Fraternal Order of Police Lodge 5 filed a lawsuit last week in response to a recently passed ordinance that requires the city to hold a public hearing on the police department’s contract proposal and collective bargaining process.
The lawsuit seeks a full review of a police reform measure passed by City Council in September and signed by Mayor Jim Kenney. The FOP alleges the ordinance is “invalid” and “adversely affects their collective bargaining rights.”
They also assert the resolution is not needed because state law already governs disciplinary and arbitration procedures for police officers across the state.
“We have to do something in order to put an end to what they’re doing, demonizing police officers in the city of Philadelphia,” FOP president John McNesby said at a news conference at the FOP headquarters at 11630 Caroline Road last week.
The lawsuit states that the ordinance is preempted by Act 111 passed in 1968, which establishes the timeline for collective bargaining between police labor organizations and their public employers. The lawsuit also says the ordinance violates the First-Class City Home Rule Act, which prohibits the city from adopting a law that is contrary to any act (in this case, Act 111) that is applicable to all parts of the commonwealth.
The lawsuit also says the ordinance targets only the FOP and not any other labor organization, which violates Article 3 of the Pennsylvania Constitution.
“If you’re going to do it for one, do it for everybody,” McNesby said, saying there were other unions in the area that were not mentioned in the ordinance.
McNesby said the police department has a hard time as is, citing the high rate of homicides in the city.
“Once again they’re reaching into our pockets. Let us do our jobs,” he said.
The ordinance was introduced in June alongside another measure that would prohibit the use of choke holds or kneeling on a person’s neck. The measures came in the midst of the protests against police brutality after George Floyd was killed by police in Minneapolis.
Councilwoman Katherine Gilmore Richardson introduced the legislation, which passed 15-2. Councilmen Brian O’Neill and Bobby Henon supplied the no votes.
“This bill creates transparency and accountability for the people of Philadelphia. It is a shame the FOP wants to block a process that will help build trust and confidence, and therefore, improve police/community relations in the City of Philadelphia,” Richardson said in a statement.••
