IT'S TIME TO LICENSE- NOT DEFUND THE POLICE

A way forward – It’s time to LICENSE the Police

It has become abundantly clear in recent days that the country’s divisions are deep. Whether it’s politicizing the use of masks or the interpretation of the Black Lives Matter movement it’s becoming clear that a place to start is to assure all black people in this country that the police departments that are seen as protecting and serving the white communities are there for the same purpose in the Black community. As a product of the '60s I am reticent to use the term Black Community because it suggests a division or segregation. The civil rights movement was to have dissolved these differences. In fact, the term “Community” is different in this use. Many of our Black friends are more at risk when they rightly are present in a largely white community, whether they are a resident of that same area. There are well known cases of “What are you doing in this area” being asked of Black folks when in a predominantly white neighborhood. Often they are living in that same community. In black communities often the police don’t “protect and serve” they enforce laws. In the white communities they are there to provide for the safety of the residents and businesses. All citizens in our society must have the same sense of protection and service from our police departments and the perception that they are there to protect and serve is vital to the societal confidence in our law enforcement professionals. The existence of TRUST between the population and the police is a crucial component of preventing crime. Police need information from the community to protect the community and prevent crime. When the community doesn’t trust the police this communication doesn’t exist and it makes it more difficult to deliver proper safety and service in a community.

It has long been said that there are good cops and some bad cops and that the bad apples shouldn’t be allowed to pollute the whole barrel. The problem is that there has been little done to prevent the proliferation of their ability to be police officers when they are seen as not being one of the “good cops”.

Much has been said about hiring the right people, training them properly and disciplining them appropriately when they diverge. Clearly even the best of us make mistakes in how we handle situations and will regret an inappropriate statement or action. The real concern is the correction of behavior in either departments or individuals where bad behavior is endemic.

One suggestion is better training of police officers and training is one component. What is a concern is that when a police officer is fired and not convicted of a crime they can go to another police department and in some areas may even be desired because of the sense of “toughness” in handling “crime”.

Why not LICENSE police officers. In every state we license professionals for the protection of the public. We license Doctors, Nurses, Physicians assistants, Barbers, Estheticians, Insurance agents, Real Estate agents and Brokers. In some areas even car salespeople are licensed.

WHY NOT POLICE? Officers must clear “POST” which is the Police Officer Standards and Training Council. Why not fully license them? Licenses could be for a period of 4 or 5 years. This would give administrative agencies the option to non-renew or suspend a license for bad behavior. The officers would apply for license renewal and a “Board” could review their service records during the term of the license to approve or deny renewal. They could even get additional certifications along with their licenses as “endorsements” or be required to take additional continuing educational units as a component of licensing eligibility. Imagine if there were continuing education units available and required as a part of licensing renewal, for crowd containment, de-escalation, diversity, domestic violence intervention and other such skills necessary. This additional training or completion of a certain number of hours could be a requirement of renewal of the license. Officers that receive special certifications should be eligible for additional compensation. Many GOOD police officers have gone back to school and become lawyers. Their view of the law adds to their professionalism and should equate to additional compensation as does additional education add to the compensation of teachers. What if other classes such as social work and other disciplines were added to the police officer’s mandatory and ongoing educational repertoire as a condition of license renewal.

Another benefit would be that a Board would determine the overseeing of complaints against police officers. While departments, today, have hearings and boards of rights for police officer misconduct hearings, many don’t effectively discipline officers. The existence of powerful police unions is another issue adding to the difficulty in discharging a police officer for misconduct.

Under the licensing construct if there was a certain type or severity of complaint, similar to violation points on a driver’s license, the officer would be called to a hearing. The officer should still be protected by due process and could be represented by a union legal representative.

After the hearing, if the police officer was disciplined or suspended, that would be part of their licensing file. IF they had subsequent license violations the Board could revoke their license. IF a police officer’s license was revoked, they would be ineligible to be a police officer in any other jurisdiction because the other jurisdiction would have to only employ licensed officers. Certain minor infractions would generate points that would accrue. If an officer garnered a requisite number of points, they would be called to a license hearing to determine fitness to retain their license. Their license may be given a probationary status. IF a major violation occurred, they would be called to an immediate license suspension/termination hearing in front of the licensing Board. Unlicensed personnel would be limited to issuing parking tickets and other less impactful functions. The creation of a Federal database, managed by the Department of Justice, should be mandated by Congress and the results of these licensing actions should be documented in the Federal database registry.

It is incomprehensible that the parent of a Black child in this country has “the talk” with their child about how to stay alive and not get killed when stopped or questioned by a police officer. These same kids should be able to look up to the police officers in their community and know that they are there for their safety, not just their enforcement.

Our police exist to protect and serve and create an order to society. We can’t live in anarchy. However, when the public no longer has respect for that same authority, conditions will devolve into anarchy nonetheless.

The licensing of police officers, with ongoing educational requirements, standards and oversight as well as a Federal registry would prevent a ”bad cop” from being terminated, swept under the rug and appearing in another locality, only to prey on the population of their new location.

IF licensing and ongoing educational requirements are good enough, and required nationwide, from Doctors to Barbers why wouldn’t we require a similar standard for police officers to whom we afford the legal ability to mete out lethal force and to whom we look for the maintenance of order and safety.