Austin News

No one wants to keep police officers or other public servants on the payroll if they aren’t doing their job properly.

But that is exactly what is happening across America. It’s why Derek Chauvin, the Minneapolis police officer who has been charged with killing George Floyd, was still in uniform despite having 17 misconduct complaints filed against him in 18 years.

Union contracts make it extremely difficult for cities to discipline wayward employees, and virtually impossible to fire them. 

Jonathan Riches | Submitted

Jonathon Riches, the Goldwater Institute’s director of national litigation and general counsel, and Robert Henneke, the general counsel and director of the Center for the American Future at the Texas Public Policy Foundation, co-authored an op-ed on the subject for the Austin American Statesman.

Somehow, union intervention in these matters gets worse.

“What’s more, union representatives negotiating for those provisions and representing officers subject to disciplinary proceedings are often not paid by the union, but instead by you, the taxpayer,” they wrote. “Under a practice called union ‘release time,’ government agencies, including law enforcement agencies, allow public employees to be released from the jobs for which they were hired and instead be assigned to work full-time for a private union — all while receiving full government pay, benefits, and retirement.”

There are at least three unions in Austin with contracts that allow paid release time from the city. 

The Goldwater Institute and the Texas Public Policy Foundation filed a lawsuit in 2016 contesting the ability of the city to allow the president of the firefighters union to work full-time on union affairs. The department gives the union the equivalent of three other full-time workers.

Henneke said this clause in the contract violates the Texas Constitution prohibition of giving public dollars for private activities. The case is scheduled for trial in Travis County District Court in December. 

The issue of release time is especially prevalent with police unions he said. The Goldwater Institute points out that in the city of Phoenix, six full-time police officers work exclusively for their union, while receiving taxpayer-funded salaries and benefits.

They had been away from their regular duties so long, when they were ordered by a judge to return to patrol, some were required to return to the police academy for training.

“Unions waste public money by insisting in collective bargaining agreements with cities that taxpayer funds be spent to the benefit of the union, rather than providing for public safety,” Henneke told Austin News.

He said the problem is especially prevalent in cities under Democratic control. The only hope for change is under conservative leadership in states and cities where elected officials are not beholden to public sector unions for money or votes.

Riches said it costs the public a huge amount of money every year.

“Yes, release time is generally favorable for police unions as compared to other groups. In Austin, by my last count, the city allows the equivalent of three and a half full-time release positions, or 7,000 hours,” Riches told Austin News. “This is an issue with both public sector labor unions and the municipalities and local politicians who grant these generous benefits. Oftentimes, rank-and-file employees are not aware of and may even oppose things like release time.”

These practices are linked to local politics and deals between elected officials public employees, Riches said.

“Public sector unions, in concert with municipalities and politicians that receive union support, put in place provisions in collective bargaining agreements that provides the union certain benefits that no other group enjoys (for example, taxpayer-funded time to work exclusively for the union),” he said. “Public sector unions are also politically active in terms of both supporting and opposing candidates for election and in lobbying for or against proposed legislation, often at taxpayer expense.”

Riches said it is time to stop issuing these contracts and forcing the public to subsidize unions.

“Private union activity should be paid with private union dues, period. With things like release time, the taxpayer is forced to finance all sorts of private activities, including collective bargaining, disciplinary representation, and certain political and lobbying activities,” he said. “This means that the taxpayer is funding both sides of the bargaining table, and many activities that many taxpayers oppose.”