'DE BLASIO, OUR BACKS HAVE TURNED TO YOU' Cold war between NYPD cops, de Blasio takes to skies

[branford]

23. That's not the federal analog at all.

The police are most certainly not equivalent to the armed forces who voluntarily relinquish certain constitutional rights while in active service. This fact has been discussed on numerous threads. Despite the paramilitary nature of policing, the police are still effectively civilians who are no different that any other basic public employee, city, state or federal, with all constitutional, statutory labor, and collective bargaining and contractual protections that such status entails. They also do not answer to Mayor deBlasio. They are employed by the City of New York, and take orders from Police Commissioner Bratton.

More importantly, police officers, individually and collectively, may certainly protest, "disrespect" and politically oppose the mayor, particularly while off-duty, anonymously and on matters concerning their safety, a subject of collective bargaining, just as any other city employee.

It is definitely appropriate to criticize the content of a much of the criticisms of the mayor, but thus far all police and related protests appear to be entirely legal and permissible. Both due to the obvious legal protections, not to mention the political and practical difficulties, no police officer will, can or should face discipline. Any attempt at discipline or retaliation would likely ultimately prove futile, result in civil damages paid by the taxpayers in favor of the police and their unions, make the police even more popular in NYC, and further politically damage the mayor.

I find it most disconcerting that on a liberal forum that strongly favors the rights of unions and public employees, when it comes to the police, many posters appear to be using little more than talking points from Scott Walker or the Heritage Foundation. Simply, if the discipline against these officers that so many seek were come to fruition, it would set a devastating legal and political precedent for all public employees.

In any event, both the mayor and police commissioner understand the legal and political realities, and neither has even hinted or implied that any action will be attempted against the involved officers. Rather, the mayor is earnestly trying to dramatically lower the rhetoric for his benefit and that of the city.

The plane and banner were undoubtedly stupid and highly inflammatory. However, it was not unlawful, insubordinate or the basis for discipline, no less termination.