Police hiring, training, and disciplinary requirements in El Paso, Texas
| Police hiring, training, and discipline |
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
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This page provides an overview of policies related to the hiring, training, and discipline of police officers in El Paso, Texas. 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 El Paso handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| 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: Employees can waive their right to an appeal before a hearing examiner and appeal to arbitration; Selection: Both parties alternately strike names from the list provided; Provider: The City Attorney's Office requests a list of seven arbitrators from the American Arbitration Association; Arbitrator authority: The arbitrator's decision is final and bindingAppeals to arbitration can be made for demotions, termination, or suspensions of more than 40 hours. Employees or their representative can elect to have the arbitration hearing remain confidential. | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: City of El Paso, Police Department; Types: Demotion, termination, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, employee may elect to use arbitration instead for certain casesCity has right to discipline employees according to City Charter of 1984 as amended February 7, 2004 and Civil Service Rules in effect upon execution of CBA. During hearing of appeal or arbitration employee has right to union representation. | |
| 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
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Procedure for internal investigation and time frame | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: N/A; Timeline: Must receive notice 48 hours prior to being interviewed for officer-involved shooting, critical incident, and/or custody death; Content: Must include name and rank of officer in charge of investigation, interviewing officer, and anyone else present at the interview. | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: N/A; Timeline to conclude: 180 days for disciplinary action | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
Arbitrators have the authority to award full or partial backpay following an appeal of disciplinary action. | |
Evidence and records
| Evidence and records | Results |
|---|---|
| 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? | NO |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | YES |
Referenced in terms of outside employment approvals | |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| 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 has exclusive right to hire, promote, transfer, assign | |
See also
Footnotes
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