Politicians have immense control over our lives. “I work for a police chief, not an elected sheriff,” you might say. True, but your police chief works for city management. And to whom does city management report? That’s right, local politicians — elected officials like council members and mayors. This should concern you. In fact, this should scare you to death. To be clear, I’ve got nothing against local politicians. Many are incredible people who are dedicated to making our communities better. In fact, the members of the LEO labor organization I lead are fortunate to work in a jurisdiction with locally elected officials who are extremely supportive of law enforcement.

What about your locally elected officials? Are you as fortunate? If you follow current events in our country, you’ve no doubt heard countless stories of law enforcement, during challenging times, being thrown under the bus for the sake of “justice” by feckless politicians who wouldn’t recognize true justice if they tripped over it during a photo op. Due process? Just cause? Fairness? Who has time for such principles when a mob, crazed by a 15-second police video taken out of context, is engaging in “mostly peaceful protest” (also known as arson and looting)? Those are indeed challenging times — times that require strong, principled leaders who are unwilling to take the easy way out at the expense of an officer’s career. If your locally elected officials lean toward the feckless and not the strong and principled, your only chance during such times is a Law Enforcement Officer Bill of Rights (LEOBR) codified into state law.

Let’s explore what exactly a LEOBR is, why you need one and foundational principles to consider if you are working politically to build one in your state. Already have one? Great. I’ll also get into the concept of peer representation and how you can use it to demonstrate integrity and create buy-in from those who may be skeptical of the process.

If you are involved in a LEO labor organization operating in a state with no LEOBR, securing this essential protection for your membership must be a top priority.

LEOBR: What and why

When I speak of LEOBR, I am referring to state law that attempts to ensure fair treatment of LEOs as they are subjected to administrative investigations that could result in suspension or termination. This type of legislation is a check on the power of local officials willing to exact punishment on law enforcement personnel solely for the sake of political expediency. About half of the states in our country have some form of LEOBR legislation. If you are involved in a LEO labor organization operating in a state with no LEOBR, securing this essential protection for your membership must be a top priority.

The current law enforcement staffing crisis in our country offers the perfect segue for conversations that can be had with state lawmakers regarding important protections that can help LEOs feel empowered to get the job done and get home safe. We continue to hear that nobody wants to do police work anymore. Unfortunately, we are starting to hear that current LEOs won’t recommend the career even to their own children. Lawmakers in states with no LEOBR legislation need to be reminded about the severity of this crisis and encouraged to begin asking how we got here. The truth is, young people are unwilling to pour themselves into a career they believe could be stripped away in an instant by a politician motivated to move on, at all costs, from a use-of-force video gone viral — even if the LEO’s actions ultimately prove justified. Too often we are hearing from young people an emphatic “no thanks” regarding a possible career in law enforcement. We have to change this. The sensible and just protections offered to LEOs by LEOBR legislation is part of the formula that can help bring back in numbers the best and brightest to the profession.

Four foundations of LEOBR

It’s difficult to come to terms with the kind of power that would gladly see a LEO’s career and life mangled, with zero due process, in the train wreck of political sacrifice. There are some truly despicable people out there, and more than a few of them have used politics as a mechanism to advance radical, anti-police ideology. LEOBR legislation built on a solid foundation and codified into state law may, in many cases, be the only thing stopping abusive and cowardly local politicians from raining down unjust chaos on law enforcement. Four foundational elements of good LEOBR legislation include a just cause standard, an appeals process, a timeline element and an allowance for peer representation.

If you pursue a formal definition of just cause, you will learn that it establishes a legal hurdle (reasonable grounds, for example) that must be cleared in order for an accused employee to be punished for alleged wrongdoing. Just cause also requires that the investigation of the alleged wrongdoing be conducted in good faith. I have a simpler definition — just cause means that officers can’t be punished simply for political expediency. In my opinion, a LEOBR without a just cause standard is fundamentally flawed.

Good LEOBR legislation also should outline an appeals process allowing for additional “sets of eyes” into the process separate from the immediate investigators. In my jurisdiction, for example, LEOs can appeal serious findings of wrongdoing to the chief of police and then, if necessary, to what amounts to an appeals panel. In certain situations, the appeal can be escalated to a superior court judge. An appeals process provides an additional buffer against political influence, which may seep into the process.

Legislation should provide a timeline for the completion of administrative investigations. After all, LEOs under investigation may be unable to promote, change assignments or pursue work with a different agency. I’ve heard of exceptional cases where LEOs have been under investigation for up to two years. In Arizona, agencies must act in good faith to complete disciplinary investigations within 180 days.

Peer representatives play a vital role in countering the baseless talking point that LEOBR legislation exists to “protect dirty cops.”

Peer representation

The topic of peer representation, an important foundational element of good LEOBR legislation, warrants focused discussion. A peer representative is essentially a co-worker who is empowered to sit with the LEO being investigated throughout various stages of the process. In addition to providing moral support, a well-trained peer representative can help the involved LEO navigate the process. This is someone who can explain the steps of the investigation, what to expect during each step and ensure that the involved LEO fully understands his or her rights, including appeal rights. An experienced peer representative can also help the involved LEO organize information and articulate a defense.

LEO labor organizations operating in states where peer representation is permitted should have a formal training program to develop skilled navigators who can assist their members throughout the administrative investigations process. Our organization, for example, trains up to 10 peer representatives each year. We are constantly looking for officers with leadership potential who are willing to serve in this vital role. A key component of this training must place an emphasis on the peer representative’s duty to always encourage the involved LEO to tell the complete truth. This builds integrity into a peer representative program, which in turn helps ensure that investigations are conducted with professionalism and fairness. Trained, professional peer representatives dedicated to truth and fairness also play a vital role in countering the baseless talking point that LEOBR legislation exists to “protect dirty cops.”

The allowance of a peer representative throughout the process benefits not only the involved LEO but also the agency. Peer representatives can assist with the exchange of information between investigators and the involved LEO, as well as help with tasks such as scheduling. Agencies that show an appreciation for the role a well-trained peer representative plays also project to their employees that they are dedicated to fair investigations conducted in good faith.

Fifty percent isn’t good enough

Too many of our LEO brothers and sisters, during challenging times, have suffered a swift and unfair political expulsion to the underside of the bus. And it isn’t yellow under there. It’s a dark, dark place that’s difficult to come back from. This behavior, this travesty dumped on those who run toward the gunshots, needs to be confronted head-on with LEOBR legislation protecting our heroes in every single state.