Turney case shows system must be fixed
Michael T. Mosco
27 April 2007
Rocky Mountain News
FINAL
53
Well, here we go again with another in a long line of editorials impugning Denver police Technician James Turney. "LaCabe's vindication" (Rocky Mountain News, April 12) again scrutinizes the action of Turney in the July 2003 case involving the tragic shooting of Paul Childs. This time, however, the scrutiny should begin with the discipline process established in city charter, and furthered by police and city administrators.
Let's look at some of the issues put forth in the editorial. First, Turney did, in fact, serve a 10-month suspension in 2004- '05. He received no pay or benefits during that time. Second, he also received a medal of valor from the Denver Police Department and the city for his actions in a 2002 shooting also mentioned in the editorial.
The Denver Police Protective Association does agree with the Rocky on one issue: the disciplinary process dragging on to absurd lengths. Turney is exercising his legal options even after a retired Appeals Court judge applied two weeks of testimony in determining that Turney exercised justifiable use of force according to all state, federal, constitutional and U.S. Supreme Court decisions, not to mention all Denver Police Department policies. Thereafter, it was the city that decided to appeal the decision.
Even the full Denver Civil Service Commission in its recent decision said that the use of force in this case was "necessary" . . . but went on to wish Turney had done something different anyway. The Denver Police Protective Association would expect Turney to appeal the recent decision of the commission reversing the hearing officer's decision, and the association wholeheartedly supports him.
The commission reduced a 50-page decision to three pages in overturning the hearing officer, exhibiting a decided lack of concern - in the 18 months they have had to consider the case - for the detailed factual and legal issues presented.
The Denver Police Protective Association and its 1,400-member officers support Turney in his appeal but would also like to issue a challenge to Safety Manager Al LaCabe, Police Chief Gerry Whitman, Mayor John Hickenlooper and City Council. We would like to bring together all of the stakeholders and initiate a dialogue with the goal of streamlining the Civil Service system while maintaining the rights and interests of all involved.
We propose this dialogue with the goal of making the system more efficient so that officers do not have to suffer the constant public, political and media scrutiny for the four to five years it currently takes for controversial cases to be decided. We envision a disciplinary system based on fairness, rather than one based entirely on politics.
Michael T. Mosco is the president of the Denver Police Protective Association. He writes on behalf of the organization's executive board.