Page 18 - February 2016

FIORETTO, CONTINUED FROM PAGE 16
Section 8.4 effectively nullified the City’s claims that the Lodge had somehow acquiesced to the City’s retention of records beyond the benchmarks. Arbitrator Roumell also rejected the City’s arguments that enforcement of the destruction requirement would be contrary to a well-established public policy.
In short, Arbitrator Roumell ordered the City to “destroy all disci- pline records covered by Section 8.4 now in existence, regardless of the format in which they exist, namely, physical files or electronic records, for which the benchmark for destruction or the provisions related to litigation or arbitration are applicable, unless there is a Section 8.4 exemption.” However, before the City must destroy any records, it is required to meet and bargain with the Lodge over a method and time line to implement the destruction order, including how the parties will resolve disputes over whether certain records should be retained or destroyed (for example, those documents which must be preserved as the result of pending litigation). The City was ordered to provide the Lodge with a list of records it believes should not be destroyed, along with reasons for their reten- tion, by Feb. 15, 2016. The Arbitrator made clear that he will not give any credence to the City’s position that it needs to retain all records in anticipation of litigation, noting that such a continued position “would not be in keeping with the spirit of the interim award as that matter has been addressed in the opinion.”
By March 15, 2016, the parties are to report to the arbitrator on
HERBERT, CONTINUED FROM PAGE 17
combat veteran who possessed a top secret security clearance.
Thankfully some departments have recognized the danger in granting some individuals from human resources total autonomy in the non-transparent selection of police candidates. These forward- thinking departments deploy a “select in” process versus the outdated “select out” system. Traditionally, law enforcement agencies across the U.S. used tests and examinations such as criminal histories, psychological and medical interviews and polygraphs in order to rule out candidates. The process of “ruling out” applicants based upon flaws is not the same as “selecting in” candidates who possess the desired qualities found in successful law enforcement officers. In the “selecting in” approach, the applicant must not only pass the required testing procedures, but also demonstrate an apti- tude for the role and duties of the position. Numerous researchers have proposed that “selecting in” for desired attributes is a more effective system. Identifying the qualities found in successful recruits and selecting for those qualities during recruitment might increase the graduation rate.
The Department of Justice Office of Community Oriented Policing Services (COPS) funded a project to recruit and hire individuals who have qualities that are beneficial to community policing. Their finding indicated that a successful law enforcement officer must have proficiencies such as complex problem-solving and analytical abili- ties, emotional intelligence, community awareness and involvement, communication skills and other service-oriented behaviors. This study suggested agency marketing, recruitment, selection, and hiring changes to attract service-oriented candidates that exhibit these skills.
The Cincinnati Police Department participated in a study that attempted to correlate training academy success and street level suc-
whether or not they were able to agree on a method to implement his order and resolve disputes. The arbitrator anticipates issuing a final award by April 15, 2016.
Needless to say, the Lodge is very pleased with the arbitrator’s interim award. However, we should all keep in mind that the final award which will be issued this spring probably will be challenged in court by both the City and various media outlets. Success in liti- gation is never guaranteed, but the Lodge is well prepared to defend the arbitrator’s persuasive and well-reasoned decision. The trans- parency in government provided by Freedom of Information Act is, on the whole, a positive for both our members and the communities in which we live, but it is not a license to intrude upon all aspects of officers’ lives or a basis to disregard the strong contractual protec- tions earned through collective bargaining over the years. As the arbitrator correctly stated in his order, enforcing Section 8.4 is “con- sistent with State law and not contrary to State public policy.” The Lodge looks forward to a final resolution by the courts, in which these collectively bargained protections are given the respectful sta- tus they deserve. The Lodge will continue to keep the membership apprised of new developments. d
Pasquale (Pat) A. Fioretto has been associated with the Baum Sigman law firm since 1990, and as of Jan. 1, 1999, became a shareholder member of the firm. He concentrates his practice in the areas of labor and employment law, in both the public and private sectors.
cess of police officers. The researchers found that several factors were related to success in the academy (race and civil service exam score) and as a sworn officer (academy performance and civil service exam score). The researchers recommended that the process of selecting and hiring qualified applicants be reformed to include measurements related to success, such as the civil service test score. In sum, recruits with military experience had a much higher retention rate (90 percent) than those without (79 percent), had higher Bloomberg Aptitude Test (BAT) scores and above-average grades, and were promoted to more leadership positions than those without military experience. These findings indicate that recruits with military experience were more successful in the academy than recruits without military experience. In sum, the study concluded that recruits with past military experience had higher grade averages in the academy, higher retention rates and increased leadership posi- tions and awards.
It is surprising a study was necessary to confirm that military vet- erans made good police officers, considering they enter the process as the “total package.” They have received innovative training appli- cable to law enforcement such as use of weapons, crowd-control, combat and physical training. However, in light of the decisions made in Chicago, the results of this study will hopefully educate the decision makers so that they can see what the rest of us already knew. d
Dan Herbert is a former Chicago Police Officer, Cook County Prosecutor and in-house attorney for the Fraternal Order of Police, Chicago Lodge #7. He is the founding member of The Law Offices of Daniel Q. Herbert and Associates.
18 CHICAGO LODGE 7 ■ FEBRUARY 2016