LOUISVILLE, Ky. (WDRB) -- Louisville Metro Police's new union contract, which has drawn criticism from some members of Metro Council, may be a done deal without council's vote.
In a letter to Mayor Greg Fischer dated Monday, River City FOP Lodge 614 President Ryan Nichols argues, by law, the contract doesn't need Metro Council's approval, because it's already signed by the mayor's office and the FOP.
Officers' raises, included in the contract, should take effect immediately, Nichols said. Council President David James, D-6, has asked the county attorney for a legal opinion on the FOP's interpretation of state law.
If the FOP's argument holds up, it could anger some council members.
The FOP's letter to Mayor Greg Fischer.
During an Oct. 13 committee meeting, council members Bill Hollander, D-9, Keisha Dorsey, D-3, Paula McCraney, D-7, Brandon Coan, D-8, and others expressed their concerns with the contract.
"Full accountability is not just missing from this contract," Coan said. "The document expressly exempts the police from personal responsibility in at least a half dozen different, dangerous ways."
While those council members seemed to agree that LMPD officers are worthy of raises, some of them argued the new contract should be put on hold — or even sent back to the drawing board to be renegotiated — until it also includes significant reforms to strengthen police accountability.
Hollander points to the research conducted by Campaign Zero, a group of activists and academics who have studied police contracts around the country to seek out problematic areas that make it more difficult to hold officers accountable after misconduct. Campaign Zero has problems with the current LMPD contract, and Hollander said the new one wouldn't address those issues.
Nichols, however, defended the contract in an interview and responded to Campaign Zero's problems with it.
"With the current as it is signed by myself and the mayor, it's a very valid contract, and there's no requirement or need to renegotiate the contract as it is," Nichols said.
River City Fraternal Order of Police President Ryan Nichols
Campaign Zero has identified more than a dozen "problematic" areas.
It said, at the end of each year, the contract allows LMPD to discard notes supervisors write about each officer. Nichols, however, said the notes are reflected on an officer's annual review, which isn't thrown away.
Campaign Zero said the contract limits when past discipline can be considered as the basis to decide later discipline, but Nichols argued the policy is fair and an officer's behavior shouldn't haunt them forever when it's corrected.
"Discipline should not haunt or follow any employee for their entire career," Nichols wrote, in part. "This is a well thought out, fair and reasonable approach to handling past discipline."
The campaign said the contract delays interrogations of officers who are the subject of a complaint by giving them a 48-hour notice, but Nichols said that's so officers can fully prepare to answer questions accurately.
"I need to know the specificity and what you're going to talk to me about, so I can answer truthfully and honestly about that incident," he added.
This undated image shows the old LMPD headquarters at 633 W. Jefferson Street in downtown Louisville, Ky. (WDRB/archive)
Campaign Zero also complained that the LMPD contract requires the city pay costs of a settlement against an officer unless the officer "violates scope of employment or otherwise acts negligently."
Nichols said that qualified immunity is essential.
"It's very necessary in that aspect and definitely necessary in policing to be able to go out and perform your duties, you know, without fear of unnecessary financial burden," he said.
Campaign Zero also found that LMPD's contract put a 180-day limit on "investigations that don't allege criminal activity," with some exceptions.
"The chief can initiate an investigation still," Nichols said in response. "That's still within the rights of the chief, so that could still happen."
The campaign also said the LMPD contract gives officers "unfair access to information" by giving them access to a complaint prior to an interrogation.
"This is absolutely not unfair access," Nichols responded, in part. "We expect, actually we demand, that officers be thorough and truthful during these administrative interviews. Many complaints are investigated weeks or months and sometimes even years after incidents occur. An officer who does not have access to the information regarding the complaint or potential policy violation is not able to prepare for the interview."
A sign at Louisville Metro Police Headquarters in downtown Louisville, Ky.
Ultimately, Nichols said many of the "problematic" areas identified by Campaign Zero are rights given to LMPD officers by state law, which he says LMPD's contract cannot contradict.
"On many of those issues, I think there's a clear and reasonable explanation for why the language is what it is, and many of the things that Campaign Zero has referenced are matters of state law here," Nichols said.
"Many of those things are — it would appear to me to be — fairly minor issues," he continued.
Ultimately, as LMPD loses dozens of officers to resignations and retirements, the FOP president argued that approving the contract, which will lead to better pay for many officers, will help LMPD keep and recruit the best officers.
"We should be the department that is taking other departments' best officers," he said.
Related Stories:
- Louisville councilman: New police union contract proposal comes up short in 6 key areas
- Council committee split on contract that includes LMPD pay raises
- Louisville police union says proposed raise for officers will help, but not solve retention problems
- Louisville mayor, police union strike deal on new short-term FOP contract
Copyright 2020 WDRB Media. All Rights Reserved.
