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http://www.ketv.com/news/9737294/detail.html
Long story shortened - State trooper was fired for posting on a KKK website while off-duty. Judge reinstated him based on First Amendment rights. What do you think? Are cops held to a higher standard?
I'm okay with this decision.
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OMAHA, Neb. -- Nebraska Attorney General Jon Bruning said he filed an appeal on Friday related to a Nebraska State Patrol trooper who has admitted affiliations with the Ku Klux Klan, after an arbitrator ruled that the Patrol failed to show why the trooper was a threat.
Bruning said Trooper Robert Henderson, 50, of Omaha admitted in February that he had some communication with a white supremacist group called the White Knights. He was terminated in March.
Henderson, an 18-year veteran of the patrol, appealed the termination, and an arbitrator decided last week that he should be reinstated. The arbitrator said Henderson's First Amendment rights allow him to be a member of any group he chooses, Bruning said.
The arbitrator's ruling said that the Nebraska State Patrol failed to demonstrate why Henderson posed a threat to the public or the patrol. Paul Caffera's 48-page report is highly critical of how the State Patrol has handled this disciplinary case. Caffera said he shares "the disgust" the patrol has in Henderson's decision to align himself with the Ku Klux Klan, but Caffera said his ruling is based only on law, and in this case the Patrol did not prove Henderson's firing was justified under terms of the collective bargaining agreement.
Caffera noted that public employees have broad protection of their political beliefs. Since the patrol provided no evidence that Henderson did anything wrong on the job, the arbitrator said, Henderson's firing violates his right to free speech.
"It's very likely that ... the state patrol could have successfully defended the constitutionality of its decision to terminate (Henderson) by either showing some actual harm to its ability to maintain discipline and good order within the ranks, or by showing some actual diminution in the state patrol's ability to perform its police function," the ruling stated.
In his ruling, the arbitrator said the patrol failed to meet deadlines set in its investigation of Henderson, and that suggested to him that the patrol did not think the trooper posed a serious threat on the job.
"The snail's pace at which the investigation of (Henderson's) association with the Knight's Party Web site provides a clear and unambiguous signal that the agency did not seriously consider (Henderson's) activities to be a hindrance to his performance," the ruling stated.
Bruning Files Appeal
Bruning has filed a motion to vacate the arbitrator's decicision.
"Maybe a New York lawyer doesn't have a grasp on integrity, but (State Patrol) Col. (Brian) Tuma does, and I do and the governor does," and we don 't want this person on the staff, Bruning said. "We don't want the agency destroyed by a racist like Bob Henderson."
Bruning said Nebraska has a right to defend and protect its integrity. The decision came through binding arbitration and is generally tough to fight, Bruning said, but the attorney general said he believes it was just a wrong decision.
Tuma said Henderson was never cited on the job for racial profiling or other racist actions.
Tuma said his office's appeal is based on conduct unbecoming an officer. Both Tuma and Bruning said that Henderson isn't a welcome member of the state patrol.
"This is not Birmingham. This is not 1960. We have no interest in having racists in our ranks ... The First Amendment allows you to join disgusting groups ... but it does not allow him to be employed by the state of Nebraska as a state trooper. So he has a right to these thoughts, but we don't have to employ him," Bruning said.
Bruning said he has contacted state Sen. Ernie Chambers to file paperwork to revoke Henderson's status as an officer so he can't work in another state.
The Kansas Bureau of Investigation initially found out about Henderson's alleged activities in October 2005. Those officers tipped off the Nebraska State Patrol, reporting that someone identifying themselves on a white supremacist chat board as a Nebraska law enforcement officer posted that he was interested in talking with other white supremacists, particularly others in law enforcement. The tip led to the investigation.
Tuma said the KKK's history of violence make a trooper's involvement with the organization suspect. He and Bruning said that the White Knights is known to be a non-violent group that was retooled in the 1990s after David Duke headed the organization.
"Being affiliated with a white supremist organization is not consistent with the practices and policies of our agency," Tuma said.
Tuma has 60 days under the order to reinstate Henderson.
Lawyer: Henderson Has Quit Racist Group
Henderson's union attorney, Vincent Valentino of York, said his client has quit the group and is sorry he ever joined. Valentino said Henderson's membership and activities have been blown out of proportion.
Henderson wasn't "running around in a sheet and hood," Valentino said. "He was on his own time, on his own private computer. And he never brought any of the activity to the work force."
Valentino said that whatever Henderson may have done, state employees have a right to think what they want in private.
According to the arbitrator's ruling, the case had its origins in 2003, when Henderson's wife left him for a Hispanic man. Henderson is white.
Authorities said that when confronted, Henderson admitted to being a member of the Knights Party since June 2004.
According to an arbitrator's report, Henderson wrote on the Web site about how his fiance was being harassed by a black coworker and nothing was being done. He later wrote that "whites are losing their rights slowly. It's sad. I pray about it. I hope my prayers get answered."
He signed the entry "White Knight NE."
Sarpy County Chief Deputy Mike Jones said that when Henderson worked for him in Troop A for 10 years, he was an average trooper. Jones called Henderson an "impulsive individual" but not someone who ever showed signs of being a racist.
Jones said Henderson had several disciplinary problems stemming from decision-making and judgment issues.
Jones said he doesn't feel that Henderson could function as a law enforcement officer for any agency.
Henderson has not been available for comment.
Web Site Identifies Itself As 'Love Site'
The official Web site of the Knights Party, which is based in Harrison, Ark., clearly identifies itself as affiliated with the KKK. In the section that answers frequently asked questions, the site proclaims the United States was founded as a white, Christian nation and that membership in the Knights is reserved for white Christians.
The site says members do not endorse hatred, and that the Knights is a love group -- not a hate group.
Henderson posted on the members-only site, and it takes six months to a year before an applicant becomes a full member of the Knights.
The application fee for membership is $35.
A call was placed by KETV NewsWatch 7 to the national office of the Knights Party. No one returned the call.
Long story shortened - State trooper was fired for posting on a KKK website while off-duty. Judge reinstated him based on First Amendment rights. What do you think? Are cops held to a higher standard?
I'm okay with this decision.
----------------------
OMAHA, Neb. -- Nebraska Attorney General Jon Bruning said he filed an appeal on Friday related to a Nebraska State Patrol trooper who has admitted affiliations with the Ku Klux Klan, after an arbitrator ruled that the Patrol failed to show why the trooper was a threat.
Bruning said Trooper Robert Henderson, 50, of Omaha admitted in February that he had some communication with a white supremacist group called the White Knights. He was terminated in March.
Henderson, an 18-year veteran of the patrol, appealed the termination, and an arbitrator decided last week that he should be reinstated. The arbitrator said Henderson's First Amendment rights allow him to be a member of any group he chooses, Bruning said.
The arbitrator's ruling said that the Nebraska State Patrol failed to demonstrate why Henderson posed a threat to the public or the patrol. Paul Caffera's 48-page report is highly critical of how the State Patrol has handled this disciplinary case. Caffera said he shares "the disgust" the patrol has in Henderson's decision to align himself with the Ku Klux Klan, but Caffera said his ruling is based only on law, and in this case the Patrol did not prove Henderson's firing was justified under terms of the collective bargaining agreement.
Caffera noted that public employees have broad protection of their political beliefs. Since the patrol provided no evidence that Henderson did anything wrong on the job, the arbitrator said, Henderson's firing violates his right to free speech.
"It's very likely that ... the state patrol could have successfully defended the constitutionality of its decision to terminate (Henderson) by either showing some actual harm to its ability to maintain discipline and good order within the ranks, or by showing some actual diminution in the state patrol's ability to perform its police function," the ruling stated.
In his ruling, the arbitrator said the patrol failed to meet deadlines set in its investigation of Henderson, and that suggested to him that the patrol did not think the trooper posed a serious threat on the job.
"The snail's pace at which the investigation of (Henderson's) association with the Knight's Party Web site provides a clear and unambiguous signal that the agency did not seriously consider (Henderson's) activities to be a hindrance to his performance," the ruling stated.
Bruning Files Appeal
Bruning has filed a motion to vacate the arbitrator's decicision.
"Maybe a New York lawyer doesn't have a grasp on integrity, but (State Patrol) Col. (Brian) Tuma does, and I do and the governor does," and we don 't want this person on the staff, Bruning said. "We don't want the agency destroyed by a racist like Bob Henderson."
Bruning said Nebraska has a right to defend and protect its integrity. The decision came through binding arbitration and is generally tough to fight, Bruning said, but the attorney general said he believes it was just a wrong decision.
Tuma said Henderson was never cited on the job for racial profiling or other racist actions.
Tuma said his office's appeal is based on conduct unbecoming an officer. Both Tuma and Bruning said that Henderson isn't a welcome member of the state patrol.
"This is not Birmingham. This is not 1960. We have no interest in having racists in our ranks ... The First Amendment allows you to join disgusting groups ... but it does not allow him to be employed by the state of Nebraska as a state trooper. So he has a right to these thoughts, but we don't have to employ him," Bruning said.
Bruning said he has contacted state Sen. Ernie Chambers to file paperwork to revoke Henderson's status as an officer so he can't work in another state.
The Kansas Bureau of Investigation initially found out about Henderson's alleged activities in October 2005. Those officers tipped off the Nebraska State Patrol, reporting that someone identifying themselves on a white supremacist chat board as a Nebraska law enforcement officer posted that he was interested in talking with other white supremacists, particularly others in law enforcement. The tip led to the investigation.
Tuma said the KKK's history of violence make a trooper's involvement with the organization suspect. He and Bruning said that the White Knights is known to be a non-violent group that was retooled in the 1990s after David Duke headed the organization.
"Being affiliated with a white supremist organization is not consistent with the practices and policies of our agency," Tuma said.
Tuma has 60 days under the order to reinstate Henderson.
Lawyer: Henderson Has Quit Racist Group
Henderson's union attorney, Vincent Valentino of York, said his client has quit the group and is sorry he ever joined. Valentino said Henderson's membership and activities have been blown out of proportion.
Henderson wasn't "running around in a sheet and hood," Valentino said. "He was on his own time, on his own private computer. And he never brought any of the activity to the work force."
Valentino said that whatever Henderson may have done, state employees have a right to think what they want in private.
According to the arbitrator's ruling, the case had its origins in 2003, when Henderson's wife left him for a Hispanic man. Henderson is white.
Authorities said that when confronted, Henderson admitted to being a member of the Knights Party since June 2004.
According to an arbitrator's report, Henderson wrote on the Web site about how his fiance was being harassed by a black coworker and nothing was being done. He later wrote that "whites are losing their rights slowly. It's sad. I pray about it. I hope my prayers get answered."
He signed the entry "White Knight NE."
Sarpy County Chief Deputy Mike Jones said that when Henderson worked for him in Troop A for 10 years, he was an average trooper. Jones called Henderson an "impulsive individual" but not someone who ever showed signs of being a racist.
Jones said Henderson had several disciplinary problems stemming from decision-making and judgment issues.
Jones said he doesn't feel that Henderson could function as a law enforcement officer for any agency.
Henderson has not been available for comment.
Web Site Identifies Itself As 'Love Site'
The official Web site of the Knights Party, which is based in Harrison, Ark., clearly identifies itself as affiliated with the KKK. In the section that answers frequently asked questions, the site proclaims the United States was founded as a white, Christian nation and that membership in the Knights is reserved for white Christians.
The site says members do not endorse hatred, and that the Knights is a love group -- not a hate group.
Henderson posted on the members-only site, and it takes six months to a year before an applicant becomes a full member of the Knights.
The application fee for membership is $35.
A call was placed by KETV NewsWatch 7 to the national office of the Knights Party. No one returned the call.
