Tulsa police's collective bargaining agreement can make accountability tough, says lawyer

TULSA, Okla. — Two Tulsa Police officers were arrested this week after they were accused of covering up a 2020 crime.

Lt. Marcus Harper and Ofc. Ananias Carson are expecting in court next week.

The police uniform comes with great responsibility and risk.

"The public has a right to trust law enforcement," said Tulsa Police Chief Wendell Franklin right before the officers were booked into Tulsa County Jail. "They should be able to trust us."

That trust was broken by the two officers who were each charged with being an accessory to a felony.

"I set high expectations and I've been consistent with holding those high expectations," said Franklin. "And I hold those accountable who fall short."

Lodge #93 of the Fraternal Order of Police confirms both are members.

NewsChannel 8's Daniela Ibarra dug through the City of Tulsa's current collective bargaining agreement with Lodge #93, which has clauses that could make police accountability tough.

"The police union is basically just like any other union," said longtime civil rights attorney Robert Gifford. "They look out for its members, they try to exercise their rights they have within the within the workplace."

Gifford is also the only Oklahoma lawyer who's a member of the National Police Accountability Project.

"Does [the contract] offer protections that people like you and I wouldn't get if we were under investigation?" asked NewsChannel 8's Daniela Ibarra.

"Absolutely," responded Gifford.

Documents show Harper and Carson were charged more than a year after the incident.

Franklin said both officers were on leave with pay until those charges were made.

"It's a little bit different than if you and I had done exactly the same thing," Gifford said. "Then we're held accountable directly by charges, and we go to court immediately. With police officers, there is not normally immediate charges."

Police accountability watchdog group Check the Police said there are four clauses that make accountability difficult.

The website cites an older collective bargaining agreement, but NewsChannel 8 verified the clauses cited are still in the document.

In the contract's Police Officer Bill of Rights, it says officers who are under investigation can records their own interrogations.

"There's nothing that prevents you from being able to do it,' said Gifford. "There's no law that says you can't do it. However, if a police officer directs you to turn off your phone, and you don't do it, then all of a sudden you're going to get arrested for not obeying the officers order. So it's a catch 22."

Jeff Downs, president of Lodge #93 was not available for an on-camera interview.

Downs told NewsChannel 8 on a phone call the internal investigation typically happens after a criminal investigation wraps up.

Just because an officer is cleared of criminal charges, Down said that doesn't mean they won't face internal discipline for violating department policies.