New law would require officers employment records to follow them.
Police misconduct is an issue that gets a great deal of media coverage IF and when it becomes public. However, that right there is part of the issue: “IF and when it becomes public.” Ask just about anyone, and they will tell you that police misconduct should ALWAYS be public information. Though with regard to a new particular piece of legislation, the issues isn’t police misconduct that is hidden from the public. Rather, Â misconduct that is hidden from other departments when an officer takes a new job is the issue being dealt with.
Sounds obvious, right? After all, which self-respecting department would hire a police officer if they knew he had been repeatedly disciplined for drinking on the job, or was under investigation for using excessive force and brutality? The answer is none, which is why these things tend to be kept under wraps when a cop leaves one department and hires in with a different police department. The fact that we need a Michigan law to ensure that these issues aren’t hidden means that obviously this is an ongoing issue here in our Great Lakes State.
Hoping to address this problem is Republican Senator Rick Jones of Grand Ledge who sponsored the bill. He is the former Sheriff in Eaton County, MI. Senator Jones says that many law enforcement agencies only provide limited information to other agencies that are considering hiring their former police officers. “We need to have departments maintain all records if somebody resigns.”
Being a former Sheriff himself, he is very familiar with the process of hiring a new officer, and firing one who has broken the law or failed to uphold it. But Jones left the Sheriffâs office years ago. So what prompted this sudden urge to ensure that corrupt or volatile officers are followed into their next interview with a complete accounting of their past? Why now?
According to Senator Jones, he was prompted to introduce this legislation after an Eaton County deputy with a dubious professional past was able to leave his department and secure a very similar position at another department in a very short period of time. The officer in question was accused of making an abusive and improper traffic arrest. He resigned during the ensuing investigation and promptly got another job with a police department in Lenawee County doing essentially the same job.
The bill was unanimously approved by the Michigan Senate and has been sent to the House of Representatives for consideration.
Should this bill be signed into law it would require that all Michigan law enforcement agencies keep records of “the reasons for and circumstances surrounding” the end of each and every officer’s’ employment.
In addition, every officer who leaves a department and seeks employment with another department within the state would be required to sign a waiver. The waiver allows a prospective employee the right to request that officer’s records. If the department does not receive a full record from the previous department, they would not be allowed to hire that officer.
We know that most officers in Michigan are brave and hard working men and women who do their job to the very best of their abilities. Obviously, this law will not affect them in any capacity other than to ensure that their new coworkers will be of the highest calibre. However, for those officers whose personal biases and problems affect their ability to do their law enforcement jobs properly, this proposed law will ensure that they do not take their bad conduct with them from department to department across the state.
Maybe if we can get this law passed in Michigan, we can move on to require full public disclosure of bad police conduct. Transparency is a terrific concept and bad cops shouldnât be protected from public view.
As skilled criminal defense attorneys, we handle a great deal of cases where an officer has overstepped the bounds of the law. Whether it’s excessive use of force, police brutality, or mismanagement of evidence, we have many years of experience with law enforcement officers in Michigan. So if you or a loved one are facing criminal charges, and have been the victim of an officer who didnât act appropriately, contact us immediately at 866 766 5245. We are here to help you.