Employment Status of Probationary Police Trainees

On February 25, 2014, the Oklahoma Supreme Court settled the issue of whether a probationary police trainee who is a member of the Oklahoma Police Pension and Retirement System (OPPRS) is (1) an at-will employee, and (2) entitled to a post-termination hearing. City of Jenks v. Timothy Stone, 2014 OK 11.

The case involved the termination of a probationary police trainee employed by the City of Jenks. The City of Jenks and the Fraternal Order of Police, Lodge 146 had an agreement outlining the grievance and arbitration rights of full-time, permanent police officers. Stone requested a review board hearing under 11 O.S. § 50-123 of the OPPRS and the City denied that request claiming Stone was an at-will employee and not entitled to a review board hearing. Title 11 O.S. § 50-123 provides, in part:

This bulletin is intended to make police officers and municipalities aware of the potential civil liability associated with arresting individuals for obstruction of a public official when performing their police duties.

Introduction

Officers routinely encounter individuals who are disrespectful, challenge their authority and criticize their actions. General criticism of the police, even if expressed in abusive or disrespectful terms, is not obstruction and is generally protected free speech. The Supreme Court requires substantial justification before police can interfere with the right to free speech or make an unlawful arrest. Making inappropriate arrests of individuals for obstructing a police officer in circumstances where courts will find their actions to be merely an exercise of their First Amendment right to free speech can be counter-productive, both in terms of community relations and potential civil liability.