The LDF has defended
Nevada peace officers for over a decade. If we’ve learned anything, it’s
that discipline is often meted out in an inconsistent and arbitrary
manner.
Elko Police Officer David
Turnbull and the Elko POA asked the LDF board of trustees to provide
affirmative relief coverage to assist with this problem. Turnbull
received a 15- day suspension for an off-duty DUI. Normally, coverage
for a "non-scope" action would end with a Loudermill
Hearing; a Skelly in California. Nevertheless, the board used
its powers under the Plan Document, finding that this case could have an
impact on all Nevada peace officers.
The City of Elko has a
" bail schedule" for disciplining officers, ranging from
"minor" to "very serious." We argued that this first
time offense did not warrant the hefty suspension. Further, it was
inconsistent with prior disciplinary decisions by the department.
Finally, the "bail schedule" had not been negotiated with the
association. Thus it was arguably in violation of Nevada’s mandatory
bargaining law.
LDF panel attorney Mark
Kilburn, of Reno, prepared the case for arbitration. Shortly before the
arbitration Kilburn and the city’s attorney entered into negotiation
that led to a settlement. Turnbull’s discipline was reduced to a 7-day
suspension with no "last chance letter" as the city originally
demanded. Moreover, the city agreed to negotiate discipline for future
same or similar circumstances.
What do we take away form
this case? Police associations in Nevada and elsewhere must be vigilant
about discriminatory discipline practices. If the association does not
move aggressively to ensure uniformity it opens the door to "duty
affair representation" issues. Furthermore, if officers perceive an
ongoing pattern of unfairness, morale is likely to decline which can
lead to a host of other problems for the association. The LDF will
continue to monitor this issue.
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