Aurora police union rep defends right to address council on duty
The president of the Aurora police union is unhappy he had to use compensation time to address the city council this week during his regular work hours.
David Schmidt, a second-shift patrol officer and president of the Association of Professional Police Officers, urged the council to consider a variety of funding possibilities to avoid layoffs or salary cuts in the police department.
But Schmidt also said city officials violated his constitutional rights and the police department contract when they told him he could not speak to the council on the police department's time.
“While the city respects the right for APPO members to advocate for their union, their contract does not permit active-duty police officers to speak before the Aurora City Council,” city spokesman Kevin Stahr said in an e-mail. “APPO members who are off-duty can speak before the city council on their own time.”
Schmidt said he has a First Amendment right to speak to council, even while on duty.
His message to the council: laying off police officers will put the public at risk and hurt the police department's efforts to combat violent crime.
Schmidt also said the contract between the union and the city allows employees to communicate with the city and its representatives during working hours.
The contract states police union members can do the following activities during their shifts without loss of pay:
“Engage in actual collective bargaining negotiations with the employer; transmit communications, authorized by the association or its officers, to the employer or his representatives; attend association meetings; consult with the employer, his representative, association officers or other association representatives concerning the enforcement of any of the provisions of this agreement.”
The Association of Professional Police Officers' contract with the city can be downloaded from policepay.net.
The contract expired in March and negotiations for a new one have bogged down over issues of possible layoffs or pay cuts relating to the city's projected budget deficit.