MESSAGE TO MEMBERS REGARDING IMPD TATTOO POLICY
03/03/15
On Saturday (02/28/2015) the IMPD Chief of Police issued Procedural Notice [PN15-002] to update General Order 3.10 Uniforms and Appearance Requirements and included language requiring “all visible tattoos and brands must be covered to the maximum extent possible” while representing the IMPD whether on-duty or off-duty.
Many members have expressed their concerns related to this policy which have included the legality, purpose and parameters of this change in General Orders and what options are available to the FOP. It should be noted the FOP has had little to no involvement in the drafting of this policy. However, we have taken proactive steps related to the change so that our collective membership has solid information.
The FOP first learned of discussions related to a possible policy amendment approximately two (2) weeks ago during another unrelated meeting. We immediately expressed our concerns related to the timing, need and objectives with such a change and requested to be involved in any discussions if this should move forward. Additionally, the legal team for the FOP was directed to complete research on this topic and provide a legal opinion as to any potential standing if needed in the future.
Subsequently, the FOP was contacted by the Chief’s Office and told the policy was moving forward with an expected release of the policy within days due to the beginning of the optional wear period for uniform shirts beginning 03/01/2015. Again, a request was made for the opportunity for input and the General Orders Committee was asked to review and provide input on the proposal. Additional input and suggestions were provided, but the decision was made by the Chief’s office to move forward as proposed.
As the result of our initial legal review, it does appear the police department is permitted to impose tattoo policies as long as it affects only tattoos displayed in the performance of an officer’s duties. The only exceptions to the various court opinions on this topic relate to those states with collective bargaining for law enforcement officers and where the grooming policy is a mandatory subject of bargaining. In Indiana, police departments maintain the statutory right to establish and revise rules and regulations at their discretion, subject to certain contractual obligations which are not in play within the current labor agreement i.e. this is not a General Order protected by Contract.
This being said, the FOP has requested our attorneys to continue to monitor the implementation of this policy for any potential challenges. Our Labor Management Committee has also placed this issue on their watch list. The FOP Executive Board was also convened on Tuesday 03/03/15 and fully briefed on this matter. Additionally, the Chief’s Office is agreeable to reviewing suggestions and common questions brought forward through a coordinated process by the FOP and the Labor Management process. Again this is a step which is not required, but appreciated in order to promote harmonious labor relations while ensuring the professional standards of the department.
Members are encouraged to bring forth suggestions at the next Regular Business Meeting on Thursday 03/05/2015 or to contact the FOP Lodge Office.
Fraternally,
Rick Snyder, President
|