A lack of disciplinary action against officers with a track record of inappropriate and despicable behavior has created a culture of inaction within the Metropolitan Police Department. A D.C. government audit released earlier this month revealed that three officers previously terminated for misconduct were back on the city’s police force. The audit comes after a December 2020 audit that revealed that 10 MPD officers raked in $5.6 million in backpay over an 18-month period. These officers regained their positions through an appeals process after they were fired, illustrating D.C.’s alarmingly high tolerance for violence and misconduct by police officers. MPD needs to shore up its officer disciplining procedure if the department plans to retain competent, considerate and moral officers protecting our public safety.
The level of protection D.C. residents receive is less dependable when armed police officers with histories of violence patrol the street. Police funding feeds officer deployment with funds meant to reinstate corrupt police officers with backpay, but stronger safety measures and policy reforms that can limit acts of police brutality deserve the same financial attention. MPD recognized that dozens of reinstated officers engaged in deplorable acts like child sex abuse, the improper firing of weapons and abuse of power with sex workers and those in associated professions. The department’s process for discipline and termination is malleable, acting in accordance with D.C. Code, the District of Columbia Municipal Regulations, the District Personnel Manual and precedent set by administrative and trial court decisions. But the Office of Employee Appeals – which allows city government employees to appeal personnel actions – can overturn these firings. Arbitration is hindering public safety in the District because of this permissive, police-first attitude, thereby curtailing the safety of D.C. residents, including GW students.
Policies and practices that allow dangerous officers back on the force are unacceptable and should be abolished immediately. MPD has rehired officers because “independent arbitrators believed firing to be too severe a punishment,” or because the department lacked the evidence to prove incompetence on part of the officer in question, according to the audit. Personal beliefs and subconscious biases influence decisions, especially those of an independent arbitrator or employee – as long as feelings toward police systems are as strong as ever. Racial and socioeconomic disparities that historically exist in MPD also contribute to the inequitable firing and rehiring on the basis of race, orientation or otherwise. To combat implicit biases, MPD should establish an ethics committee to set guidelines for arbitration use in these instances and set firmer boundaries to prevent officers who are convicted of violent crimes or unfit for service from returning to the force.
MPD Officer Wilberto Flores represents a shining example of why the department’s current disciplinary process is so ineffective. Flores was fired in 2011 following a guilty verdict in criminal court for exposing his genitals to women in a parking lot. While a trial board recommended suspension, he was ultimately fired, given the severity of his actions. But MPD rehired Flores five years later after the Office of Employee Appeals stated the department overused its authority in penalizing him for his actions. Because he was charged with a crime as egregious as indecent exposure – a crime that police officers enforce with an arrest – keeping Flores out of the department would be a far more appropriate decision. If the rehire isn’t appalling enough, Flores also received more than $350,000 in backpay and has prompted three reports of misconduct, ranging from use of force to improper behavior, since returning to MPD. A lack of trust is ever present when we have dangerous officers like Flores charged with the responsibility of protecting us.
A lack of trust between MPD and D.C. citizens is harmful, given that there is already a history of misconduct, discrimination and inequity with regard to police conduct. The U.S. criminal legal system, inclusive of police departments, was founded on the tenets of discrimination and violence. A lack of discipline against officers who may contribute to the perpetuation of systemic tenets of violence, worsens a system already overrun with systemic bias and mistrust by citizens. As students encounter issues relating to safety in college, like assault or stronger security in public spaces at night, they need to know that those meant to protect them will do just that. MPD must be cautious when reinstating officers, with the entire reputation and dependability of the department on the line when doing so.
The police are meant to protect us, not avoid scrutiny. It’s time to stop protecting them and start enacting measures to further keep the public safe, a job that independent arbitrators should not determine. It is critical to build and repair trust with police departments so students and D.C. residents alike can feel safe, secure and supported and trust that an officer won’t violate their rights to such feelings. With so much systemic damage and discrimination enduring across D.C. and the U.S., the money, resources and time wasted on these officers leave much to be desired.
Jessica Rich, a freshman majoring in political psychology, is an opinions writer.
