Forty non-union police officers sued Denver and the city’s largest police union claiming the association charges them fees to cover wage negotiation costs without giving them a say or any accounting of how the money is spent.
The lawsuit filed Thursday in U.S. District Court in Denver says that the Denver Police Protective Association unilaterally determines what fees to non-union members will be and Denver deducts the money from their pay checks.
Forcing the police officers to pay dues without representation between 2014 and 2016 violates the First, Fifth and 14th amendments of the Constitution, according to Denver attorneys Donald Sisson, Reid Elkus and Lucas Lorenz. They are seeking reimbursement of the money the officers paid and attorney’s fees.
Nick Rogers, police union president, said because of pending litigation he could not comment about the lawsuit.
The city of Denver has recognized the Denver Police Protective Association as the “sole and exclusive bargaining agent” and deducts fees from non-union police officers to cover their “fair share” of costs associated with negotiating on their behalf. The union certifies the amount to be deducted.
The lawsuit does not challenge the concept of “fair share” assessments.
But the union sets the fees without providing an adequate accounting of how they determine what non-union officers are charged. The union has not given non-members an opportunity to challenge the fees they are charged, in violation of the U.S. Constitution, the lawsuit says.
“The DPPA has expressly refused to provide the Plaintiffs with an opportunity to challenge the 2014 Fair Share fees through arbitration,” the lawsuit says. “The DPPA has improperly and illegally assessed fair share amounts for the years 2014, 2015, and 2016.”
