|
Police Sergeant
|
1
|
$ 58,404
|
|
Police Officer
|
5
|
304,250
|
|
Total Personnel Costs
|
|
$362,654
|
Some Wisconsin localities require police officer candidates to obtain law enforcement certification prior to applying for employment as a police officer. MATC offers such a law enforcement certification program; however, it is the City of Milwaukee’s policy that police officer recruits still have to take the City’s own training program even if they hold such prior certification. Would requiring completion of law enforcement certification prior to applying to be a Milwaukee police officer be a matter for labor contract negotiation, or could the City simply implement this as a policy change? What would be the cost savings if the City required applicants for police officer to obtain certification on their own, prior to applying for City employment?
BACKGROUND
Wisconsin Statutes gives a 15-person Law Enforcement Standards Board (“LESB”) the power to establish minimum educational and training standards for admission to employment as a law enforcement officer. Over and above certain minimum requirements, the LESB requires that law enforcement candidates obtain “law enforcement certification” by completing a state certified training program. Both the City of Milwaukee and the Milwaukee County Sheriff have training academies that enable recruits to obtain certification. However, other communities and law enforcement jurisdictions in southeastern Wisconsin do not have such academies. The 13-week police training program offered by MATC not only provides certification training for recruits hired by jurisdictions without academies, but also serves as a “resume builder” for civilians interested in a career in law enforcement.
2005 RESEARCH
In late 2005, Ald. Donovan explored the concept of sending Police Department recruits to the MATC state certified training program for the first 13 weeks of training. Under the studied scenario, the City would have paid the MATC tuition of those police officer candidates who had passed all initial phases of the Board of Fire and Police Commissioners (“FPC”) selection process, with the candidate required to complete the MATC course prior to being hired by the City. In theory, the typical 23 week Police Academy training period, where recruits are paid employees of the City, could then be reduced to just 10 weeks, thereby savings the City 13 weeks of salary and fringe benefit costs for each recruit.
In a legal opinion dated October 28, 2005, the City Attorney’s Office weighed in on hiring applicants only after the successful completion of the 13-week MATC class, pointing out several potential hurdles to implementation. It appears that these hurdles were by no means insurmountable. Briefly:
1) The FPC sets the rules of selection and appointment to the Police Department. As such, the FPC would need to authorize any changes to the selection process of recruit candidates.
2) For Americans with Disabilities Act reasons, it was deemed important that City medical examinations be given after completion of the MATC class.
3) The City and the applicant should agree in writing that there is not guaranteed employment with the Police Department upon graduation from MATC.
4) Whether such a change would present a disparate impact claim under Title VII of the Civil Rights Act of 1964 was deemed a gray area. A disparate impact claim exists when an employer has adopted a particular employment practice that, although neutral on its face, disproportionately and negatively impacts members of one of Title VII’s protected classes.
5) Because the candidate would not officially be hired by the Police Department until completion of the 13-week MATC program, a LESB waiver may be required if the candidate had neither a 2-year associate degree nor 60 college level credits.
CURRENT INQUIRY
The current employee suggestion is different from the 2005 Ald. Donovan scenario in one small but important regard: Under the Donovan scenario, the candidate had established a quasi-relationship with the City (e.g., candidate passed preliminary screening by FPC; City pays candidate tuition) whereas the current suggestion appears to require the candidate to obtain law enforcement certification, via MATC training, prior to applying with the City. If so, then issues #4 and #5 highlighted in the 2005 City Attorney opinion could prove more problematic.
Specifically, the LESB requires that a law enforcement applicant shall:
“possess either a 2-year associate degree from a Wisconsin technical college system district or its accredited equivalent from another state or a minimum of 60 fully accredited college level credits. An applicant who has not met this standard at the time of employment shall meet this standard as a requirement of recertification by the Board at the end of his or her 5th year of employment as a law enforcement officer.”
Whereas the significant majority of Wisconsin municipalities require educational requirements be fulfilled prior to application with the respective police department, Milwaukee does not. Rather, Milwaukee requires officers complete requisite education within 5 years of employment. This policy, part of FPC recruitment and testing standards, has been in place to ensure that Police Department sworn strength reflects the community at-large by hiring candidates from the full spectrum of cultural backgrounds and socio-economic levels.
Requiring candidates to attend obtain law enforcement certification prior to consideration for employment is, on face, a de facto requirement that the candidate possess an associates degree or 60 college level credits prior to employment with the Police Department. (This is indeed a requisite entrance requirement to the MATC program.) This would be in direct conflict with current FPC recruitment policy. However, Vince Vitale, MATC Associate Dean of Protective Services, indicated that the school could waive the requisite education requirements if the candidate were “sponsored” by the City. Whether the LESB would grant a waiver given that, under this proposal, the applicant has no relationship with the City, would need to be determined.
If this proposed arrangement indeed requires civilians to have satisfied the associate degree/college credit requirements prior to entering the MATC program, then Title VII of the Civil Rights Act of 1964 issues may arise. Specifically, the federal government may deem that these higher educational requirements adversely affect minority and/or economically challenged individuals who would otherwise be qualified for Police Department recruit training.
On the other hand, is should be mentioned that various professional law enforcement organizations have and continue to push for stronger educational requirements for police officer applicants due to the demands of 21st century policing and corresponding move to more “community oriented” policing.
Labor Contract or Policy Change?
With respect to the question of whether requiring completion of law enforcement certification prior to applying to be a Milwaukee police officer is a matter for labor contract negotiation, the answer appears to be contained in the final paragraph of the 2005 City Attorney opinion, contained below. “Impact bargaining” can be described as bargaining over the impact of a policy after the policy has been adopted.
“In our judgment, given the predominant policy and management aspects of your proposal, there is no obligation to bargain with the MPA, prior to the implementation of the changes you envision, with respect to the City’s decision to incorporate MATC’s 13 week training program as part of the City’s selection criteria for police officers. If the City’s policymakers approve such a course of action, however, the final characteristics of the program may give rise to an obligation to engage in impact bargaining with the MPA.”
Cost Savings of Requiring Certification Prior to Applying to MPD
The cost savings of requiring law enforcement certification prior to application to the Police Department lie primarily in avoided salary and fringe benefit costs. Other costs per recruit, including $361 for equipment, $632 for uniforms, $600 for a protective vest and $453 for training ammunition, are incurred regardless.
As stated earlier, the Police Academy training period could theoretically be reduced by the 13 weeks of base standard training provided by the MATC certification program. However, the Police Department has opined that the 13-week MATC program would only translate to a 6 week Academy reduction. For comparative purposes, I have also provided the savings assuming the Academy time could be reduced by 8 weeks, 10 weeks, and finally the full 13 weeks. All scenarios assume a recruit class size of 40.
PRIOR CERTIFICATION ACADEMY COST SAVINGS
|
Academy Reduction
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Salary Savings
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Salary + Fringe Savings*
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|
6 Weeks
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$216,884
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$286,287
|
|
8 Weeks
|
$289,179
|
$381,717
|
|
10 Weeks
|
$361,474
|
$477,146
|
|
13 Weeks
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$469,916
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$620,289
|
(*) Assumes a 32% fringe benefit factor.