Police hiring, training, and disciplinary requirements in Omaha, Nebraska
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Police hiring, training, and discipline |
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This page provides an overview of policies related to the hiring, training, and discipline of police officers in Omaha, Neb. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Omaha handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
CBA basics | Results |
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Is there a CBA with the police union? | YES |
Is the current CBA publicly available online? | YES |
Discipline and accountability
Discipline and accountability | Results |
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Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Certain disciplinary action can be appealed to arbitration; Selection: Both parties agree on an arbitrator or alternately strike names from a provided list; Provider: The Federal Mediation and Conciliation Service may provide a list of five arbitrators; Arbitrator authority: The arbitrator's decision is final and bindingSuspension, termination, demotion, or reduction in pay may be appealed to arbitration or the Personnel Board within 10 days of receiving notice of the discipline. The arbitrator cannot terminate an employee on an appeal for a suspension. | |
Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: City of Omaha, Police Department; Types: Reprimand, suspension, demotion, discharge; Restricted aspects: No employee may be disciplined based solely on information from GPS. This does not apply for criminal investigations; Challenge/appeal process: Appeal procedure to either Personnel Board or Arbitration.If employee elects for arbitration, they shall use procedure laid out in Article 8 Step 3. Employee suspension without pay may not exceed 20 working days, 40 days in any 12 month period. Employee may substitute annual leave or compensatory time for suspensions of 5 days or less, or unappealed suspensions greater than 5 days. Prior to discharge, employee has right to present his part of the facts to an impartial city decision maker. Except for criminal investigations, employees shall be disciplined within 100 days of violation occurring. Employee shall be informed 24 hours prior to formal interview. Disciplinary action is not subject to the union grievance procedure. | |
Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
Training and counseling
Community relations and oversight
Community relations and oversight | Results |
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Does the CBA reference citizen review boards? | YES |
Board name: Citizen Complaint Review Board Board has seven members; one representing each police precinct, one at-large member and an alternate | |
Does the CBA have provisions related to community policing? | NO |
Investigations
Investigations | Results |
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Does the CBA contain provisions related to misconduct investigations? | YES |
Disciplinary procedure and reasons for discipline; Handling of citizen complaints | |
Does the CBA require notice to officers of investigations? | YES |
Conditions: Written notice Timeline: 24 hours before formal interview; Content: Must include the nature of the investigation, allegations, time, date, location, and all written complaints. | |
Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: N/A; Timeline to conclude: 100 days | |
Does the CBA contain provisions related to compensation during misconduct investigations? | NO |
Evidence and records
Evidence and records | Results |
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Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
Does the CBA regulate processes for retaining officer disciplinary records? | YES |
Record storage: City-specific database; Storage authority: Human Resources Department; Types of records: Suspensions; Timeline: Employees can request that suspension is removed from personnel file after 5 years; Access and use: N/A; Use in decisions: N/A |
Qualifications and evaluation
Qualifications and evaluation | Results |
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Does the CBA require performance evaluations? | YES |
Job performance interviews are conducted on an as-needed basis | |
Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
Union authority | Results |
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Does the CBA limit union authority to pay and benefits issues? | NO |
Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | NO |
City retains right to hire, promote, assign, transfer |
See also
Footnotes
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