NCPSO/CWA Prepared to Launch New and Improved

April 20, 2005

Passage of the Police Officers Bill of Rights (POBRA) has been a vision of every major law enforcement labor organization for many years. There are a few states where officers have been fortunate enough to receive the benefits of a bill of rights; but sadly most states do not provide this important statutory protection.

Since the current version of POBRA has been languishing in Congress for many years, the NCPSO/CWA leadership decided to make a new run at POBRA, with new sponsors, some modifications in statutory language, and a search for additional coalition partners to help in getting the law passed.

Following are some of the key provisions of the NCPSO proposal:

1. Initiation of investigation of an outside complaint should commence within 15 days
2. Interrogation conditions:
- 24 hour notice of nature of investigation
- Interrogation should be conducted at a reasonable time
- No threats or intimidation
- Tape recording permitted by officer under investigation
- Right to attorney during criminal investigations
- Limits on administrative investigations
3. Sanctions preclude certain transfers or reassignment, no disciplinary action, denial of promotion or property interest
4. 30 day administrative appeals
5. Sealed personnel files except during administrative procedures
7. No lie detector tests or threats of disciplinary action for refusal to submit
8. Added protections for personal records and personal property
9. Exclusive management rights to protect a crime scene
10. No preemption for states that confer equal or greater protections. States that offer fewer or lesser protections shall be preempted
11. States or municipalities that operate under mutually agreed upon collective bargaining agreement that affords equal or greater rights for the officer shall be preempted

"We are ready to roll this legislation out in Congress," said CWA Legislative Representative Alfonso Pollard. "We believe that this new proposal has much to offer in terms of fair protections for law enforcement officers." Pollard noted that the Congressional sponsors are being lined up and will be announced soon. Pollard praised the NCPSO/CWA Legislative Committee of Bill
Hemby (L-9111), Kelley Moran (L- 9111), Dean Kinder (L-6912), Jim Beck (L-6914), Cliff Thrasher (L-2911), and Rich Anemone (L-7077). "These guys have done a great job of putting together an important piece of law enforcement labor legislation."