Union rules protect pepper-spraying cop from the firing he deserves

By David McElroy · April 20, 2012

After UC-Davis Police Lt. John Pike was shown pepper-spraying peaceful students five months ago, the biggest question on the minds of some people was how quickly the guy would be fired. Due to union rules, though, Pike is still on the job and it’s unlikely he’ll ever be fired.

It was pretty clear to anybody who watched the initial video that Pike was way out of line, but it’s become clear since then that he and the school were even more in the wrong than we realized at the time. In fact, the official investigation into the incident shows that there wasn’t even any legal basis for police or college officials to demand the students leave the school’s quad.

At the time, we all thought the students were engaging in civil disobedience. The actions of Pike and other police that day were clearly excessive, but we assumed that the order to disperse was legal. It turns out that it wasn’t even a legal order. So there wasn’t a legal basis for asking the students to leave and the official report faults Pike with bad judgement and unprofessionalism for the pepper-spraying and other things that day. So why is he still employed?

In California, police unions have negotiated due process rights that ordinary citizens would never be allowed. First, the official report of the incident by the university can’t be used against Pike. The only thing that can be taken into account is an internal affairs investigation done by two former police officers and an attorney. Pike refused to cooperate and his superior likewise refused to be interviewed by the investigators. And the panel isn’t allowed to use any information that it didn’t gather itself.

Their methods are secret. After the report is prepared, it won’t be made public. It will be submitted to a committee to certify that it was conducted properly. Even then, there’s no guarantee that any action will be taken based on what they might find. The public will never have any idea what happens. The only thing we know is that Pike is still employed. It seems unlikely that will change.

It’s ironic that Pike is going to be protected by his union-negotiated rules. Unions are pretty tightly allied with the progressive left agenda of the Occupy movement. Those who advocate for unions don’t seem to understand what they really stand for and how much power they really have, especially among government workers.

It’s theoretically possible that Pike will be disciplined, I suppose, but the rules are set up to protect him and I see no reason to believe he won’t get away with it. The interests of the union is keeping jobs for its members at all costs. Justice and public safety are completely irrelevant — and that’s why this law should be changed and why naive people need to realize that unions aren’t the saintly organizations they believe.

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Lucy just made possible friends with two little girls, but the girls are more enthusiastic so far than she is. Joy, 5, and Hope, 6, just moved in with their grandmother on my street. I didn’t know this, but while Lucy and I were walking, I heard a tiny voice from the darkness cry out, “Hi, doggie!” It took me a minute to figure out where the voice was coming from, but once I did, their grandmother, Rose, came out onto the porch and gave the girls permission to pet Lucy, which delighted the girls. Joy said she wasn’t allowed off her porch since she had socks and no shoes. Lucy was shy, but allowed them to pet her a bit, while the girls marveled about how soft she is. I hope Lucy will let them be her friends. It’s a joy to see how far Lucy has come since she came to live with me. She’s nothing like the “special needs dog” who I was told would never get close to anybody.

I’ve never taken YouTube very seriously as a publishing platform — not enough to do anything more than post the occasional random video — but I’ve started laying a foundation for doing more with it in the future. I created and uploaded some simple branding to my longstanding YouTube channel this weekend and I’ll be doing more in the future. The channel has only about 300 subscribers, so if you feel so inclined, I would appreciate it if you’d subscribe. As with all things on social media, subscriber counts and views help me to get future content seen more easily by others. Click here to visit the channel.

Don‘t appeal to any piece of paper or any tradition as the source of your freedom. You don’t have “constitutional rights.” You have natural human rights. If you appeal to a document as the source of your rights, you are admitting that politicians can come along and amend your rights at any time. A right is yours because you are a human being, but it means nothing if you don’t have the means and the willingness to defend it. The sad truth today is that almost all of us are at the mercy of politicians who ignore our natural rights — and they get away with it only because they have educated our fellow humans to believe we have no legitimate choice other than obedience. Rebellion without the ability to win is insane — so don’t make this argument to police, politicians or judges — but it costs you nothing to come to a clear-eyed understanding today of what your rights really mean and where they come from.

Spring always reminds me how glorious blue skies and green leaves can be. When I was in the second grade, Mrs. Arnold chastised me for using those colors together. She said they didn’t match. Mrs. Arnold had very specific rules about which colors could be used together. We couldn’t deviate from her rules. When I used green and blue together in one of my class drawings, she forced me to do it over, since she said those colors shouldn’t be used together. I was a polite and obedient child, but I asked her why they didn’t match — since God used them together in nature. She was exasperated and told me to follow her rules. So when I see glorious beauty which mixes green and blue — such as this photo I took just outside my office Friday afternoon — it always reminds me of Mrs. Arnold. It reminds me that she was wrong. And it’s a good reminder for us all. There are established rules about a lot of things. Many of those are good rules. But if an expert tells you something and you know he’s wrong, you might need to take a chance. He might be just as mistaken as Mrs. Arnold was.

In the coming months and years, we’re going to need inventive and productive people pursuing things that matter. We’re going to need smart and self-directed men and women who will find ideas and create enterprises that will help bypass the political class and build a new and better society. But everything I see in media right now seems geared toward telling people how to entertain and amuse themselves. The stories are full of advice about what to binge on Netflix and what games you should be playing while you’re stuck at home. We desperately need to ignore this advice and be looking toward building new futures instead. Being passive consumers got us where we are today. It’s time that we reclaim our former role — the one that made this country wealthy — as productive and free people who build far more than we consume. This could be a great opportunity for those who will take it. Turn off Netflix. Put down the video game controller. We need new ideas, new achievements, new goals — not more coach potatoes. This is the time to be thinking and creating and planning for the future that you and I both want.

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