SEATTLE (AP) – An Oregon police officer lost his job and then returned to work after fatally shooting an unarmed Black man in the back. A Florida sergeant was let go six times for using excessive force and stealing from suspects, while a Texas lieutenant was terminated five times after being accused of striking two women, making threatening calls and committing other infractions.
These officers and hundreds of others across the country were fired, sometimes repeatedly, for violating policies but got their jobs back after appealing their cases to an arbitrator who overturned their discipline – an all-too-common practice that some experts in law and in policing say stands in the way of real accountability.
“Arbitration inherently undermines police decisions,” said Michael Gennaco, a police reform expert and former federal civil rights prosecutor who specialized in police misconduct cases. “It’s dismaying to see arbitrators regularly putting people back to work.”
The killing of George Floyd at the hands of a Minneapolis police officer sparked weeks of protests and calls for reforms, but experts say arbitration can block those efforts.
Arbitration, the appeals process used by most law enforcement agencies, contributes to officer misconduct, limits public oversight and dampens morale, said Stephen Rushin, a Loyola University Chicago law professor who last year published a study on arbitration in the University of Pennsylvania Law Review.