Fort Worth activists see union contract as chance for police reform, urge ‘no’ vote
A Fort Worth coalition on the front lines of advocating for police reform wants the City Council to further delay approving a contract with the police department, arguing more work is needed.
But the city manager’s office and the police union contend much of what activists want can be accomplished regardless of the contract, known as a meet and confer agreement. The council vote is set for Tuesday.
The contract expires in September, though a one year grace period prevents it from lapsing immediately. Though negotiations take place between city staff and the Fort Worth Police Officers Association, the City Council must vote to accept the contract.
That was originally scheduled for June 4, but Councilwoman Ann Zadeh urged a delay. Coming off a week of tense clashes between demonstrators and the police, protesters packed, as much as they could with social distancing, into City Hall, demanding on City Council members make changes to policing. Protests have continued on and off throughout the summer.
The Star-Telegram requested an interview with Mayor Betsy Price, but her office said she would decline to comment until after the vote.
Coalitions like United Fort Worth see the contract as a way to set reform into stone, said organizer Pamela Young.
“A lot of people talk about building trust between communities of color and police,” she said. “Before you get trust you have to have changed behavior. You have to have transparency and accountability.”
The group is sending letters to council members urging them to postpone or vote against the contract until a series of changes are made that Young said would improve transparency and accountability. As of Wednesday afternoon, 68 people had signed an online form requesting to have letters sent in their name. The goal was 50.
The coalition was among those that campaigned against the police department’s special sales tax, which voters approved extending for decade July 14.
United Fort Worth hopes the city will renegotiate for six changes:
▪ Eliminate the rule that gives officers accused of misconduct 48 hours notice before being interviewed. The provision also allows officers to see all witness statements and evidence in advance of that interview.
▪ Do away with across the board raises so “bad cops” do not receive raises.
▪ Create a mental health incentive for officers which would provide $1,000 to white officers or $1,500 to officers of color who visit mental health professionals.
▪ Allow internal investigations of misconduct beyond the 180-day window provided in the contract
▪ Confirm that complaints received anonymously, online, by mail, telephone, through the police department or via the independent police monitor will be deemed “official complaints.”
▪ Make public all disciplinary records, including written reprimands, suspensions and demotions.
Young said these changes hold officers to a higher standard and remove what she called unfair advantages.
For instance, with regard to investigations of misconduct, the average person would not be afforded a 48-hour window before being questioned for accusations of murder, assault or other conduct, she said.
“I know things have been a particular way for a long time in most cities in America with all the power we bestow to police, but that doesn’t make it right,” she said. “When an officer harms the community, it seems we give them the benefit of the doubt instead of holding them accountable.”
Manny Ramirez, president of the police officer’s association, said the contract provided competitive wages and benefits, which would be important for attracting and retaining quality officers. The contract, which would expire in 2024, provides a 10.87% raise over the four years on top of raises given out on employment anniversaries. It increases sick leave payouts from 720 hours to 1,000 hours for officers who are in good standing and have at least five years of service when they leave.
“Every single item that these groups have asked for can be accomplished outside of a police contract,” Ramirez said. “The contract doesn’t govern policy or discipline. It doesn’t cover diversity or recruitment.”
The city follows requirements set forth in the state statue, Deputy City Manager Jay Chapa said in an email. Provisions like the 48-hour notice, across the board raises and when disciplinary records can be made public are governed by the Texas Local Government Code, he said.
When it comes to investigations of misconduct, the rules apply only to internal discipline, not criminal investigations. The law provides officers accused of misconduct the right to know the nature of the allegations against them if it could result in internal discipline, he said.
“No one’s memory is perfect and the City and the police department are not interested in playing ‘gotcha’ in investigating employee conduct,” Chapa said in the email. “A fair and accurate investigation is the goal and allowing the officer to learn what the allegations are and what at least some of the evidence shows, before answering questions, helps to achieve that goal.”
Ramirez called merit based pay “phenomenal,” but said it would never work in civil service jobs. The variety of job duties and situations officers face makes it impossible to use a performance grade for pay increases.
“There is no way to objectively say how well someone has performed in this job, because it’s the luck of the draw who gets 10 calls a day, who gets 20 calls a day and you can’t start setting quotas,” he said.
There may be opportunities to make other changes regardless of the contract.
Officers currently receive a $1,000 incentive related to physical fitness, but Dante Williams said the same should apply for mental wellness. Through his nonprofit, Community Frontline, which provides social services, Williams routinely interacts with officers.
There appears to be little incentive to receive mental health care, a significant concern for Williams because officers “see the worst of the worst.” Having an incentive for care may help remove stigmas attached to mental health issues, he said.
“The benefit is to help officers deal with the things they see on a daily basis,” Williams said, listing several traumas an officer might encounter, including child abuse, a fatal wreck or an officer-involved shooting. “If they can take care of their mental health, it will help them talk to the community.”
A psychological incentive was discussed during negotiations, Chapa said, but an agreement wasn’t reached. An incentive that doesn’t include additional pay could be established through the department’s General Orders. Chapa said that option is being explored.
Ramirez said the police union had approached the city about a psychological incentive, but a model couldn’t be agreed on for the contract. The city’s human resources department could require all employees receive a mental health evaluation, he said, and he would support other programs that improved access to mental health resources.
No incentive to live in Fort Worth
The contract strips a provision that awards extra points to candidates who live within the city of Fort Worth. According to the most recent data, 60% of officers live outside Fort Worth.
Chapa said this move should help diversify the department. While the force has increased the number of Hispanic and female officers, the number of Black officers has remained stagnant at around 10%, he said. About 18% of the city’s population is Black, so broadening the geographic pool of candidates should help recruit more Black officers, he said.
Ramirez said the officers union is lobbying for a statewide incentive with lawmakers in Austin. A proposal would give officers a property tax break if they own a home in the community they police.
“We think that that’s a pretty good carrot to put out there for the officers, you know, to live where they serve,” he said.
This story was originally published August 3, 2020 at 5:45 AM.
