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Patrol-specials attorney asks commission to review client-list rule over privacy concerns
Summary
Counsel for patrol specials asked the Police Commission to send rule 4.15 to the city attorney for legal review, arguing the rule's requirement to disclose clients and rates raises constitutional privacy issues; the commission agreed to forward materials and asked the city attorney to advise.
Charles Bonner, counsel for the patrol-specials organization, asked the commission to ask the city attorney to review rule 4.15, which requires patrol-specials to provide a list of their clients and a schedule of rates.
Bonner told the commission the rule "appears to us [to be] constitutionally overbroad" because clients have "a constitutional right of privacy in their financial affairs," and he warned that enforcement could expose both patrol specials and the city to litigation under 42 U.S.C. a7 1983. He asked the commission to stay disciplinary action until legal review is complete.
President Theresa Sparks said the commission would forward Bonner's memorandum to the city attorney for review. In the interim, commissioners reiterated that the interim rules remain in force and that lack of compliance may subject patrol-specials to disciplinary procedures until any change is made by the commission after legal advice.
