In an era where law enforcement is facing more public scrutiny than ever, employers are attempting to step up efforts to curb both violent and racially biased behavior by officers on the street and in the office.  Months ago, we discussed the City of St. Paul’s effort to terminate five officers who willfully turned their heads away from a former officer engaging in aggravated assault of bar patrons.  Today, we’ll discuss a recent arbitration award involving the City of Minneapolis and its police union.

In The Police Officers’ Federation of Minneapolis and The City of Minneapolis, the grievant, Mark Bohnsack, a 20-year police officer in the city, was terminated after he and his partner decided to place several pieces of trash on the department Christmas tree.  The items included a package of menthol cigarettes, an empty can of malt liquor, a paper cup from Popeye’s Kitchen, and wrappers of Takis and Funyuns, along with some police crime scene tape.  A member of the Minneapolis community saw the tree decorated in this manner, took exception to it due to its negative connotations towards the black community, and posted a picture of the tree on social media.

Both the department leadership as well as the city’s mayor were upset about the decorations, and the officer was soon placed on administrative leave pending an investigation.  Following the investigation, it was determined that the actions of the officers warranted termination.

The City had no problem proving the fact that the grievant was responsible for his actions – he admitted to doing it.  However, the officers were also convincing, at least to the arbitrator, that their lone motivation for the prank was harmless and included no intent to be discriminatory towards the black community they served.  They insisted they were simply playing a joke on the co-worker who put up the tree and was known for being a bit of a neat freak.

Despite the fact that these were officers with 20 years of experience working in diverse communities of Minneapolis and the public’s interpretation of the racial undertones to the garbage placed on the department Christmas tree, the grievant was returned to duty.

The arbitrator appreciated the “hot button” topic of racial bias in policing that had been in the public’s eye for the past several years.  However, the arbitrator also noted the mayor’s office had pushed for the grievant’s termination prior to the completion of any investigation, that the department had not interviewed the “neat freak” officer who put up the Christmas tree, and the fact that there was other, less inflammatory garbage placed on the tree, such as a vodka bottle and cans of beer.  The arbitrator also found that the grievant lacked any formal discipline in his previous 20 years of service and no incidents of biased policing.  Finally, the arbitrator noted several instances of disparate treatment within the department, including two supervisors who viewed the Christmas tree and took no action, but were not terminated.  As a result, the grievant was issued a 320-hour suspension.

This decision shows the uphill battle departments are facing when they attempt to correct behaviors that have been plaguing their organizations for years.  Actions that were once tolerated due to years and years of cultural insensitivity are finally being dealt with appropriately, but employers now must overcome their past in order to have their decisions upheld.   Making a change in employee behavior cannot start with how you discipline certain actions, it starts with thorough training and evaluation of employee performance, and rooting out the bad behaviors that lead to a lack of trust between the police and the community they serve.  If you, or your organization need assistance with the performance management, investigation, or discipline of your employees, contact the Wiley Law Office, for labor management advice that works.