The Inevitable Is on the Horizon

It has been five months since PPOA was forced to file an unfair labor practice charge against the Department with the Employee Relations Commission (ERCOM), for the failure to complete meet-and-confer with PPOA prior to the rollout of the BWC policy. That charge brought the rollout of body-worn cameras (BWCs) in custody to a complete halt. As a result of that charge, mediation was determined to be an acceptable next step between Sheriff’s Department leadership and PPOA’s legal counsel. The purpose of this mediation was to continue negotiations of the BWC policy to ensure a fair and acceptable policy for all custody personnel, including Custody Assistants (C/As), who will be introduced to the BWC for the first time.

After multiple sessions of mediation, on September 4, Department leadership reached out to PPOA legal counsel to further discuss pending points of agreement. With the help of the mediator, both parties found common ground that ensures an acceptable level of expectation, and specific protections were put in place for C/As to have access to adequate training and a transition period to familiarize themselves with the new equipment.

With the newly agreed-upon policy comes new language that was not included in the published policy from April of this year. One takeaway is that all personnel who were sent to the BWC training this year will repeat said training, due to the discrepancies between what was taught in the prior training and what applies now. In addition, there will be a 120-day transition period that will begin the first day of utilization, to allow time for practical application of the new equipment and to familiarize ourselves with its functions and operations, all while not having to worry about getting in trouble for any potential errors along the way. If you are off duty on an approved leave during the 120-day transition period — i.e., FMLA, IOD, sick, vacation, etc. — your transition time will pause until you return to work to resume BWC utilization. C/As will not partake in any BWC training or utilization until 30 days after the new policy is published. PPOA also reserved the right to a six-month post-rollout status update. At this point, PPOA will be able to bring any issues surrounding the BWCs to the attention of the Department for them to address.

Although C/As have met the news of the BWC implementation with much reluctance, PPOA’s position was to ensure C/As’ specific issues were fully addressed separately and apart from sworn personnel. As a classification, C/As frankly do not understand why they are being forced to wear BWCs, being held to the same standard and expectation as sworn personnel. It has become common practice for C/As to be reminded they are civilian staff when it comes to any talk of pay disparities or entitlements, such as presumptive care and PORF, that apply specifically to sworn personnel only. But in the instance of the BWC, C/As are being utilized and treated the same as our sworn counterparts. Bottom line: The level of liability and responsibility exceeds the current compensation for Custody Assistants. Under managerial rights, the Department decided C/As were to wear these cameras. PPOA could not prevent this from happening. However, we were able to maintain a presence to ensure the terms of the BWC policy were negotiated fairly and equitably for our members. Although the introduction of additional equipment and responsibilities does not come with dollar signs attached, this new addition will not be overlooked when Bargaining Unit 621 eventually begins negotiating our next contract.

Once again, PPOA presented a strong, unwavering front to fight for the best interest of our members. We couldn’t prevent the inevitable, but at least it’s happening on fair terms.