This is going to be a short entry that I hope to be able to follow up on soon.
2021 Sergeants Promotions
Click here to see the 2021 NOPD Police Sergeant promotion order list as re-ordered by the Promotion Committee’s application of CAO Policy Memo 143(R). This list is clearly a public record and I obtained the list by making a public records request. The list shows the score each individual received on each of four categories. Unfortunately, CAO Policy Memo 143(R) only talks about three categories to be rated. CAO Policy Memo 143(R) does not mention an Interview score. The list also shows each officer’s score given by the Promotion Committee (Overall) and each officer’s final score after application of CAO Policy Memo 143(R). Finally, the list shows the officer’s new rank, how many positions that person moved up or down, and any notes applicable to that individual.
Candidates who position improved have negative numbers in the category “How many places did they move?” Candidates who position decreased have a positive number in that category. The biggest move up the list was 27 positions. The biggest move down the list was 30 positions. Candidates whose position on the list improved moved up 9 spots on average. Candidates whose position on the list moved down did so by 11.6 positions.
The Louisiana Constitution addresses how appointments to classified positions are made. I discussed what the Constitution says here. My opinion is that legal action is a possibility. Mayor Landrieu’s administration declared the Civil Service test “falsely objective,” but the new categories being used to analyze candidates for promotion are more falsely objective than the test could ever be. For example, supervisors who completed performance evaluations for candidates brought their own preconceptions, biases, and personal feelings into the mix. Some candidates only worked for the supervisor that completed the candidate’s performance evaluation for a short period of time. For a candidate’s disciplinary history, if a candidate had 1 or 2 sustained complaints at a level A or B, then that candidate got a “Medium” score. If a candidate had a sustained C violation, then the candidate got a “Low” score. They looked at each officer’s disciplinary history for the 5 years preceding the date of the Promotion Committee’s review. The violation Instructions from an Authoritative Source can be a level A, B, or C violation. The date of the Promotion Committee’s review could also be important. People miss deadlines by a day or two every time there is a deadline to miss. The rubric the Promotion Committee used can be found here.
The Fraternal Order of Police Crescent City Lodge #2 challenged the constitutionality of the Great Place to Work Initiative rules on promotions when they were first adopted. Unfortunately, the court found that the rules were not unconstitutional on their face. In other words, the rules could be applied in a constitutional manner. I am expecting to receive additional information that should shed more light on the issue at hand. In the meantime, I encourage all candidates who did not get the score they thought they should have gotten to ask for the grounds of the score. Go to PIB and request a copy of short forms. Call me and we can discuss options.
While promotions to sergeant loomed, I got more calls about this article where Mayor Cantrell announced that all city employees and contractors had to be vaccinated than anything else on Friday, July 30, 2021. The questions have been one of the following two questions: (1) Can they make me get the vaccination? or (2) Can I get a religious exception?
Can they make me get the vaccination?
Can they hold an employee down and stick a needle in his or her arm? No. Without consent, that would be a battery. The real question is “Can they coerce me into getting vaccination?” The answer? Maybe.
There has been no written policy on mandatory vaccinations promulgated that I am aware of. I imagine there will be a policy forthcoming. It will be imperative to see the policy in order to be able to analyze the requirements. For example, if the policy states that unvaccinated employees will have to wear a mask, engage in social distancing, and get tested for COVID-19 at regular intervals, that would likely be reasonable. If unvaccinated city employees are terminated from permanent, classified positions, that would be much more severe. My guess is that might be too severe. Again, without a policy to examine, it is difficult to analyze.
The courts have allowed mandatory vaccinations in the past. Generally, the analysis will probably be the degree of intrusion versus the legitimate public interest. As of now, the courts in other jurisdictions have been finding in favor of mandatory vaccinations.
The vaccinations are against my religious beliefs. Can they make me get the vaccination?
Again, there is not a whole lot of precedent in this area. However, freedom of religion is one of our country’s most closely held fundamental beliefs. It is first in the Bill of Rights found in the Amendments to the U.S. Constitution. There can be no law restricting the free exercise of religion.
Religious exceptions to vaccination requirements for public employees will almost certainly exist. However, these exceptions will probably be granted conservatively. My guess is that the reason given will have to be reasonable in light of the religion espoused by the employee. I doubt that an employee will be able to start his or her own religion that does not believe in vaccines.
It is really impossible to analyze mandatory vaccinations for public employees in New Orleans right now. Once policies are provided in writing, it will be more possible to provide a useful analysis. Until then, we have limited precedent in other jurisdictions which appear to trend toward allowing mandatory vaccinations.
It is crazy that we are getting news or information from Tik Tok, but “The News Girl on Tik Tok” is right on the mark in the link directly above.