Statement regarding the new “SPO Act”

How the new “SPO ACT” is hurting membership

Gregg Pemberton, Treasurer

On September 20, 2016, the District of Columbia Council enacted the Senior Law Enforcement Officer Emergency Act of 2016. This legislation enables the Metropolitan Police Department (MPD) to hire retired members of the department back as Detective Grade 1s and Sergeants without liability for the annuity offset.

On October 5, 2016, Chief Newsham then published Executive Order 16-013 which outlines the process of applying for and obtaining a “Senior Police Officer” position.

The new law, which is currently in effect under a 90 temporary Emergency Act, allows the department to rehire police officers who have retired from the Metropolitan Police Department as fully sworn full-time or part-time police officers at the discretion of the Chief without jeopardy to the retirement benefits of the police officer. The Union is currently working with the MPD and the DC Council to prevent the measure from becoming permanent law under its current iteration.

The bill allows the Chief to fill vacancies with re-hired officers who have previously retired. This process has been used by the department for some time, but this new Act has some changes to the current policy. What’s different about this new bill is that it allows the department to hire retired officers not only to fill positions of “police officer”, but also for Detective Grades I and Sergeant, while also significantly increasing the pay structure for all new “SPO’s”.

But even more interesting, the bill allows the department to rehire at ANY RANK to fill these positions.

“A police officer who retired at any rank other than officer and who is rehired under this section shall not be eligible for longevity pay, but shall be eligible to be rehired subject to the following service step limitations:

(1) Class 1 (Officer) – Step 5;

(2) Class 3 (Detective Grade 1) – Step 4; and

(3) Class 4 (Sergeant) – Step 3.”

This means that the department could bring back Lieutenants, Captains, or even an Assistant Chief back as a Sergeant, Detective, or Officer.

This policy has an extremely negative effect on upward mobility in the department and the promotional process.

There are currently two live promotional lists, one for investigators and one for sergeants; however, with this new bill in effect, it seems that members will be sitting on these lists for considerably longer, and possibly even not be selected by the date of expiration. Not only does this stifle the career growth of Union members, it is also a waste of DC tax dollars because the MPD spent thousands of dollars creating a competitive selection process for investigators and sergeants. At a recent hearing of the DC Council’s Judiciary Committee, Chief Newsham stated that there are at least, “70 retired detectives who have a letter of interest on file.” With this kind of interest in the program, I think it’s safe to say that it will be some time before these positions become available to younger, still active Union members.

The program, according to the existing law, will be in effect for three years and members can sign a contract for up to five years. This means that these positions will fail to become vacant for younger members for up to eight years. It’s confusing to me how the department believes that this will prevent members from leaving the department for greener pastures or how it will increase morale.

Another point of contention is that fact that management officials often allow these SPO’s to retain their seniority, which also prevents younger officers from obtaining more desirable scheduling when it comes to shifts and days off. While SPO’s should absolutely lose their seniority once rehired under this program, we know that the department does not always adhere to Article 25, leaving active members with fewer options.

Because the department has failed to address the manpower crisis even after years of warnings from the Union, they are now resorting to this bill, which plugs retired personnel, including management officials, back into highly desired positions within the department. Sergeant and officer spots in specialized units, as well as detective positions in CID and task forces are all being backfilled with retired officers, rather than allowing younger, still active employees to matriculate into those positions.

I think it’s also important to note, that if management can hand pick whom they select for these positions, and recently retired command staff are eligible, isn’t it likely that the will be some favoritism toward selecting former management officials for these desired positions?

There is no question that this bill is being used to avoid promoting Union members after competing in a fair selection process, so management can hand pick detectives, sergeants, and officers in specialized units.

An aggressive course of action to remedy this situation would involve using litigation and administrative mechanisms such as an Unfair Labor Practice and/or grievances for all affected members, as well as actively engaging the DC Council. This would be a concerted effort to halt this process so that active members can fill these vacancies before retirees are brought back.

Hiring SPO’s should be to supplement manpower, not fill vacancies that current, active Union members are eligible to obtain.

Posted October 27 2016 at 12:27 PM by Gregg Pemberton | Permanent Link

Get Updates