NCJ Number
129968
Journal
Law and Order Volume: 39 Issue: 5 Dated: (May 1991) Pages: 95-97
Date Published
1991
Length
3 pages
Annotation
The debate continues between public personnel administrators who believe that police managers should be appointed according to political party affiliation and those who believe that candidates should be selected solely on the basis of qualification. Several Supreme Court decisions have held that employment decisions cannot be made on the basis of party affiliation, unless that is an appropriate job requirement, without violating first amendment rights.
Abstract
However, one way in which local governments try to eliminate police managers from opposing political parties is to shift civil liability away from the municipality and onto the manager. In this type of civil suit, the officer and the municipality are often represented by the same attorney, raising questions of conflict of interest. Large judgments against unwanted managers who are sued in their individual capacities and who lack indemnification agreements may force them to resign.