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Ofc.714
01-27-2007, 03:16 AM
Our dept. is drafting a vote of no confidence. We don't have experience drafting this, and are curious if anyone out there can link us to a copy, or give us some ideas. Thank yoU!

Traffic_82
01-27-2007, 05:15 AM
http://www.tamuk.edu/senate/No%20Confidence%20Document.htm

Here is a sample one, but keep in mind it's written for a university head (but the format is easy to follow via subsituting the sections of your choice).

Either way, your situation doesn't sound good...
good luck, and stay safe!

L-1
01-27-2007, 06:58 AM
What you are proposing is extremely serious and the fallout may go way beyond your POA, so I would caution you to make sure you have all your ducks in a row before going for the vote.

The first thing you need to do is vet your complaints. Do your allegations describe violations of the law or department policy, or are they simply philosophical differences? If they are just philosophical differences, you may come off sounding like nothing more than a bunch of whiners and snivelers.

OTOH, if you cite serious professional misconduct, in all likelihood an investigation will be made into your charges. With this in mind, you've got to make sure proof exists and that you're not simply knee-jerking to a few malcontents who are running their mouths. I saw this happen 20 years ago in an agency I used to work for. Almost a hundred allegations of serious misconduct were made against an individual and it took five months to complete the investigation. In the end, it turned out that not a single charge was true and that the whole thing was instigated by a group of problem children who were making a power play and who were good at infecting others with their unhappiness. In the end, the agency became so divided that they had to hire an industrial psychologist to come in and try to repair morale. In the mean time, the employing agency was so embarrassed that so many trained and experienced police officers had made so many allegations of misconduct without any proof whatsoever that they downgraded the investigation from an I/A to a "fact finding inquiry." They then buried the file for years and silently prayed that the accused didn't sue the department and the officers who initiated the complaint.

In any case, before you even put the matter to a vote you need to collect and document all the proof of misconduct there is (time, date location, law or rule violated, witness statements, existence of physical evidence, etc.) and have it packaged and ready to turn over to whoever is directed to investigate your charges. Assuming you work for a city, the city council will want it, the city manager will demand it and the accused will publicly allege you are lying sacks of s--t if you cant immediately make your case in full to the investigating authority.

I don't want to discourage you, but from a professional point of view what you are doing is extremely serious. I'm sure that you see it as just trying to make working conditions better. But at the same time you will now be playing politics at the deadliest level. Make sure you are right and you have all the proof you need, otherwise it could spell a short end to your career.

SlowDownThere
01-27-2007, 10:20 AM
What you are proposing is extremely serious and the fallout may go way beyond your POA, so I would caution you to make sure you have all your ducks in a row before going for the vote.



When you shoot at the king, you must kill the king.

Irishluck31
01-27-2007, 10:51 AM
When you shoot at the king, you must kill the king.


I love a good mutiny. :D

L-1
01-27-2007, 04:14 PM
When you shoot at the king, you must kill the king.

Plus all of his family and friends. Otherwise they will all come after you until you are gone.

Ofc.714
01-27-2007, 07:04 PM
Thank you for all your advice and candid opinions. This is not something we want to do, just a "last resort" if the dept. doesn't fix what is wrong. I can assure you that the issues are in violation of labor laws for our state, and compliance issues with POST mandates.

I sincerely hope that it doesn't come to this, but we just want to be prepared. I understand that we must be 100% "bullet proof".

L-1
01-27-2007, 10:34 PM
One last thing to consider. If you work for a specialized agency where your chief is subordinate to a civilian with no law enforcement background, all of your problems may not be of your chief's doing. I have seen many instances where a civilian superior has ordered a chief to have his officers refrain from enforcing certain laws, to have them ignore violations committed by certain persons, to ignore legal training requirements, to violate officer's I/A rights, to punish officers simply because the administrator didn't like them and to violate citizen's rights, etc. Often these civilian administrators mistakenly believe that because they are in charge, the have the power to repeal laws enacted by the legislature and to substitute their own personal philosophy under the color of official right.

Because most Chief's positions are "at will" rather than protected by civil service, fighting one's administrator is a sure way to get pushed out (the squeaky wheel gets replaced). Typically administrators will lie and deny that they ordered any wrongdoing and later fire the chief for some minor infraction.

I remember one agency where the civilian administrator ordered the chief to appear at public hearings and testify that the department opposed giving rises to its officers. In another instance, the same administrator ordered a study to determine how much the department would save if it sold all its guns and had its officers work unarmed. As progressive as California is, I can also think of two specialized Southern California agencies where one administrator was a flat out crook while the other was merely dumb and arrogant. In both cases they went through chief's like water because of all the illegal things they wanted them to do.

My point here is before you call for a vote, do some checking and make sure your chief is really the bad guy and not just some shmuck who's caught in the middle and doesn't want to lose the ability to feed his family. If the problem is a civilian administrator, firing the chief won't help as he will simply be replaced by someone else of the administrator's liking. You will need to target the civilian administrator instead.

SRT936
01-30-2007, 02:49 AM
Listen to L-1. He shows significant wisdom in this field.

I'm a veteren of organizing a no-confindence vote and can tell you, its not easy. First, consult with your union lawyers before you do ANYTHING else. If your Chief is appointed or hired, there is a significant web of legalities to work through. If its an elected position, its a bit a easier but still tricky.

Second, examine your complaints carefully. More often than not, no-confidence votes come off to the general public as whining. A chief with a strong media relationship can often spin the vote in such a way to make your association look like a bunch of disgruntled whiners with a personal axe to grind. Remember to average citizen, we have it pretty good and many of the things we complain about they have to put up with worse daily.

Finally, make sure that its conducted by a controlled secret ballot to all association members. Put as much thought and control into it as most elections do. You may be called to task for it later on.

Don't take anything I said as trying to dismiss your complaints. Quite the opposite is true. I totally understand being under the thumb of a tyrant who refuses to obey even the simplest labor laws. I just want to caution you to have your ducks in order. (BTW, our vote successfully ousted our tyrant. It can be an effective tool in your arsenal.)

just joe
01-30-2007, 10:30 AM
What L-1 said. It is sound advice.

rgv_cop
02-01-2007, 02:58 AM
http://www.tamuk.edu/senate/No%20Confidence%20Document.htm

Here is a sample one, but keep in mind it's written for a university head (but the format is easy to follow via subsituting the sections of your choice).

Either way, your situation doesn't sound good...
good luck, and stay safe!

:eek: I graduated from that university in 98.