Police Officers' Bill of Rights 2
Abstract
The case study explores the history and development of the "Police Officers' Bill of Rights"
(POBR) legislation in the United States. It focuses on its genesis in the federal bill sponsored by
Congressman Mario Biaggi in 1971-1972. Despite repeated attempts, the federal version of
POBR failed to pass both Houses of Congress. However, at least 17 states and one Canadian
province have enacted their versions of Bill of Rights laws for law enforcement officers. In
response to union-sponsored versions, some state associations of chiefs of police drafted their
versions of POBR that management could accept. The International Association of Chiefs of
Police (IACP) also formed an Internal Affairs Legislation Subcommittee to draft a management
version of POBR, which the full committee still needs to adopt. The case study highlights the
need for uniformity among state POBR versions. It offers insights into alternative solutions,
including developing a model POBR and encouraging collaboration between law enforcement
agencies and unions. The need for a balanced internal investigative procedure that respects
officers' rights and public interests is emphasized, and collaborative efforts are identified as
crucial in finding appropriate solutions for effective disciplinary processes in law enforcement
agencies.
Police Officers' Bill of Rights 3
History and Development of the Police Officers' Bill of Rights: A Case Study
In the landscape of law enforcement, the concept of the "Police Officers' Bill of Rights"
(POBR) has been a subject of significant interest and debate. This case study delves into the
historical genesis and evolution of the POBR legislation in the United States, shedding light on
its origins, legislative progress, and subsequent implementation at the state level. The genesis of
the federal POBR bill can be traced back to the early 1970s when it was initially sponsored by
the late Congressman Mario Biaggi, a decorated former police officer and advocate for police
officer safety and occupational rights. Despite numerous attempts, the federal version of the
POBR bill did not secure passage in both Houses of Congress. Nonetheless, this study reveals
that many states and one Canadian province have independently enacted their versions of Bill of
Rights laws for law enforcement officers. Furthermore, the case study examines the endeavors of
the International Association of Chiefs of Police (IACP) to draft a management-oriented version
of the POBR aimed at fostering a fair and balanced internal investigative procedure for law
enforcement agencies. Through this comprehensive investigation, the paper seeks to provide
valuable insights into the complexities and diversities surrounding POBR laws, contributing to a
deeper understanding of the challenges and opportunities they present within law enforcement
practices.
Facts
The case study presents a series of essential facts regarding the history and development
of the "Police Officers' Bill of Rights" (POBR). Firstly, the genesis of a uniform internal
investigative procedure law can be traced back to the federal POBR bill, sponsored by
Congressman Mario Biaggi during the 1971-1972 session. Despite multiple reintroductions, the
bill faced obstacles and was not passed until 1991 in the U.S. Senate, ultimately failing to obtain
House approval before the session ended. Nonetheless, numerous states and one Canadian
Police Officers' Bill of Rights 4
province independently enacted their versions of Bill of Rights laws for law enforcement
officers.
“Law enforcement officers confront many difficult decisions that may involve conflicting
notions of right and wrong and what is expected from them. Law enforcement authority can be a
source of many temptations that can strain the limits of personal and professional integrity”
(IACP et al., 2020). Therefore, over the past decade, police unions in at least ten states have
attempted to enact a POBR. However, variations exist among state POBR versions, as some
protect specific law enforcement personnel while excluding others. Moreover, some states'
POBR laws can supersede or be subordinate to collective bargaining agreements. In response to
concerns about union-sponsored versions, two state associations of chiefs of police drafted their
POBR versions aimed at being acceptable to management.
Additionally, the International Association of Chiefs of Police (IACP) formed an Internal
Affairs Legislation Subcommittee to develop a management-oriented POBR; however, the full
committee must adopt the subcommittee's document. This document sought to recognize
employee rights, prohibit certain management practices, and provide a balanced and reasonable
approach to internal affairs investigations. Notably, the subcommittee's document covered both
law enforcement officers' rights and responsibilities and extended its purview to include civilian
personnel involved in law enforcement tasks.
Decision
Throughout the case study, various decisions and lack of decisions surrounding the
"Police Officers' Bill of Rights" (POBR) are highlighted. Firstly, despite multiple attempts, the
federal POBR bill could not secure passage in both Houses of Congress. However, on a state
level, at least 17 states and one Canadian province independently enacted their versions of Bill of
Rights laws tailored for law enforcement officers. The case study indicates that police unions in
Police Officers' Bill of Rights 5
several states attempted to implement a POBR, yet the outcomes of these attempts needed to be
explicitly stated. The International Association of Chiefs of Police (IACP) took proactive
measures by forming an Internal Affairs Legislation Subcommittee to draft a management-
oriented version of the POBR. However, the full committee's decision not to adopt the
subcommittee's document demonstrates a lack of consensus within the law enforcement
community regarding the necessity and content of a POBR. These decisions and lack of
decisions play a crucial role in shaping the landscape of internal affairs investigations and
disciplinary procedures for law enforcement personnel. It is easier to assess the appropriateness
of decisions or best practices by knowing the specific content of the POBR laws enacted in
different states or the attempted versions by police unions. However, the case study highlights no
harmony among state POBR versions, varying coverage, protections, and implementation
methods. This lack of uniformity may create clarity and consistency in the disciplinary process.
Additionally, the rejection of the management version by the IACP full committee suggests a
need for more consensus within the law enforcement community about the need for and content
of a POBR.
Alternative Solution
IACP et al. (2019) said it best in their publication, Law Enforcement Policy Center: Investigation
of Allegations of Employee Misconduct. “Building and maintaining community trust is the
cornerstone of successful policing and law enforcement. The building and
maintenance of trust takes a great deal of continuous effort. Unfortunately, the
ethical work of thousands of local law enforcement officers is easily undone by the
actions of one unethical officer.” In order to address the complex challenges surrounding the
"Police Officers' Bill of Rights" (POBR) legislation, several alternative solutions could be
considered.
Police Officers' Bill of Rights 6
Firstly, the International Association of Chiefs of Police (IACP) could take a proactive
step by developing a Model POBR as a reference document for states and local jurisdictions.
This model would offer a flexible framework, allowing customization to accommodate each
jurisdiction's specific needs and legal nuances while upholding core principles of fairness and
protecting officers' rights. Additionally, fostering collaboration among law enforcement
agencies, police unions, and community representatives could prove instrumental in shaping
comprehensive internal investigative procedures. Such collaboration would enable diverse
stakeholders to contribute their insights and concerns, ensuring a balanced approach that
safeguards both officers' rights and the public's interests.
Furthermore, conducting an in-depth review of successful POBR laws implemented in
various states could be valuable for the IACP. This comprehensive assessment would provide
valuable insights into best practices, effective disciplinary procedures, and areas where
improvements can be made. By exploring these alternative solutions, the IACP can be pivotal in
promoting fair, transparent, and effective internal investigative procedures for law enforcement
agencies nationwide.
Christian Worldview
Within a Christian Worldview, the intricacies and challenges posed by the "Police
Officers' Bill of Rights" (POBR) legislation are perceived as an avenue to uphold fundamental
principles of justice, fairness, and the safeguarding of individual rights within law enforcement
practices. This perspective underscores the inherent value and dignity of every human being,
encompassing both law enforcement officers and civilians, and emphasizes the significance of
acknowledging and respecting their rights. The varied approaches and decisions taken at the state
and national levels underscore the necessity of pursuing harmony and consensus within the law
enforcement community. Just as Christians are called to foster unity and reconciliation among
Police Officers' Bill of Rights 7
fellow believers, law enforcement agencies are similarly called to collaborate effectively. Like in
Psalm 98:9, Christians are often reminded, “for He comes to judge the earth. He will judge the
world with righteousness and the peoples with equity.” Thus, law enforcement organizations
must ensure that internal affairs investigations and disciplinary procedures are characterized by
impartiality, equilibrium, and transparency. In line with a Christian Worldview, pursuing the
common good and community well-being is paramount. Consequently, the challenges
surrounding the "Police Officers' Bill of Rights" demand a thoughtful, compassionate, and
equitable approach that recognizes and honors the rights and dignity of all individuals involved.
Law enforcement practices can more closely align with Christian principles by prioritizing unity,
collaboration, and drawing from successful implementations, contributing to a society that
promotes justice and fairness for all.
In conclusion, the case study provides a comprehensive overview of the diverse and
intricate landscape of "Police Officers' Bill of Rights" (POBR) laws across different states and
jurisdictions. The lack of uniformity and consensus within the law enforcement community
regarding POBR legislation underscores the complexity of addressing this critical issue. Striking
a balance between safeguarding officers' rights and upholding the public's interests in the
disciplinary process remains paramount. Collaborative efforts are essential to achieve this kind
of balance, bringing together law enforcement agencies, police unions, community
representatives, and other stakeholders to develop comprehensive and fair internal investigative
procedures. By fostering open dialogue and embracing varying perspectives, the law
enforcement community can collectively work towards implementing effective and transparent
POBR laws that protect officers' rights while ensuring accountability and trust with the public
they serve. As the landscape evolves, a commitment to seeking appropriate solutions and
Police Officers' Bill of Rights 9
References
Schmidt, W. W. (2005, March). Peace Officers Bill of Rights Guarantees: Responding to Union
Demands with a Management Sanctioned Version. Americans for Effective Law Enforcement.
https://www.aele.org/pobr-iacp.pdf
IACP et al. (2020, June). Law Enforcement Policy Center: Standards of Conduct. International
Association of Chiefs of Police. https://www.theiacp.org/sites/default/files/2020-06/Standards
%20of%20Conduct%20June%202020.pdf
IACP et al. (2019, April). Law Enforcement Policy Center: Investigation of Allegations of
Employee Misconduct. International Association of Chiefs of Police.
https://www.theiacp.org/sites/default/files/2020-08/Investigation%20of%20Allegations%20of
%20Employee%20Misconduct%20-%20FULL.pdf
Holy Bible - English Standard Version (2016). https://www.bible.com/ (Original Work
Published 2001)
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