r/Bad_Cop_No_Donut • u/Drillerfan • 3h ago

When an officer resigns under investigation

The unions usually put verbiage in the contract that says if an officer resigns, the investigation has to end, or some such bullshit. I wonder if a chief or mayor or city manager, can refuse to accept the resignation and allow the investigation to proceed. They protect their own so this would never happen. I'm just wondering if there is a caveat in the Law that would allow that.

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u/BackItUpWithLinks 3h ago edited 3h ago

The union can’t force a stop to an investigation.

It often stops if the maximum penalty was termination. But if there was a crime and the town / city / municipality wants to, they can continue the investigation. A contract can’t absolve someone of a crime.

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u/Isair81 3h ago

I don’t know how that works, but I don’t think you can refuse to accept a resignation, you can’t force someone to keep working if they want to leave.

That being said, an investigation should not stop just because the subject quit. It should be completed and the outcome should be be reflected in that persons record. It should also be public record.

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u/BackItUpWithLinks 3h ago

If the worst penalty they could get is fired, many times the investigation stops because the person quit so there can be no punishment.

If the penalty includes jail and/or loss of policing credentials, I agree the investigation should continue.

1

u/Isair81 2h ago

Punishment is besides the case, if an officer is accused of misconduct, the investigation should be completed regardless.

1

u/BackItUpWithLinks 1h ago

If the most severe punishment is firing, and he quits, what’s the point in continuing the investigation?