Does It Take to Fire aBad Cop?

There is increased media attention on the conduct of police officers. An example of an
event that was covered extensively by the media is the shooting of Michael Brown, an unarmed
black teenager. Incidences involving police indiscipline have resulted in a growing perception
that the measures put in place to discipline errant police officers are inadequate. There is a
perception that bad cops cannot be fired. While police officers are often suspended from service,
it remains unclear how most officers are reinstated through arbitration. The media, however,
fails to cover the arbitration process and typically covers arbitration cases as ones that have clear
winners and losers. In general, police officers are regularly reinstated by arbitrators despite the
allegations leveled against them. At times, police departments are to blame for the reinstatement
of police officers.
Summary
Police misconduct is one of the issues that has gained increased public attention in recent
years. The media extensively covers incidences involving police misconduct, and this has
sparked protests on several occasions. Disciplining police officers who are involved in acts of
indiscipline remains a challenge. Most law enforcers are represented by unions that create
barriers to disciplining errant police officers. Collective bargaining agreements that govern

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police unions permit disciplinary matters to be heard by a neutral arbitrator. Police officers who
are discharged from service for indiscipline are sometimes reinstated by arbitrators in a
controversial manner. Arbitrators have the power to overturn discharge decisions made by a
whole police department (Adams, 2016). The reinstatement of police officers accused of various
offenses has contributed to the perception that police officers cannot be fired in spite of gross
misconduct.
Personal Evaluation
Police misconduct is an issue that has been in the media in the recent past, following the
death of George Floyd while in the hands of police officers. It is an issue that has caused
historical trauma as minority families have lost their loved ones through police brutality and
misconduct. I find the article relevant, especially given the fact that the country has been
struggling with police brutality for a long time now. I think that arbitrators should not create a
loophole for abusive police officers to exploit. Just like in any other profession, it should not be
hard to fire a bad cop. Police officers should be allowed to remain in office if they carry out their
duties diligently. I believe that such lenience by the arbitrators and workers union has primarily
contributed to the many deaths of innocent citizens in the hands of abusive cops.
When a police officer is found guilty of misconduct, then the issue should not be whether
they had a good character before the incident. The wrongdoing should be handled while
considering the impact of the officer’s behavior on members of the public. Police officers who
shoot suspects in cold blood should not be reinstated (Adams, 2016). Tyler Adams reveals
shocking details on how officers are reinstated despite there being sufficient evidence of
excessive use of force. Such actions make the public lack trust in the police force because the
same people engaging in misconduct are the same ones charged with enforcing the law.

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However, I think that there is a need for clear laws on actions to be taken against police officers
engaging in misconduct, such as excessive use of force leading to death. It is time that the police
department redeems itself and earns the trust of the public back.

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References

Adams, T. (2016). Factors in Police Misconduct Arbitration Outcomes: What Does It Take to
Fire a Bad Cop?. ABA Journal of Labor & Employment Law, 133-156.