No Visible Tattoo SOP

Update on the Maryland Arbitration

Ruling on police tattoo policy still weeks away

In meantime, officers have to keep them covered

By HEATHER RAWLYK, Staff Writer

Published March 26, 2008

Six days before county police switch to seasonal short-sleeved uniforms, an arbitrator said it would be weeks before he'd rule on a new policy that requires officers to cover tattoos while on duty.
In the meantime, officers with tattooed forearms will have to wear long sleeves as the spring and early summer temperatures continue to climb. Officers with tattoo-free arms have the option of switching to short-sleeved uniforms on Sunday, said Sgt. John Gilmer, a county police spokesman.
Arbitration began Monday for the new tattoo policy, which was instituted in June to ensure officers are portraying a professional image on the job, said Officer O'Brien Atkinson, president of FOP Lodge 70, the union that represents officers.

County Executive John R. Leopold and police Chief James Teare would not comment on the arbitration. They said it would be inappropriate to comment until a ruling is made.

At the end of the hearing Monday, the New Jersey arbitrator gave legal teams for the battling sides 45 days to submit their post-hearing briefs. He also set a ruling deadline of June 5 - about two weeks before summer officially begins.

And they likely will continue to have to cover their body art for a short time after the ruling is made, even if the decision is in favor of union officials, who say the policy involves a working condition and should have been negotiated with the union.

That's because the arbitrator will not decide whether tattoos are professional. He will only rule on whether the mandatory wearing of long sleeves during hot months is considered a working condition - and if the county has an obligation to negotiate the working condition before instituting the policy.

The arbitrator, chosen from a list of nine arbitrators in the mid-Eastern region in December, may come back with a recommendation about how to implement the new policy, Officer Atkinson said.

Or, he might leave it up to the union and police department to negotiate. The arbitrator also may rule in favor of the county. If that happens, the policy stands.

The union's labor attorney will not give the name of the arbitrator until post-hearing briefs are turned in May 5. It would be "inappropriate" for the man to be contacted before a ruling is made, he said.

Officer Atkinson said he had hoped a decision would have been made before temperatures rose. He filed a grievance with Chief Teare within a week after a memorandum was issued June 22 - which announced a new policy requiring all sworn officers, civilian volunteers, animal control and bike patrols, to cover all tattoos, body art and "body mutilation" while representing the police department.

He met with Chief Teare three times, requesting the policy be withdrawn and that terms be negotiated with the union.

Officer Atkinson was optimistic when the arbitrator was chosen in early December, and expected a hearing in January, well before temperatures began to warm up.

But the arbitrator had a packed schedule and couldn't hear the arguments until Monday.

"Our summer uniform kicks in five days from now," Officer Atkinson said. "Luckily, it's chilly right now. But I don't know how May and June are going to look."

He said the arbitration could cost county taxpayers and the local police union thousands of dollars by the end of the battle.

I want to get a tat of all the brass names on my cornhole

ouchhhhhhhh

Update to Maryland Arbitration:

Right to bare arms
Arbitrator says cop tattoo policy must be negotiated
By HEATHER RAWLYK, Staff Writer
Published June 27, 2008
For the first time in a year, county police officers with tattooed forearms are able to wear short-sleeved uniforms to stay comfortable in the sweltering heat.

An arbitrator ruled this week that a policy requiring civilian and uniformed officers to cover tattoos while on duty should have been negotiated with the local police union before being instituted last summer.

Col. James Teare Sr., chief of county police, sent a memorandum to his staff Wednesday rescinding the policy initiated in June 2007 "effective immediately."

The police chief was ordered to negotiate the terms of any new tattoo regulations with Cpl. O'Brien Atkinson, president of the Fraternal Order of Police Lodge 70.

Chief Teare has been in touch with Cpl. Atkinson, but is yet to schedule negotiations, said Sgt. John Gilmer, a county police spokesman. He said the police chief agreed to abide by third-party arbitrator Robert T. Simmelkjaer's decision.

"The general public should understand that this fight has not been about tattoos, but about respect for our collective bargaining and the rights of our police officers," Cpl. Atkinson said.

Immediately after the policy was put in place, Cpl. Atkinson filed a grievance with the police chief. He said requiring staff to wear long sleeves in the hot summer months is a working condition - and the County Charter requires changes in codes pertaining to working conditions to be run through the union before implementation.

But Chief Teare has said the policy isn't a working condition, just an update of grooming and appearance guidelines.

He said police officers must represent the public in the "best light" and be approachable by the public. He said some tattoos are "offensive" to certain ethnic groups and others are "symbolic of gangs or groups associated with illegal activity."

The union countered that wearing long sleeves while conducting traffic control, a foot patrol or chase in 90-degree weather is certainly a working condition. And that for more than 20 years before June 22, 2007, there was no requirement that tattooed officers be covered.

Cpl. Richard Colmus testified he's had a spider tattoo since 1979, and the police department was aware of his body art when he was hired. He has never received a public complaint about his tattoo.

He said having to wear a long-sleeved shirt in the summer was uncomfortable.

Officer Brian Williams said he didn't have a tattoo when he was hired seven years ago, but had his left arm inked in 2005.

When wearing long-sleeved uniforms in the summer, Officer Williams said he would have to carry a towel in his patrol car and sometimes go behind buildings to change shirts because his sleeves were "darkened with sweat."

Occasionally, the officer would go back to the station to change uniforms because he was so soaked from the heat.

The descriptions of physical discomfort during officer testimonies convinced the arbitrator that the tattoo policy, unlike grooming regulations, directly impacts officer's working conditions, and thus should have been bargained.

The tattoo arbitration, which began March 24, came down to a case of fairness, Cpl. Atkinson said.

"Officers who were hired by the police department with tattoos or who received tattoos in the absence of a policy, felt that they were being unjustly punished by being forced to wear long sleeves during hot summer months," he said. "In addition to the comfort issues, many officers considered the mandatory wearing of long sleeves in the blistering heat as a scarlet letter - a sign that they had done something wrong, or had something to be ashamed of."

Most police officers said they are proud of their tattoos.

"Some are memorials of loved ones, family members, or reminders of tragedies such as Sept. 11," he said.

Before being ordered to cover tattoos, Cpl. Atkinson said most officers reported having positive interaction with the communities they served stemming from their body art.

He said he wishes he and the police chief could have come up with a compromise in the three times they met before going to arbitration. But he's happy with how things turned out.

"It is unfortunate that we had to spend literally tens of thousands of dollars fighting this issue, but we are thrilled that the police officers and the duty to bargain with employee representatives prevailed," Cpl. Atkinson said.


Is the Coral Gables FOP going to follow their lead?

If you have tattoos past your elbows suck it up. Im sleeved and wear long sleeve shirts year round in 115 plus temps. I have found at first its very hot but your body will get use to it! I have fellow police officers on my department who now wear long sleeves all year long as they have seen me come out of calls covered in blood but protected by my uniform for the most part. Where I think there is an issue is when someone wants to become a police officer but is turned away just because of a tattoo... They should be asked if they are willing to wear long sleeves up front and if so there should be no more talk about it. People with tattoos are treated like minorities were back in the 50's. Im a disabled retired (Medical) vet who has been a police officer for over four years and now must find a new career (Relocating) outside of law enforcement because of my tattoos. I love my job but close minded people have destroyed my ability to continue to proudly serve my fellow americans!!!!!!

so if you are transitioning from the marine corps and want to be a fairfax county police officer they wont hire you because of visible tattoos?
if that is the case than they might as well tell the recruiters to stop going to transition briefs because 90% of marines have visible tattoos and 100% of the infantry has visible tattoos if not sleeved.
0311 infantry marines get tattoos it is just something that has been a tradition in the marine corps since quadalcanal and have always made outstanding police officers after they left the corps.
why the change now?

Anyone with a military tattoo should be given a pass on them and hired, PERIOD. But the Supreme Court ruled back in 1980 or 81, that governmental entities, have the right to say what their officers look like while working. That case was over goatees on a dept in Long Island. So the arbitrator is wrong. It isn't a contractual thing per the U S Supreme Court. IF you hired with the Tattoos, they will have to grandfather you in. But if the city of coral gables wants you in Pink uniforms, no facial hair, or anything else, it been decided ALREADY.

If i have a tattoo on my ****, who takes the picture? :P

Del Valle will check it for you because he is a FAG!