Malcolm Gladwell

That's Daniel Oates. He started his career in the 1980s in the NYPD and rose to be chief of four separate big city police departments. After George Floyd was killed, he wrote an op-ed for the Washington Post. You could be forgiven if you missed it. It was a pretty technical analysis of law enforcement collective bargaining agreements.

That's Daniel Oates. He started his career in the 1980s in the NYPD and rose to be chief of four separate big city police departments. After George Floyd was killed, he wrote an op-ed for the Washington Post. You could be forgiven if you missed it. It was a pretty technical analysis of law enforcement collective bargaining agreements.

At one point in his career, Oates was chief of police in Aurora, Colorado, a mid-sized suburb of Denver. He had 650 officers in his department. In his more than eight years as chief, there were 16 he wanted to fire. That was his fat tail. A very small number of his officers were proving to be a problem. They were violent. They had drinking problems.

At one point in his career, Oates was chief of police in Aurora, Colorado, a mid-sized suburb of Denver. He had 650 officers in his department. In his more than eight years as chief, there were 16 he wanted to fire. That was his fat tail. A very small number of his officers were proving to be a problem. They were violent. They had drinking problems.

He caught them lying on their field reports, on and on. he negotiated complicated severance agreements with 12 of the 16. They agreed to leave the Aurora PD, but with a clean record, so it was possible for them to get a job somewhere else. The remaining four he fired, but then in three of those cases, his decision was reversed on appeal.

He caught them lying on their field reports, on and on. he negotiated complicated severance agreements with 12 of the 16. They agreed to leave the Aurora PD, but with a clean record, so it was possible for them to get a job somewhere else. The remaining four he fired, but then in three of those cases, his decision was reversed on appeal.

So of the 16 bad apples who he thought were not worthy of a role in law enforcement, he succeeded in removing one. The problem is that many police union contracts are full of provisions that hamper internal investigations of wrongdoing. In a normal criminal investigation, the police question any suspect as soon as possible.

So of the 16 bad apples who he thought were not worthy of a role in law enforcement, he succeeded in removing one. The problem is that many police union contracts are full of provisions that hamper internal investigations of wrongdoing. In a normal criminal investigation, the police question any suspect as soon as possible.

But in investigations of allegations against officers, many unions delay that first round of questioning for days, if not weeks, long enough for stories to be straightened out.

But in investigations of allegations against officers, many unions delay that first round of questioning for days, if not weeks, long enough for stories to be straightened out.

And before that first interview in some cities, the police department has to hand over all of its evidence and witnesses in advance to the defendant's attorney, a practice that would be highly unusual in a standard criminal investigation. Daniel Oates says that he ran into this problem when he was called in to clean up the Miami Beach Police Department.

And before that first interview in some cities, the police department has to hand over all of its evidence and witnesses in advance to the defendant's attorney, a practice that would be highly unusual in a standard criminal investigation. Daniel Oates says that he ran into this problem when he was called in to clean up the Miami Beach Police Department.

Did they change that provision in your time there?

Did they change that provision in your time there?

How much did that, in the end, frustrate your ability to improve the quality of policing in Miami Beach?

How much did that, in the end, frustrate your ability to improve the quality of policing in Miami Beach?

A small number of officers betray the standards of the profession, but unions protect that fat tail. It's not the 95% of honest, hardworking police officers who need an extra few weeks to get their story straight or who require advanced access to all the evidence and witnesses against them. Jerry Finnegan needs all those things. Derek Chauvin needs all those things.

A small number of officers betray the standards of the profession, but unions protect that fat tail. It's not the 95% of honest, hardworking police officers who need an extra few weeks to get their story straight or who require advanced access to all the evidence and witnesses against them. Jerry Finnegan needs all those things. Derek Chauvin needs all those things.

Somehow a system intended to serve the interests of the many in the thin tail has ended up serving the interests of the crooked few in the fat tail.

Somehow a system intended to serve the interests of the many in the thin tail has ended up serving the interests of the crooked few in the fat tail.