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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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Some of you might be aware that my dog Lucy died o Some of you might be aware that my dog Lucy died of cancer last weekend. As I’ve been grieving the loss of this beautiful and loving girl, I put together a one-minute compilation of short videos of Lucy from her first two or three weeks with me in early 2016. She was several years old at the time, but living with me provided her first stable home. She was unsure of herself at first, but she quickly developed confidence as she discovered how much she was loved. #dog #dogs #dogstagram #dogsofinstagram #cute #cutedog #pets #petstagram #petsofinstagram #instadog #ilovedogs #birmingham #alabama
Tonight’s moon is apparently something called a be Tonight’s moon is apparently something called a beaver supermoon. I noticed as I was getting home from work that it was a bright yellowish-orange, so I snapped this a couple of miles from home. It’s not a great photo, but I was pretty happy with it for an iPhone shot on the side of the road. #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama #iphone17pro
I’m heartbroken to tell you that I lost Lucy early I’m heartbroken to tell you that I lost Lucy early Sunday morning. The World’s Happiest Dog lived with me for 10 years, but I can’t say for sure how old she was when she came to live with me. I’ve written a brief article on my website about Lucy and what she meant to me, which you’ll find as the most recent article at davidmcelroy.org if you would be interested. (There’s a clickable link on my profile.) Like every good dog, she was “the goodest dog.” I love her dearly and I’m going to miss her fiercely. #dog #dogs #dogstagram #dogsofinstagram #cute #cutedog #pets #petstagram #petsofinstagram #instadog #ilovedogs #birmingham #alabama
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This was the view on my left this evening as I dro This was the view on my left this evening as I drove home from work. This was on I-459 near the Cahaba River bridge. (I didn’t have my “real” camera in the car, so this is an iPhone photo.) #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama
I have always accepted as obvious the fact that yo I have always accepted as obvious the fact that you couldn’t take a halfway decent photo of the moon with a smartphone. (I don’t count the cheat that Samsung uses in some models to artificially create bits that don’t exist in the optical image.) But a friend shot a picture of the moon with her new iPhone 17 night or two ago, I so snapped one frame as I got out of the car just now. The resolution and detail aren’t great, but this is better than I expected. #nature #naturephotography #sky #moon #birmingham #alabama #iphone17pro
I hope this rainbow over I-459 on my way home is a I hope this rainbow over I-459 on my way home is a good omen for the weekend. 😃
I’m very happy to report that my promotion to star I’m very happy to report that my promotion to starship captain has finally come through, so I’ll be leaving Earth and heading to the stars very soon — just as soon as Starfleet has some uniforms in stock that fit chubby guys like me. Anybody else want to sign up and leave the planet with me. 🖖🏻#startrek
Here’s the sunset that caught my attention on my d Here’s the sunset that caught my attention on my drive home just a few minutes ago. #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama
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Alex is slowly going to sleep just before midnight Alex is slowly going to sleep just before midnight as he lies on his back — with his paws up in the air — as he relaxes on my arm. He’s been purring the whole time. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
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As soon as I got back home just now and sat down, As soon as I got back home just now and sat down, Oliver jumped up into my lap to demand attention. It’s a good thing I’m not delusional enough to believe I’m in charge around here. 😺 #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #instacat #ilovecats #birmingham #alabama
Alex caught and killed a mouse tonight, which mean Alex caught and killed a mouse tonight, which means he’s acting like a king who’s defended his kingdom now. We’ve never had a mouse problem in this house, but this is about the third this year. I just bought a trap that I need to put out. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
As I left the house for the afternoon, Oliver was As I left the house for the afternoon, Oliver was busy in an office window keeping track of something in the air outside the house. Of course, if there’s any real danger, they’ll all just hide. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #instacat #ilovecats #birmingham #alabama
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From the CritterCam: All three cats went to the of From the CritterCam: All three cats went to the office for the night about 10 minutes ago. I’m convinced that Alex knows I’m watching him. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
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