Arbitrators Frequently Overrule City On Fired Officers

Sunday, May 27th 2007, 2:43 pm

By: News On 6

OKLAHOMA CITY (AP) _ An Oklahoma City police officer who had sex with a prostitute while on the job and another who lied on a police report are among those who have been fired but managed to keep their jobs when outside arbitrators overruled police brass, according to a published report.

In eight of 11 cases in the past decade, fired officers who've taken their cases before arbitrators have been reinstated, The Oklahoman reported in a copyrighted story in Sunday's edition.

Police Chief Bill Citty says when it comes to disciplining his officers, he is bound by the state's arbitration laws and the collective bargaining agreement between the Fraternal Order of Police and the city.

``Binding arbitration is really unfair to management,'' said Citty, who became the city's top cop in 2003. ``I have not won one single disciplinary arbitration since I've been chief.''

Randy Kirby, president of the local police union, said the arbitration system is the only protection officers have against unjust labor practices.

``It's absolutely fair,'' Kirby said. ``We gave up our right to strike; therefore, that's the only avenue we have for fair bargaining.''

In three cases, officers were accused of sexual misconduct while on duty. One firing was upheld; the others were overturned.

Officer Travis Hinton was fired in 1998 after he slapped a handcuffed 17-year-old boy in the face, then failed to report the incident and falsified a police report. He was reinstated by arbitrators but suspended for almost a month without pay and put on probation for a year.

Hinton recently told The Oklahoman he made a mistake that day but didn't deserve to be fired. He said the arbitrator's decision in his case was just.

Citty said the evidence was overwhelming in the four firings that occurred under his watch. The cases had been investigated by internal affairs and then examined by deputy chiefs who made recommendations to Citty before he reached a decision.

``And then one arbitrator comes in and looks at the evidence and overrules every single person who already looked at it,'' he said.

State law bans police and firefighters from striking or instituting work stoppages or slowdowns. Instead, arbitrators resolve ``disputed questions,'' and their decisions usually are final.

City officials can appeal in court if they think the arbitrator's decision violates the contract between the union and the city.

In the past decade, 10 Oklahoma City police officers did not take their firings to arbitration, records show. An additional 18 accepted punishments that resulted in a loss of pay or demotion.