Arbitrator’s reversal shows need for fix of police discipline

The process to fire a police officer is complex and includes elements of labor law. A recent Seattle incident reversing a cop’s discipline highlights the need for reform.

Earlier this month, an arbitrator determined a Seattle Police Department officer was wrongly terminated in 2017 after she and another cop fired dozens of rounds at a stolen car fleeing a crowded neighborhood. Mayor Bruce Harrell responded with justifiable dismay.

“SPD policy is clear: Officers will not shoot at a moving vehicle. The use of force in this case was a significant violation of that policy, SPD training, and the expectations placed on Seattle’s police officers,” the mayor said in a prepared statement. “The Chief of Police’s decision to dismiss should be upheld.”

Harrell added: “When arbitrators can agree with the department on violations of policy — especially serious and deadly uses of force — but discount the decision of the Police Chief on discipline, our accountability system is undermined and public trust is eroded.”

The arbitrator did not order Officer Tabitha Sexton to be reinstated at SPD, figuring too much time had already passed since 2017, according to a story by Times reporter Mike Carter. However, the arbitrator ordered the city to pay back wages that will exceed $600,000.

Under state rules, police discipline is subject to collective bargaining and the parties may agree to binding arbitration to resolve grievances.

In the last legislative session, the Mayor’s Office supported the reforms contained in Senate Bill 5134, sponsored by Sen. Jesse Salomon, D-Shoreline.

Among other provisions, the bill would have prohibited law enforcement officers’ collective bargaining agreements from including certain provisions related to discipline and oversight. It also would have prohibited arbitration for appeals of law enforcement discipline for misconduct and require appeals to go through a civil service commission, hearing examiner, or administrative law judge.

The bill failed in the Senate Committee on Labor, Commerce & Tribal Affairs in 2021.

Next year, Harrell said his lobbying team will be back in Olympia “pushing for changes in state law to fix this arbitration issue and ensure accountability is at the core of police work.”

Harrell is right to make this a priority. The Legislature should act. Changes are necessary to maintain and enhance public trust of law enforcement.