Policing. A Badge is still not a license.





"If labor laws and union contracts do not change the balance of power, nothing else will change."

I wrote those words on November 17, 2020 in a post about police reform.  I was not optimistic. Such a change takes a LOT of effort to overcome entrenched stake holders (read:  Police Union).  Much to my surprise, there is already one example of overcoming the Police Union's strangle hold on discipline and transparency.

It seems the Hawaii legislature passed Act 47, a bill to undo the requirement to keep police discipline records confidential.  The police union is fighting Act 47 with all the resources it can muster:

"The State of Hawaii Organization of Police Officers responded by filing several legal challenges in all the counties arguing that Act 47 should be declared unconstitutional because it infringed on officers’ privacy rights and violated the union’s collective bargaining agreement, which includes numerous confidentiality provisions meant to keep officer misconduct under wraps."

The Judge ruled against the union's arguments.  Every one of them.  Act 47 is the law in Hawaii now.  Until an appeal overturns this decision, or the union convinces the legislature to change Act 47, the police will be treated the same as all other public employees.

I'm not saying this will succeed on appeal; there are several arguments the union can make on appeal (as long as those arguments were made at the trial).  But there can be no doubt that this is important.  The union lost on all points.

I'll say it again.  

A BADGE IS NOT A LICENSE TO KILL, MAIN, OR OTHERWISE HARASS CITIZENS.

I'll follow this.  If any other states try the same strategy to shine a light on unions that fear and fight for darkness, I'll let you know.  In the mean time....WELL DONE, HAWAII.




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