A police-union policy that covers more than 4,000 law-enforcement officers in the state, including Denver sheriff’s deputies and some of Denver’s police officers, compensates officers suspended from duty without pay.
Some critics, including Denver independent monitor Richard Rosenthal, contend the policy undercuts discipline efforts. They argue it makes it hard to hold wayward deputies and police officers accountable for wrongdoing.
“What it really comes down to is a paid vacation for the employee who has committed misconduct,” Rosenthal said.
The benefit is included as part of union members’ $16-per-month dues, which have generated a pool of money in excess of $700,000.
The policy will cover up to three days of suspension or up to $450 for duty-related misconduct, including use of excessive force, abuse of sick leave or failure to appear at a work assignment.
The policy also covers attorney fees for officers accused of misconduct on duty, but union representatives would not disclose how much was spent on the “payment in lieu” option, which is used when a deputy decides not to appeal a suspension decision.
Officials with the Colorado Fraternal Order of Police declined to provide any details on how much has been spent to compensate their suspended members.
Loveland police Sgt. Benjamin Hurr, treasurer of the CFOP, said just because the union gives out pay to suspended officers doesn’t mean there’s no punishment.
“It’s not intended to replace an officer’s salary fully,” Hurr said. “It’s just intended to help.”
He said he believes perhaps 20 officers or deputies benefited from the program this past year.
“I think there’s still a punishment,” he said. “The officer’s reputation has still taken a hit at the department.”
Capt. Frank Gale of the Denver Sheriff’s Department, the president of the union, said: “We’re a private organization, and we can do whatever we want for our members.”
A common practice?
Putting into context whether the program is unique to Colorado is difficult since there’s no agency tracking such information. Media reports on a similar program operating in Los Angeles recently sparked criticism there.
Furthermore, there’s a separate relief fund that will provide additional financial assistance for suspended deputies on a case-by-case basis. Up to 40 union lodges throughout Colorado will help raise the money if the board of the CFOP approves a request for help from a suspended deputy, Gale said.
Those records also haven’t been made available for public review. Gale said the relief fund is used primarily to pay for sick deputies or those facing financial hardship, although it also can be tapped to help suspended deputies.
Rosenthal, who is in charge of monitoring how misconduct is handled in Denver’s police department and sheriff’s office, said he doesn’t know how many disciplined deputies or officers have benefited from the programs.
Rosenthal said he can’t access the records of the CFOP to determine who is receiving suspension pay because the union is a private organization and doesn’t have to offer its books for inspection.
“The policy seems to take away the ability for the safety manager or the manager of corrections to discipline their employees,” Rosenthal said. “It results in a situation where discipline imposed is in name only.”
He added: “It certainly seems against good public policy.”
Few officers affected
Only a fraction of Denver police are eligible for the benefit. Most police officers are members of another union, the Denver Police Protective Association, which has a policy that pays attorney fees for those appealing discipline decisions but does not offer pay for officers who are suspended.
Gale and other officers with the CFOP defend the suspension-pay policy. They say it protects against an overzealous administration, which sometimes offers an employee the choice of being fired or accepting a proposed punishment with the caveat that the employee will not appeal.
“We’re a labor organization that represents law-enforcement officers,” Gale said. “We’re an advocacy group for law enforcement, and we’re not ashamed of that.”
Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
