November 04, 2024

A recent investigation conducted by the San Francisco Chronicle into the practice of using disability benefits to make problem police officers go away quietly yielded shocking results. The report found that numerous police departments throughout the state pay benefits to officers who have been accused of misconduct, allowing them to leave with a clean record and able to seek employment elsewhere. If you have been a victim of police misconduct, the Helbraun Law Firm can fight for your legal rights, potentially filing a civil rights lawsuit on your behalf.

Call the Helbraun Law Firm today to schedule a free initial consultation to discuss your case with a San Francisco police misconduct lawyer. Our attorneys can help you fight for justice and accountability when you have been harmed by the wrongful actions of a police officer.

Local Law Enforcement Agencies Have Been Misusing Disability Payments

Disability payments are a legitimate way to ensure that a police officer can still be paid when they have been injured on the job. Some police officers are hurt in the performance of their duties, and the disability law system provides them with a safety net. However, local law enforcement agencies have been misusing the disability system to quietly rid themselves of problem officers by giving them tax-free payments. In many ways, the officers are able to avoid accountability for their actions while receiving a continuous stream of income in the process.

To be clear, police departments have a moral obligation to ensure that their officers face the fullest possible consequences for their misconduct. However, the San Francisco Chronicle investigated law enforcement agencies throughout the state and found that many of them improperly used the disability system to pay officers accused of misconduct to get them to leave their jobs. This way, the law enforcement agency can avoid the disciplinary process and quickly remove an officer from duty. Scores of officers have been able to avoid accountability for their wrongful conduct while receiving financial benefits because they have reached an informal “clean record” agreement with their employer. Their employers have allowed them to resign without a public process, keeping their disciplinary records clean.

Officers Accused of Serious Misconduct Often Receive Disability Benefits

According to the reporter who led the investigation for the newspaper, the allegations against the officers were, in many cases, extremely serious. Complaints involved dishonesty, sexual assault and excessive use of force. Ordinarily, these allegations would not only subject a police officer to a disciplinary here and, but they could even face lawsuits and criminal consequences. However, employers often use the disability insurance process to bury the problems and keep them from coming to light.

Disability payments often entitle an officer to half of the salary that they were earning before they were injured. Since these payments are tax-free, an officer may end up in close to the same financial position that they would have been in had they continued working. In some cases, the officer is even able to get a new job while still receiving disability payments. Some police officers were even able to be hired by other departments throughout the state because they had no disciplinary record. In fact, the investigation found that officers who were accused of misconduct have been hired by 167 different agencies throughout California. The new employer has absolutely no idea that their recent hire has any type of misconduct allegations.

Millions of Dollars Have Been Wrongfully Paid to Police Officers

When a police officer is fully healthy, getting a disability check can even be a financial bounty. However, an officer may not claim disability after they have been found to have committed misconduct. Further, their pension can also be jeopardized. CalPERS, the state agency which oversees pension payments, simply assumes that police departments are acting in good faith when they certify that an officer is disabled. Between police departments misusing the system, and CalPERS benign neglect, over $23 million have been paid in disability benefits to officers who committed misconduct, according to the Chronicle investigation.

The investigation may have captured only a small part of the problem. Many more officers may have claimed injury before they could face the disciplinary process for misconduct. It is impossible to know exactly how many officers were able to avoid punishment before there were any formal allegations presented against them. Going forward, the hope is that this public scrutiny will make police departments think twice before quietly trying to handle disciplinary matters by offering police officers disability payments to leave their job quietly.

Contact a San Francisco Police Misconduct Law Firm Today

If you have been harmed by the wrongful actions of an officer, reach out to a police misconduct attorney at the Helbraun Law Firm today. You can schedule a free initial consultation with a police misconduct lawyer by messaging us through our website or by calling us today at 415-982-4000.

David M. Helbraun

Attorney David M. Helbraun at the Helbruan Law Firm in San Francisco emphasize litigation and conflict resolution in the areas of legal malpractice, civil rights & police misconduct and insurance & tort litigation.