Cops and cops’ unions endanger the rest of us with their “code of silence.” In a case that is likely not unique, a man dies unnecessarily.
The Code of Silence, Enabling by Unions and Alcoholism: Kelly Thomas, RIP
I first got a hint of the negative consequences of compulsory unionism* when I worked as a box boy for the old Hughes Supermarket in Van Nuys, California in my teens. I worked my tail off for $2.12 an hour, a wage also paid to those who goofed off. The checkers made nearly four times that amount, some of whom likely earned their wage (including one who may have been the planet’s fastest checker—remember, those were the ancient days when checkers punched in numbers) and those who didn’t, who were slow and rude to customers. Discovering that union bosses protected bad employees, I figured out unions were great for incompetents and those who didn’t give a damn and unnecessary for those of us who were competent and caring. They allowed bad employees to make as much as those who earned their wages and helped the undeserving keep their jobs, thereby rewarding bad behavior. **
The most costly and harmful unions may be those protecting teachers and law enforcers (including police, sheriffs, prison guards and the like). They’re costly because, gradually, compensation including benefits has grown at a much faster rate than wages in the private sector, breaking the backs of taxpayers in many municipalities and states. They’re dangerous because the unions protect incompetent—and even malicious—employees.
Although I didn’t know then but know now, the most menacing of such employees are alcohol and other-drug addicts. Such addicts know how to hide their use and, at the same time, intimidate others to get their way. Their main goal is, as with early-stage addicts in all aspects of their lives, to inflate their egos, often by wielding power capriciously in the workplace. They pack a punch way out of proportion to their numbers, since they consist of only 10% of the overall population and yet are responsible for an estimated 80% of society’s unethical and criminal behaviors. When the 10% comprises unionized public school teachers who, short of committing rape, can rarely be fired, we’ve got a huge problem. Recalling my K-12 school years, a number of teachers were likely addicts, at least one of whom was no doubt drunk every day. He, like his fellow alcoholic brethren, was not a good educator.
The most dangerous of these protected incompetents and would-be criminals consist of alcoholic law enforcers. Drug Recognition Experts whom I interviewed in researching my books estimated that 20-50% of active duty cops were practicing alcoholics, depending on the police force—the smaller the force, the higher the likely rate of alcoholism. With more effective employee assistance programs, according to my Drug Recognition Expert friend Thomas Page the rate may have dropped to 15% among the larger forces, but that’s still high when we consider their power and who is responsible for most problems. (Worse: the most common estimate of alcoholic prison guards among those who have some insight into the subject is 50-70%). The more powerful the union the more likely bad cops—almost always alcoholics—are able to remain on the force.
One of the many problems with alcoholics is they are great at hiding consumption and going without when they need to (for example, during work hours). The behaviors, which often slosh over to periods between drinking episodes, give away the secret, but only to those few who know the signs of an inflated ego and that such egomania is the key indicator of early-stage alcoholism. The civil service system, which goes far in protecting incompetents, is made immeasurably worse by public service unions. When unionized teachers act badly they get to keep their jobs or are “reassigned” to another school. When cops act badly they get to keep their jobs because it’s so darned difficult to fire government employees, especially those in unions. *** Private employers fire at least three times as many employees as do government ones, even if they rarely see any drinking. Unfortunately, unimpeded alcoholism only gets worse, with corresponding behaviors usually becoming increasingly despicable over time (until after decades of use, the late-stage alcoholic becomes more concerned with getting his drug than with capriciously wielding power over others). Sooner or later, tragedy occurs, but only after dozens if not hundreds of incidents for which close people—family, friends, co-workers and employers—could have intervened but didn’t. Tragedy would happen much less frequently with earlier intervention, including firing or forcing such employees into rehab, which is often impeded by union representatives.
Such enabling probably occurred in the case of at least some of the six Fullerton police officers who killed a homeless schizophrenic. Following a report of a burglar breaking into cars, officers approached the alleged perpetrator, Kelly Thomas, 37, who initially resisted arrest. While onlookers’ reports diverge at this point, a video **** taken by one strongly suggests the officers, with a combined weight of some 1,500 pounds, beat and tasered the 135-pound man beyond recognition long after he stopped resisting. Thomas’ father, retired sheriff’s deputy Ron Thomas, who taught other officers proper arresting and subduing techniques pointed out the injuries sustained by his son could not have occurred had proper techniques been used. More probably, alcoholic rage took hold of at least one of the officers and, because of a code of silence that is as prevalent among cops as the perpetrators whom they arrest, other officers went along with the beating and have since protected their coworkers with their silence.
Police officers’ unions may be the most powerful force in protecting these bad cops, almost all of whom are alcoholics. The Fullerton Police Officers’ Association (cops unions are often called “associations”) hired their attorneys to write a formal demand that blogger Tony Bushala, founder and site administrator of Friends for Fullerton’s Future “cease and desist from making false allegations against any member of the Fullerton Police Department.” They objected in particular to a comment on Bushala’s blog that said in part, “An eye witness of Kelly Thomas’ brutal deadly beating told me that the Terminator (Kenton Hampton) was the same cop that smashed poor Kelly’s head into pieces after he had been taser [sic] several times.” The attorneys wrote, “The insults that you have posted about Officer Hampton and other Fullerton Police Department officers are malicious and false.” It turns out the main bully was probably another officer (reportedly Jay Cicinelli), but who wants to bet the police union hasn’t come to the defense of some if not all of these six cops on previous occasions involving misbehaviors? And who wants to bet that at least several of the officers haven’t previously exhibited behavioral indications of alcoholism, including rage?
In researching this piece I stumbled onto a ratings system for officers, “rate my cop,” and found good reports for many Fullerton Police Department officers but very poor ratings for Hampton and a few others. I don’t know that Hampton already had only negative remarks before this episode, but it wouldn’t be surprising. There are no reports on Jay Cicinelli.
Most cops are honest, ethical, sober and honorable. Even alcoholic ones are often good much of the time, but as elsewhere in society if there’s a horrific event there’s usually an addict behind it. Yes, Kelly Thomas probably made a bad mistake in initially resisting arrest. He may even have been under the influence. However, while there appears to be no excuse for subsequent events, the explanation is probably undiagnosed and unimpeded alcoholism in at least one of the officers along with a code of silence among both cops and their union, which harms perpetrators and victims alike.
By the way, John and Ken (John Kobylt and Ken Chiampou), in their roll as what I view as America’s greatest living journalists, broke the story on the Kelly Thomas beating on their 3pm-7pm KFI talk radio show in Los Angeles (640am on the dial). If you live anywhere in Southern California their show is well worth tuning in. Regardless of where you live, their blog-history of the Kelly Thomas case is worth reading.
* Compulsory unionism forbids you from contracting with an employer without permission granted by a majority of workers, something I view as a violation of the freedom of association that I recall being mentioned somewhere in the first Amendment to the U.S. Constitution.
** With more open and competitive markets in the private sector, most private employee unions have thankfully disappeared over the decades. However, participation in government employee unions has gone in the opposite direction. (Overall union membership was 20% in 1983 and stands at 12% today. Unionized employees comprised 10% of the government workforce at the apex of union power in the 1940s, nearly 25% by 1975 and roughly 37% today (and only 60% are eligible to be unionized); unionized employees comprised 34% of private sector employees in the 1940s, less than 22% by 1975 and a relatively miniscule 7% today.) It makes sense when we contrast private competition and public monopoly: market forces act to constrain union wages and benefits which, in fact, when otherwise unrestrained have contributed to the decimation of entire industries in the United States, while market forces by definition cannot constrain excessive compensation and poor work ethics among government employees.
*** An IRS manager once rhetorically asked me, “Do you know how difficult it is to fire someone around here?” after I complained about one of her auditors. Thankfully, the percentage of alcoholic IRS agents is probably among the lowest of all law enforcers because budding young alcoholics don’t grow up thinking, “If I go into a bar and tell a hot babe I’m an IRS agent I’m going to get laid.” Instead, they know that if they go into a bar in a cop uniform they likely will.
**** One can only imagine the sort of grotesque violations of private citizens’ rights that likely occurred with far greater frequency before the days of videos.
Tim, Placentia, CA. said,
September 9, 2011 @ 7:24 pm
I am a sober person of 11 years living in Placentia, Ca., next door to Fullerton, Ca. I attend sobriety meetings in downtown Fullerton on a regular basis. I encountered Kelly Thomas in Fullerton and Placentia for a few years, sometimes digging in the trash at my local supermarket and elsewhere. He was a very docile and calm person. I offered him money but he never seemed to respond to me. He was very gaunt and thin. Downtown fullerton has undergone a huge transformation of adding bars and eateries in the last few years. It is a drinking destination for young people on weekends. Naturally, this shift to a quiet town caused many locals to become upset. Across the street from where I attend recovery meetings is a three story parking garage. Police patrol is and often hassle people coming or going. I have been sharply questioned by the cops in a rousting manner. When I tell them I’m coming or going from an AA meeting they cool off. I told a friend (before the Thomas incident) that this new approach “would not end well.” Another person told me he felt one of the cops was exhibiting roid rage. Anyway, Kelly was not strong eneough to fight anyone. I think the cops knew exactly who he was — harmless. My suspicion is he resisted because they may have strongarmed him before and didn’t want another beating. I agree with Doug that if you peel back the layers you will find some kind of problem with these officers. Another Fullerton cop was recently fired for being an addict. Kelly was killed by the train station. They drug test the people who drive trains. We should test all public officials (especially congress). It would be cheaper in the long-run. I will remember Kelly’s gentleness, which is what everyone noticed about him. He was a help to me without knowing it. Tim