Feb. 20, 2023 | Travis Vernier, Esq.
In 2020, Oklahoma City Police Chief Wade Gourley unilaterally implemented "Chief Directive 20-04." The executive order prohibited officers from "advising, consulting with, providing assistance to, or testifying on behalf of the defense" in any criminal case investigated by the Oklahoma City Police where the department has jurisdiction or where the city was a party.
The police officers' union, FOP 123, filed a grievance with Chief Gourley, alleging the directive violated the union's contract by changing the working operations of the department. The union also claimed the mandate violated state and federal law.
In the fall of 2021, an arbitrator agreed with the FOP 123 and sustained an award (FMCS 200324-05085) against the city. Arbitrator Peter J. Clarke, jointly chosen by the parties, found, "...Directive 20-04 acts as an expansion of existing policies regarding secondary and outside employment. The facts fell short of the Agency making sufficient showing that the Directive did not unilaterally modify the CBA, thus the Agency is barred from implementing the Directive...." The award restricted the chief's ability to prohibit outside jobs by officers and required the city to negotiate the change with the union.
In December of last year, the city filed a lawsuit in state district court, seeking to have the award overturned. The city claims: (1) The grievance was untimely filed by the union, (2) the arbitrator disregarded the department's past practices concerning "conflicts of interest,” and (3), the award is counter to the policies announced in Brady and Giglio, U.S. Supreme Court cases.
In response, the FOP argues that the award should be sustained and enforced based AFSCME v. Norman, 2019 OK 35, an Oklahoma Supreme Court case, which holds that Oklahoma courts are limited in their review of arbitration awards.
The matter between FOP 123 and the city concerning the arbitration award continues to be litigated in state court. We'll keep following the case and provide you with updates as they become available.
Travis Vernier is a founding partner at Bennett Vernier, an Oklahoma law firm dedicated to defending first responders.
