zlacker

[parent] [thread] 5 comments
1. mchusm+(OP)[view] [source] 2020-06-11 03:29:27
The concept of paid leave has always puzzled me. This would be my choice of punishment if I am ever given a choice.
replies(3): >>throwg+I4 >>Talane+J4 >>txcwpa+j6
2. throwg+I4[view] [source] 2020-06-11 04:37:39
>>mchusm+(OP)
there was a comment posted by rayiner that was quickly deleted

>It’s a Constitutional (and undoubtedly contractual) requirement. Police officers are employed pursuant to a contract. A contractual benefit is considered a property interest that cannot be taken away without “due process.” Hence police officers remain employed (and getting paid) until an investigation establishes they actually did something wrong. Private employers don’t need to provide due process so this doesn’t apply.

probably deleted because it's wrong; deleted before i could submit my response:

>It’s a Constitutional (and undoubtedly contractual) requirement.

you're wrong

> “Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law—rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.”

so it's a matter of “legitimate entitlements”. in fact "legislature may elect not to confer a property interest in federal employment" and moreover in Bishop v. Wood SC accepted a lower court's opinion that police are employed at will even if discharge is conditional on due process.

all this and more at https://www.law.cornell.edu/constitution-conan/amendment-14/...

replies(1): >>dillon+MC
3. Talane+J4[view] [source] 2020-06-11 04:38:14
>>mchusm+(OP)
Greater amounts of paid leave are the primary reward structure for seniority and promotion in my workplace.
4. txcwpa+j6[view] [source] 2020-06-11 04:58:48
>>mchusm+(OP)
Paid leave isn't meant to be a punishment. There is some expectation that police officers will inherently be involved in controversial activities that will require further investigation, some of which may legitimately reveal that the cop did nothing wrong. Paid leave is supposed to be a compromise to remove cops from active duty during the investigation (in case they are guilty, we don't want them still roaming the street potentially doing bad things) but also not be a punishment (in case they aren't guilty).

The problem is that said investigations always seem to drag their feet, never going further than the paid leave, and never seem to actually get to the things that are meant to be a punishment (firing, arrest, etc).

replies(1): >>cicery+kq
◧◩
5. cicery+kq[view] [source] [discussion] 2020-06-11 08:50:42
>>txcwpa+j6
Arrest should be made nevertheless, on the grounds of possible witness intimidation. I'm not saying that they do it all the time, but the power dynamics allow it to happen, so the best approach for a crystal clear investigation is to have the officers removed from the community that is investigating them.
◧◩
6. dillon+MC[view] [source] [discussion] 2020-06-11 10:44:05
>>throwg+I4
Don’t get him started on CATV franchises or residential zoning laws.
[go to top]