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MAP has issued
a special BOL to all police officers: watch out for attempts by
your departments to establish traffic ticket quotas!
Despite the
fact that this union and just about every other law enforcement
organization thought the concept was long-gone, some chiefs in Wayne
County apparently have decided to resurrect the concept.
This development
raises a red flag. First of all, MAP believes that any implementation
of ticket quotas has the potential to be a violation of law. The
union's position isn't merely theory. Here's what an excerpt of
Michigan's Vehicle Code states:
A police
officer shall not be required to issue a certain number of citations
for violations of this act or of local ordinances substantially
corresponding to provisions of this act, including parking or standing
violations, unless the issuance of citations is a part of a police
officer's performance evaluation system and the issuance of citations
is not given any greater consideration than any other factor in
the evaluation of a police officer's performance. In the absence
of a police officer's performance evaluation system, the issuance
of citations shall not be given any greater consideration than any
other factor in the evaluation of a police officer's performance.
The intent of
this provision - section 750 of Act 300 of 1949 - is clear. However,
while it recognizes the dangers of establishing quota systems, it
also speaks to the potential for departments to implement such systems
within the context of performance evaluations.
This is where
the "red flag" comes in. Any performance evaluation that
includes ticket quotas as a factor must - according to the code
portion cited above - meet very specific requirements in order to
be legal. Much is a stake whenever this factor comes into play.
Officers' evaluations obviously can be negatively affected if they
fail to meet whatever standard is set.
In other words,
careers can be impacted, especially if departments do not take care
to meet every requirement of the law.
However, MAP's
position is that virtually any attempt to establish ticket quotas,
regardless how the practice might be couched within an officers'
evaluation system, can be interpreted as an attempt to circumvent
the law.
Police unions
don't often quote Shakespeare when making a point. However, it's
accurate to apply the line "A rose by any other name is still
a rose." A ticket quota by any other name is just as certainly
a ticket quota, and it doesn't smell much like a rose.
MAP is putting
all employers on notice, via the grievance procedure, that quotas
won't simply be accepted because departments choose to describe
them in different terms.
All officers
from all departments should watch carefully for attempts to resurrect
the idea of ticket quotas. This is an important BOL. If the specter
of a quota should arise, all affected officers can contact the MAP
office (248-304-8800) for assistance.
One final thought:
If any police union member was put into the uncomfortable position
of being able to write a violation to the chief of police, would
the citation count toward his or her quota numbers? The irony of
this situation is pretty obvious - the department, itself, would
have created the incentive to issue the ticket.
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