Should trooper be fired?

Homosexuality and Scientology are not comparable to Racism.

I think the real inquiry is, does this man's decision to be in a racist organization impair his ability to do his job? In other words, can he act impartially as a cop while also being an open member of the Klan? I think the answer is clearly, no. Even if he DOES arrest a black man deserving of a criminal charge, the question will always exist, "Did he do it out of racism?" This will be enough to cause the jury to acquit, thereby letting a guilty man go free, and thereby negating this cop's effectiveness in law enforcement.

Would being gay impair (not "impact," now guys, I mean would it really impair) his ability to be a cop? I don't think so. A gay guy can just as easily enforce impartially the laws of the forum jurisdiction. Someone might not feel comfortable being placed in handcuffs by an openly gay man, but hey, it's not supposed to be fun, is it? Just wait and see what happens in prison!

Would being a scientologist impair his ability to be a cop? Probably not, unless he's Tom Cruise or Isacc Hayes. Assuming he's not a complete nut, merely belonging to a wacky religion should not impair his ability to be impartial. But, then again, I don't think too many religious zealouts should be law enforcement officers. In the Middle East, they let the religious zealouts be the LEO's. It doesn't work there, either. But, assuming he's rational about scientology, it shouldn't affect his work.

Apply this analysis, and the issue works out pretty well. This guy should be fired on the basis that he did not meet the minimum intelligence-based BFOQ.
 
Who defines what a racist organization is? I've certainly heard a number of people define the Republican Party as racist. I can recall a few religions being desribed as racist. Some fraternal orders have been so labeled at one time or another. So, who does the defining?
 
There is video evidence of the KKK outright calling people of different Race and religous believes under the memebers of the KKK. There is evidence of the KKK hanging/killing people because they are of a different Race.

I have not seen such evidence of the Republican Party doing those activities.

Do you know what is right and wrong? Because judgeing someone on the Skin color is wrong and beleiveing that person should Die or be cast out of America or be made a slave because of his skin color is wrong
 
Don, C'mon, man! The KKK is a racist organization. If you want a hard-line definition, without ambiguity or argument, then I suggest you pick a forum that doesn't deal with the law. The law doesn't deal in absolutes. But, you can be quite sure of this: The KKK is a race-based hate group.

Was it Justice Rehnquist or Justice Black that wrote the opinion about pornography and the definition of "offensive material," and said, "I'll tell you this. I'll know it when I see it."?

And, last time I checked, the U.S. Supreme Court does the defining. Congress does the writing, and the President blows you to kindom come if you don't comply with the other two.
 
Sam

Of course the KKK is a racist organization. So is the Nation of Islam and La Raza. But their existence is not illegal nor is membership in them.

The real issue is - who decides what is a undesireable organization and determines whether membership can deprive one of a job. The Southern Poverty Law Center lists 803 hate groups including the above-mentioned groups as well as the Jewish Defense League and the California Coalition for Immigration Reform. Should that be the definitive list?

Who decides what is acceptable or unacceptable? Who is to decide whether membership in a political party will cause one to lose a job? Are we going to run employment questions regarding each specific group past the USSC? Are we going to have Congress legislate on which groups are/are not acceptable?

Once we start picking and choosing what organizations a person can belong to, in terms of job retention, then no one is safe from the PC demagogues.

EDIT: Forgot the pornography reference. One person's porn is another person's art. And vice versa. Is a Rodin nude art or porn? The definition of porn, like the definition of unacceptable organizations, is slippery and subjective.
 
The libertarian answer would be that if we didn't have public police forces we wouldn't have this problem...but if I said anything more I'd get attacked from all sides.
 
No, no, Don. The point is not to define "acceptable" versus "unacceptable" behavior. The inquiry MUST be done completely subjectively. The relevant inquiry is only, "Does this person's activity impair his ability to uphold the laws of the United States of America?".

Acceptable behavior is irrelevant. Many instances of acceptable behavior of our state would likely render a death sentence in a Muslim Dictatorship. (Side note: I'm not really sure that "Muslim State" is an appropriate term, since the laws of these states do not AT ALL conform to the muslim faith, as I understand it.)

No. We do not need Congress, the Supreme Court, or anyone else to legislate what will and will not be "acceptable" behavior to render someone unfit for police duty. Nor will firing this idiot lead to such legislation. No, the relevant inquiry is sufficient. And, this guy clearly fails the relevant inquiry. And, he should get fired. In this particular case, this guy's activities demonstrate a clear incapacity to fulfill his duties as an LEO. He should get fired. Case dismissed.

Incidentally, in one of my ethics classes in Law School, we researched the case of a guy named Matt Hale. He was rejected from taking the State Bar Examination for being the leader of a race-based hate group. They declared him unfit to practice law. Big controversy ensued (first amendment issues argued against the need for adherence to the legal code of ethics), and last I heard, the guy still isn't practicing.
 
This is a tough one. It is legal to belong to the Klan even though their message and ideals are abhorrent to most. The flip side is would a Black Nation of Islam member be hired or fired if their affiliation was known? Can a Jewish cop be trusted to arrest Muslims?.Can an ACLU or HCI member be trusted to deal with firearms owners fairly?

This seems to be one of many issues that test a persons real sense of fair play and live and let live until proven (on an individual basis) as harmful. The test of free speech and association is not to give a green light to those who agree with you, and cut off at the ankles those who don't.

My personal guess is that if this guy really believes that Klan B.S. his ratio of arrests to convictions will be so low that he will be forced out by performance and lawsuit issues.
 
The libertarian answer would be that if we didn't have public police forces we wouldn't have this problem...but if I said anything more I'd get attacked from all sides.
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That sounds more like anarchism than libertarianism.
 
Sam,

You ask - "Does this person's activity impair his ability to uphold the laws of the United States of America?".

Apparently not, according to the article:

Tuma said a review of Henderson's record showed no pattern of bias or misconduct against minorities.

"There were no concerns whatsoever that he was engaged in any profiling or any biased treatment of any minority," he said.
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So what basis to terminate the man other than membership in a group that is currently politically incorrect? His on-job behavior and treatment of those he comes in contact with doesn't seem to be an issue.

I don't believe I mentioned anything about behavior, just membership in acceptable/unacceptable groups - whatever they may be as decided by whomever.

Membership in a legal group, absent any illegal behavior, should not be grounds for termination.
 
Don H Bravo for keeping this very civial

I have a question for you.

What are a Officers responsibiltys when off duty? For instance if he is witness to a illegal activity is he required to act with the authority of a LEO and can he act in the authority of a LEO when wearing a KKK uniform?
 
He is Law Enforcement and there are certian groups that you cannot belong to, these groups have a criminal past and it is a conflict of interest to belong to any of these type of groups. When he decided to join the KKK he should have resigned first. How can you live up to a sworn oath of office?
 
whats the difference in this guy being in the kkk and a hispanic cop belonging to lulac? they BOTH are racist organizations, the klan are just more brazen about it.

im not condoning the kkk, i think they are idiots personally, but they have just as much right to exist as does lulac or the naacp.

the local lulac chapter is having a fiestas patrias beauty pagent, ad in the paper says it open to "latinas 12-18" hmmm, latinas only? sounds like discrimination to me, imagine the uproar from lulac if the tables were turned.
 
He is Law Enforcement and there are certian groups that you cannot belong to, these groups have a criminal past and it is a conflict of interest to belong to any of these type of groups.
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Oh please, the term "conflict of interest" is so broad that everyone is going to have one according to someone elses definition.

I am "officialy" transfering to the sporting goods counter at the store I work at. (Better pay) We sell guns and ammo there. An employee can deny a sale if they have any reason to believe that the person is not allowed to buy a gun and/or ammo. (We even have a list of people who we will not sell to for various reasons, some of them are Hispanic.) We sell lots of guns, ammo, and other goods to hispanics in my store. Now, it is well known in my store that I support tightened border security, deporting ALL illegal aliens, punish the businesses that hire them, and making it easier for people to enter the country legaly to work. I even have some Minuteman articles and quotes printed out in my backpack for when discussing politics while on break with co-workers. (Many of my co-workers share my views.)

Now, is it a conflict of interest for me to work at the Sporting Goods counter? Remember, I can deny the sale of guns or ammo if I "feel" that the person is not allowed to buy them or is buying for someone else. I could use any number of reasons to deny the sale. Even if there is no evidence of me discriminating against Hispanics, should I have to give up my job?

Now I know my case isn't anywhere near the magnitude of this persons case. But it raises the questions of where do we draw the line? Everyone has something about them that someone else will take offence too. If you really want to make things interesting, what about all the conflicts of interest our elected officials have?
 
read the KKKs goals

They do not mention overthrowing the governemnt by violent means, killing or attacking others, They want to elect KKK members to positions in government using political power. Thats the same thing Democrats and Republicans want to do. So should we fire law enforcment officers because of thier political affliation?

I am by no means a supporter of the KKK. This is America where we do have freedom of speech. As long as the officer upholds the law regardless of personal beliefs he should be able to excercise his rights of free speech within the parameters of the law.

I scratch my head and wonder at the folks here on the forum who seem intent that its right to deprive others of thier rights or feel that its okay to trade rights for safety.

If the officer wants to belong to the KKK as a means of expression of his free speech and is a professional who enforces and upholds the law without bias. I see no problem with it. If you let them fire one person for something like that, then what organization is going to be deemed politically incorrect next? Maybe they will decide that officers that belong to the NAACP should be fired next or maybe even NRA memebers.
 
Well, we do have the right of association, however, IMO, this cop has displayed a detestable sense of judgement. I agree with others who question his ability to function as a fair minded LEO.
 
What are a Officers responsibiltys when off duty? For instance if he is witness to a illegal activity is he required to act with the authority of a LEO and can he act in the authority of a LEO when wearing a KKK uniform?
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Probably with as much authority as he would if dressed as a drag queen, and nobody is going to deny his right to do that. ;)

He is Law Enforcement and there are certian groups that you cannot belong to, these groups have a criminal past and it is a conflict of interest to belong to any of these type of groups. When he decided to join the KKK he should have resigned first. How can you live up to a sworn oath of office?
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Wonder if police unions are affiliated with the AFL-CIO? :p

Does this law/rule specify what organizations one cannot belong to? How about a cite?

I agree with others who question his ability to function as a fair minded LEO.
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Nobody has noted any deficiencies in this area. Should he be fired as a preventive measure in case sometime in the future he may not be fair-minded?
 
So does that mean that a Republican LEO has a detestable sense of judgment? That his belief that the president has the power to overide the Fourth Amendment effects his ability to function as a fair minded LEO?
 
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