Commercial Practices in European Union - Free Essay Example

Sample details Pages: 4 Words: 1084 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: European Union Essay Did you like this example? Introduction The memorandum is intended to deal with two issues arising from Mr.Nedkova related to the unfair commercial practice Directive (UCPD) in European Union. First of all, whether a commercial practice in Mr.Nedkova case considered as à ¢Ã¢â€š ¬Ã…“unfairà ¢Ã¢â€š ¬Ã‚  and to what extent commercial practice may be regarded as unfair? Furthermore, the second issue concerning on which measures may be taken by Bulgarian Consumer Protection Authority for ensure compliance of à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚  with the provisions of the Unfair Commercial Practices Directive? Assessment of à ¢Ã¢â€š ¬Ã…“Unfairà ¢Ã¢â€š ¬Ã‚  To begin with, there are three steps in order to analyze whether a commercial practice in present case fall within the scope of à ¢Ã¢â€š ¬Ã…“unfairà ¢Ã¢â€š ¬Ã‚  under the UCPD. First of all, it is important to check whether advertisement of à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚ in present case violate the à ¢Ã¢â€š ¬Ã…“black listà ¢Ã¢â€š ¬Ã‚  of Annex I under the UCPD. Don’t waste time! Our writers will create an original "Commercial Practices in European Union" essay for you Create order The Black List includes the 31 à ¢Ã¢â€š ¬Ã‹Å"exhaustive list of à ¢Ã¢â€š ¬Ã…“misleadingà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“aggressiveà ¢Ã¢â€š ¬Ã‚  practices which shallà ¢Ã¢â€š ¬Ã¢â€ž ¢, in al circumstances, be considered as unfair and shall ban uniformly in member states. If the commercial practice can not be found in black list of Annex I, then second step is to test whether à ¢Ã¢â€š ¬Ã…“commercial practice constitute a misleading (Art 6, and Art7 UPCD) OR an aggressive practice (Art8, and Art9 UPCD) which is likely to distort the transactional decision of the average consumerà ¢Ã¢â€š ¬Ã‚ [1]? If practice is not fall with the scope of Art 6 to Art9 UPCD, third step is to analysis whether commercial practice infringes the professional diligence under Article 5(1) of UPCD. In the end, if none of above three steps can found the infringement of commercial practice, it will not consider commercial practice as unfair under the UNPD. According to paragraph 14 à ¢Ã¢â€š ¬Ã…â €œblack listà ¢Ã¢â€š ¬Ã‚  of UNPD provide that misleading practice shall ban whenà ¢Ã¢â€š ¬Ã‹Å" Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.à ¢Ã¢â€š ¬Ã¢â€ž ¢[2] In this case, à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚  advertised its loan services by stating that anyone who registers on its website can receive 10 lev. Or 20 lev credit for introduction of friends. A commercial practice, in this case, shall be prohibited under UNPD. Next, in order to make sure this commercial practice is considered as à ¢Ã¢â€š ¬Ã…“unfairà ¢Ã¢â€š ¬Ã‚  under the UNPD. It is necessary to assess the second steps. Art 6 and Art7 of UNPD provide that à ¢Ã¢â€š ¬Ã…“a commercial practice shall be regarded as misleading if: (a) It contains false information and is th erefore untruthful; Or (b) it misleads or is likely to mislead the average consumer even if the information is factually correct; Or (c) it omits certain relevant information that the average consumer needs and in all three alternatives this practice causes or is likely to cause a consumer to take an economic decision that he would not have taken otherwise.à ¢Ã¢â€š ¬Ã‚ [3] In this case, the advertisement was not contain any false information, promotion was directly mislead consumers, since the pyramid scheme fall within the black list of Annex I, therefore, the assessment of average consumer test is unnecessary. Furthermore, Art8 and Art9 of UNPD stated that à ¢Ã¢â€š ¬Ã‹Å"A commercial practice shall be regarded as aggressive if: a) It by harassment, coercion, including the use of physical force, or undue influence; Or b) significantly impairs or is likely to significantly impair the average consumer ´s freedom of choice and thereby; c) causes or is likely to cause him to take economic decision that he would not have taken otherwise.[4]à ¢Ã¢â€š ¬Ã‚  In present case, the advertisement of à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚  can not be considered as aggressive practice, because the company neither harassment, coercion impair on average consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s freedom of choice or cause consumer to take economic decision. Last but not least, the third step also should not be overlooked. Art 5(1) indicates that à ¢Ã¢â€š ¬Ã…“the practice shall be unfair when the practice is contrary to the requirement ofprofessional diligence.à ¢Ã¢â€š ¬Ã‚ [5] Professional diligence, in this case, Money4U was not act bad faith of field of activity. Advertisement of Money4U did not infringe the professional diligence under the art5 (1) UCPD. Therefore, concerning to first issues, instead of sale or consumption of products, the main purpose of advertisement of à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚  was to gain abundant consumers by using a pyram id promotional scheme. Since Mr.Nedkova had suffered detriment due to the à ¢Ã¢â€š ¬Ã‹Å"pyramid schemeà ¢Ã¢â€š ¬Ã¢â€ž ¢ of Money4U, as a result, in this case, advertisement of à ¢Ã¢â€š ¬Ã…“Money 4Uà ¢Ã¢â€š ¬Ã‚  can be regarded as an unfair misleading commercial practice and shall prohibited under the paragraph 14 black list of UNPD. Enforcement of UCPD According to Art 11(2)(a) of Unfair commercial Directive stated that à ¢Ã¢â€š ¬Ã‹Å"Member States shall confer upon the courts or administrative authorities powers enabling them, in cases where they deem such measures to be necessary taking into account all the interests involved and in particular the public interest: (a)to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, unfair commercial practices.à ¢Ã¢â€š ¬Ã¢â€ž ¢[6] In present case, the promotion of à ¢Ã¢â€š ¬Ã…“Money4Uà ¢Ã¢â€š ¬Ã‚  has been advertised four month from October 2013 to February 2014. Thus, the Bulgarian Consumer Protection Authority shall eliminate the continuing effect of unfair practice and order the cessation of unfair commercial practices which arise from Money4U Company. To sum up, it is necessary to comply with UCPD framework of analysis in order to decide whether a commercial practice can be regarded as à ¢Ã¢â€š ¬Ã…“unfairà ¢Ã¢â€š ¬Ã‚  under the UCPD. Moreover, since Mr.Nedkova had suffered detriment due to the à ¢Ã¢â€š ¬Ã‹Å"pyramid schemeà ¢Ã¢â€š ¬Ã¢â€ž ¢ of Money4U, as a result; in this case, advertisement of à ¢Ã¢â€š ¬Ã…“Money 4Uà ¢Ã¢â€š ¬Ã‚  is misleading commercial practice and infringes the paragraph 14 black list of UNPD. Finally, the Bulgarian Consumer Protection Authority shall fulfill art 11(2) (b) of UNPD, and termination of à ¢Ã¢â€š ¬Ã‹Å"pyramid schemeà ¢Ã¢â€š ¬Ã¢â€ž ¢ of Money4U. [1] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art6,7 [2] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art8.9 [3] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art6,7 [4] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art8-9 [5] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art5(1) [6] Council Directive2005/29/ECof the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market [2005] Art11(2)(a)

Video Games And Real Violence - 944 Words

Video games and real violence, is there a relationship? Just take a minute and think about the question. According to HealthLine news 91% of kids play video games and 90% of these video games are violent video games. So one would automatically assume video games promote real violence. I believe this is not true and through expert analysis and through my own experience I will not only show but, prove that video games do not promote violence. I have been playing video games for as long as I can remember. I started out playing Teenage Mutant Ninja Turtles on Nintendo when I was six and now I play a variety of games for the PS3. These games include Need for Speed, Madden NFL 16, Call of Duty, and Grand Theft Auto 5. What I am basically saying is that I have many years of experience with violent video games, but I have never been in a situation to where I thought it would make me more aggressive toward anyone. If anything I calmed me down. After a long day at work or even after a small ar gument with my girlfriend I would go to my room and play my games, it was a stress reliever for me. I have never been in any fights nor have I been arrested for any violence in my life. According to Cheryl Olson, Lawrence Kutner, and Dorothy Warner, â€Å"Playing violent video games reduces violence in adolescent boys by serving as a substitute for rough and tumble play. Playing violent video games allows adolescent boys to express aggression and establish status in the peer group without causingShow MoreRelatedReal World Violence And Video Games1513 Words   |  7 PagesReal-World Violence and Video Games From news outlets, to politicians, to parents: when tragedies occur they place the blame on many different sources. After the Sandy Hook shooting, media networks fiercely debated whether or not video games played a part in the shooter’s motives, as he had played games from the notorious Grand Theft Auto series prior to the shooting. Some even suggested banning video games outright, despite the fact that other mediums that can portray violence, such as moviesRead MoreThe Effect of Video Game Violence on Physiological Desensitization to Real-life Violence2765 Words   |  12 Pageschildren who play video games for many hours daily. Addiction controls life of people, there is addiction to drugs, cigarettes, alcohol or gambling, and there are some forms of addiction associated with modern life, such as Internet and video games. Most people think that video games are harmful and waste of time. As a result, the main question of the research is how video games can influence on children and many minor questions come to mind about video games: Do video games influence a child’sRead MoreDo Violent Video Games Affect Real World Aggression And Violence?1727 Words   |  7 PagesDo violent video games influence real world aggression and violence, among other harmful behaviors, within children and young teens? 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This paper willRead MoreNegative Effects Of Violent Video Games712 Words   |  3 PagesHave you heard? Many people are debating whether or not Violent Video Games cause kids to be aggressive and violent. While others, like myself agree violent video games aren’t the problem of violence, real-life violence is. And therefore, you should to why, because Violent Video games allow kids especially boys to let out anger and relax themselves from emotions. It also helps entertain kids. And creates less real-world aggression. Kids already know the difference between virtual and reality byRead More Video Games Violence Essay1580 Words   |  7 Pagesplayed video games once in their lives. There are various genres and types of video games such as action, first person shooters, adventure, education, role-playing, strategy, and many more. 89% of video games contain some violent content (Slife, 2008). 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New York Police Department Recruitment And Challenges Free Essays

string(113) " highly tempted to go for the least expensive item and it is common sense that least expensive is least quality\." Some of this is funny†¦most of it, if accurate, is outrageous. While some of the latter is verifiable, it is difficult to sort out just how much is simply sour grapes and whining because 40 miles to the East, Suffolk Country MOS have a huge contract. New York Police Department cannot get enough applicants to give a test for Police officers 88% of Port Authority Police Department Academy graduates are from New York Police Department cops, 50% of a new class of NYFD class are from New York Police Department. We will write a custom essay sample on New York Police Department Recruitment And Challenges or any similar topic only for you Order Now (Lung Worthy et al, 1986). Introduction The New York City Police (NYPD) has over the last years been known to be the largest municipal police force in the world with a vital primary responsibility to enforce the law and carry out investigations within the five boroughs of the New York City, which include Nassau, Suffolk, Westchester etc. (Fred. M. Rafilson, 2000). NYPD is dedicated to work towards enhancing the quality of life in the city by working in accordance to the constitution. This is achieved through its mission statement, which is â€Å"Enforce the law, preserve the peace, reduce fear and provide for a safe environment†. (Fred. M. Rafilson, 2000). This in result entails to preventing fear and responding to crime. In the United States, NYPD is considered as being the first modern style police department being an array of specialized services. It is contracted and dedicated to offering expertise in technical operations, K-9, diving or marine skills, aviation or helicopter skills, bomb disposal technology, counterterrorism technology, intelligence skills, antigang techniques, narcotics detection, public transportation, control and public housing. The NYPD has extensive crime scene investigations and laboratory resources while not also overlooking their units, which assist with computer crime investigations. (Fred. M. Rafilson, 2000) Recruitment Requirements for NYPD To pace afoot into the NYPD academy, the following requirements are a prerequisite: one must be an United States citizen at the time of application; one must possess a valid high school diploma or an educational equivalent; one must have successfully completed either sixty (60) college credits from a credible college or a university with at least 2.0 GPA or two (2) years full time United States Military Service. (Reaves, Brian A., 1996). However, one could achieve the above qualifications yet be disqualified for admission because of the following factors: – One may have been convicted of an offence, which indicates lack of good moral character, or disposition towards violence or disorder or which is punishable by one or more years of imprisonment; one may have undergone repeated convictions of an offence, which indicates disrespect of the law; one may have been discharged from an employment as a result of poor behavior or inability to adjust to discipline; one may have been discharged in a dishonorable manner from the military service; one may have been convicted of an offence for domestic violence misdemeanor; and lastly, one may have been convicted for committing a felony. (Lung Worthy et al, 1986). A Practical Situation Despite all these requirements and all the theoretical expectations from these special, well-trained and skilled cops a great problem looms in their working circumstances. For any person to work there is always expectations of commensurate benefits from the field of occupation necessary for the daily upkeep of the individual and dependants. The standard of life should also have a direct relationship with the rightful inputs of an individual to the workplace. Future progress should also be projected by the current occupation performance and renumeration. Other workplace related benefits are also very crucial determinants of an employee wellbeing and welfare. All these issues if not properly addressed, will lead to decreased morale, decreased output and poor performance and ultimately high degree of employees’ dropout leading to high turnovers. This is the critical condition facing the NYPD. In 2005, there was a state arbitration and a panel of judges’ decree covering a contract negotiation between NYPD representatives and state representatives, which came up with a pay decrease for new officers. The new outcomes have been discussed here: – On admission, a new hire during training is supposed to earn $25,100 per year. This continues for the next six (6) months. On the completion of the Police Academy, the respective individual becomes entitled to an annual salary increase up to $32,700. To explain this, the state argues that the salaries were adjusted as a result of inflation. In practice these figures are far much low below the living standards of an employed person and they happen to be the lowest pay levels in history for rookie NYPD cops. This was a wrong decision by the jurisdiction of lowering the starting pay for new officers at such a time that the officers are most impressionable and this act seems particularly unwise to majority of the people. The salary plunge is blamed on state arbitrator and is seen as a bad public policy to reduce the starting salary. The union officers argued that the city first suggested lower starting salaries to fund the pay raises and arbitration was taken to because the city refused to negotiate across the table. The conventional wisdom when applied tends to purport an inverse relationship between salary and corruption as witnessed in the jurisdiction such as New Orleans. (Fred. M. Rafilson, 2000). The issue at hand is very crucial towards motivation of workers. A person of proper orientation cannot even dream or think about joining this career, which is devoid of motivation considering that there exists a high degree of risk in this profession. The situation is further compounded by the fact that out of the meangle pays, the respective officer is expected to purchase virtually all of their belongings and personal items. The items include officers’ uniforms and equipment, which one would expect to get from the Academy or employer. Some issues of quality items in this respect it is worth mentioning. Due to the fact of fluctuated pay anybody is highly tempted to go for the least expensive item and it is common sense that least expensive is least quality. You read "New York Police Department Recruitment And Challenges" in category "Essay examples" The practice of officers buying uniforms and equipment for themselves has an outlay that can easily run into thousands of dollars. As a solution, the Municipal Union in 2007 through the Municipal Credit Union began issuing visa credit cards to the Police Academy as a way to borrow the money needed towards the mandatory equipment purchases. Top pay for experienced officers is no better compared with pay of other potential employers. The recommended top pay for an experienced NYPD officer is $59,588 not including overtime payments and other forms of compensation. The major contributor to these problems is the municipal funding agents, which although it has continually funded other city project. The new basketball arena in Brooklyn got an approximate 8.3 acres land, which although it was a part of a forest the administration asserts that this is no land grabbing. For the sake of its development it got a further $100 million. (Kleining John, 1996). The Second Avenue Train line got the full funding agreement with a massive $2.5 bond issues and its work expected to follow within weeks to months. (Kleining John, 1996). The Mayor’s Green Plan is raising quite substantial amount whereby drivers are levied for entering Manhattan at rates of $8 for personal vehicles and $21 for truck operators. Major tugs of war have been evidently available as is the case of the New York Civil Liberties Union (NYCLU), which urged the council members to provide the Civilian Complaint Review Board (CCRB) with adequate funding and to hold it accountable for recent lapses in its performance. NYCLU decried to Mayor Bloomberg’s proposals to cut CCRB funding by $1.2 million eliminating twenty four investigator positions and urged the city council to restore the CCRB’s funding to demand cooperation from NYPD and other agencies involved in the civilian review process. The NYCLU was actively instrumental in the creation of the independent CCRB in the year 2002, and has been an outspoken advocate for a vigorous and independent civilian review system. As part of this effort, the NYCLU has fought CCRB budget cuts year after year and has been highly critical of NYPD efforts to undermine the CCRB’s work. (Kleining John, 1996). Whereas the policy makers and implementers argue that they are in favor of keeping tabs on the people suspected of unlawful activities, they argue that the police should not be scrutinizing law abiding New Yorkers’ activities without regulations. Low pay is driving more and more New York’s finest to leave the job despite ranks being bolstered. Especially in 2005 and 2006, 1,769 officers were reported to quit job before their retirement eligibility. (Kleining John, 1996). The numbers have had a real impact on the streets and city hall does not have the courage to solve the problem. Difficulties Compounding Police Force Issue Some extremely difficult times were experienced in the city brought about by the economic downturn of the 1970. An arson attack particularly plagued Bronx leading to permeability of an atmosphere of lawlessness in the city. In addition, the city’s financial crisis led to a hiring freeze on all city departments including the NYPD from 1976 to 1980. (Eli B. Silverman, 1990). A crack epidemic of late 1980s and early 1990s followed in suit the arson attack, which is believed most certainly led to the city’s homicide rate to soar to an all time higher. A marvelous record of murder, so great that it has yet remained difficult to break in any other US major city, was recorded in 1990. (Eli B. Silverman, 1990). The situation was further complicated by continuous thefts associated with drug addiction increasing became common. Furthermore, on September 11, 2001, twenty-three NYPD officers were killed when the World Trade Centre collapsed due to terrorist attack. More lives were lost that year than any other year in the NYPD’s history. (Eli B. Silverman, 1990). All through history, the NYPD has suffered from numerous allegations of corruption. However, as the many commissions of inquiry convened to inquire about these alleged matters, the results have shown these instances of corruption reflect far greater on the individual’s involved rather than do on a systemic form of corruption. As a matter of fact, the instances of corruption when compared through statistics to the sheer number of the departments as a whole, the NYPD actually has a lower corruption rate than many other departments. Most commissions on corruption blame low morale and chronically low salary as the large contributing factor. As things sour up to such heights it remains questionable as to the destiny and way out for these unlucky officers. Information permeability is in place of existing training and working condition in other departments of equal capacity as the NYPD. Situation Outside NYPD It is crystal clear that in nearby departments’ payments is considerably more ranging from $50,000 for new hires and over $90,000 for experienced officers. Over the last few years hundreds of NYPD city officers have been found to leave for higher paying jobs with other agencies notably the Nassau County Police Department, the Suffolk County Police Department and the Port Authority Police of New York and New Jersey. (Bratton et al, 1998). Discontent over pay issues has become so widespread and so well known that higher paying departments in the lower cost of living areas such as the Rochester New York Police are actively recruiting NYPD officers to join their forces. Large numbers of NYPD officers have also migrated to the New York City Fire Departments where, although the payments are similar to that of NYPD, work schedules are more attractive and they are privileged to have a more amicable relationship with the public. (Bratton et al, 1998). However, the NYPD is not comfortable with the exodus taken by their trained employees. Resources have been used for the training and therefore the exodus is a big loss to NYPD. Employees’ turnover is also a bad influence facing NYPD as a result of this exodus. Therefore, to counteract the exodus, the NYPD is using contract changes to forbid the prior practice of allowing police officers who join the fire department to transfer their seniority for a compensation purposes. With all new firefighters now compelled to begin working at the same starting pay, the number of NYPD officials willing to exit over to the FDNY is likely to fall considerably. (Bratton et al, 1998). Some NYPD officers charge that the department leadership is seeking to stem the flow of officers to other jurisdictions by administrative means. In January 2006, 35 NYPD officers seeking to move to the Port Authority Police sued the NYPD claiming that it was refusing to make their personal records available to Ports Authority Police Department (PAPD) background investigators. The plaintiffs won the injunction at the trial level but the appellate division in January 2007 overturned that ruling and ordered that case to trial. (James T. Hamilton, 2000). For its part, the NYPD claims that its actions are merely in line with the personnel practices of any other employers and that there is no â€Å"stealth† effort to prevent officers from moving elsewhere. Nonetheless, it is a fact that no NYPD officers have been included in the last PAPD Police Academy as a result of the deliberate confinement of their background records by their employer NYPD. Despite these obstacles, there are signs that the exodus from the NYPD may become accelerating. In 2006, 902 officers resigned before eligibility for retirement. The number had been 867 in the previous year (2005) and 635 in the other previous year (2004), which contributes for an attrition rate of around 2%. (James T. Hamilton, 2000). While the Police Commissioner Raymond Kelly insists that the figures compares positively with the turnover rates in private industry, police union officials note that the proper comparison should be with prior years on the NYPD records in past years. For example, in 1991 only 15% officers left early thus recording an attrition rate of less than one half of one percent. (James T. Hamilton, 2000). The unfair state in NYPD has impacted negative picture of the Academy. Recruits and skilled officers are expected to take care of their transport costs. They are also supposed to cater for costs of their duty belts, handcuffs, flashlights etc. whenever they wear out. The cost of maintaining fresh supplies has been uncatered for by the Academy. The supervisors treat recruits and officers like children and the harsh manner of the supervisors create disrespect in the Academy. Recruits are taken for field experience and during the occasion they are given up to supervisory jobs. Due to the frequent turnover some identified officers and recruits are forced to act on supervisory capacity without an extra pay. At the end of it all participation in unions is crippled due to crippled financial status. They are also incapacitated to play meaningful roles in the society and their background society issues are very poor. The potential recruit of NYPD should expect to earn the lowest pay while working in the most dangerous environment in the tri-state area and should also expect picayune disciplinary action with a trial room having nearly 100% conviction rate. Dozens of civilian complaints from criminals and then complaints are investigated by cop hating, democratic club hacks. The recruit should also expect to be a great â€Å"white defendant† seeking publicity, grand-standing district attorney have their life ruined when they make a good faith mistake they become financially destroyed plus their families by paying huge money in legal fees. The cop expects the boss ever behind while executing duties, any civilian complaint with a controversial case falls on the cops shoulders. The supervisors of the cops are ready to protect politicians at the expense of their junior cops. The members of the department above the rank of lieutenant are ready to earn promotion through suppression of their juniors. The NYPD cop members are the most demoralized army group. They give protection to millions of liberal, unappreciative citizens and democratic officers who hate them. The cops are also vilified by phony ministers who command huge sums of government poverty money to aid and assist crime. The cops transcend through six months of training then in disquiets join other police departments leaving their leaders searching for reasons of the exodus. As senior members of NYPD shift to other departments, such as Suffolk County Cop, a vacancy opening leaves a promotion slot quickly. Conclusion The result of poor funding in NYPD is a poor social economic structure. This leads to exit and exodus of those who enter NYPD Academy leading to brain drain and employee turnover. The lack of funding has created a huge salary disparity between NYPD and other same category departments. Any well-qualified person fears any indulgence with NYPD. Although their entry requirements are well outlines, a number of recruits gain entry into the Academy without the possession of valid driving licenses, relevant credentials possibility of suffering some disqualifications creates problems of retention of probationary employees since discontent and lack of motivation is the cause of exodus to a better place. References Bratton, William J. Knobler Peter (1998) Turnaround: How American Top Cops Reversed the Crime Epidemic. New York: Random House. Eli B. Silverman (1990) NYPD Battles Crime: Innovative Strategies in Policing. North Eastern University Press. ISBN-13:978-15555340011. Fred. M. Rafilson (2000) Police Officer Arco; 13th Ed. ISBN-13:978-0028637419. James T. Hamilton (2000) Channeling Violence. Princeton University Press. New Ed. ISBN-13:978-0691070247. Kleining John (1996) The Ethics of Policing. New York, NY: Cambridge University Press. Lung Worthy, Robert H. (1986) The Structure of Police Organizations. New York. Praeger. Reaves, Brian A. (1996) Local Police Departments. Diane Pub Co. ISBN-13:978-0788130076. How to cite New York Police Department Recruitment And Challenges, Essay examples New York Police Department Recruitment and Challenges Free Essays string(124) " anybody is highly tempted to go for the least expensive item and it is common sense that least expensive is least quality\." Thesis Statement Some of this is funny†¦most of it, if accurate, is outrageous. While some of the latter is verifiable, it is difficult to sort out just how much is simply sour grapes and whining because 40 miles to the East, Suffolk Country MOS have a huge contract. New York Police Department cannot get enough applicants to give a test for Police officers 88% of Port Authority Police Department Academy graduates are from New York Police Department cops, 50% of a new class of NYFD class are from New York Police Department. We will write a custom essay sample on New York Police Department Recruitment and Challenges or any similar topic only for you Order Now (Lung Worthy et al, 1986). Introduction The New York City Police (NYPD) has over the last years been known to be the largest municipal police force in the world with a vital primary responsibility to enforce the law and carry out investigations within the five boroughs of the New York City, which include Nassau, Suffolk, Westchester etc. (Fred. M. Rafilson, 2000). NYPD is dedicated to work towards enhancing the quality of life in the city by working in accordance to the constitution. This is achieved through its mission statement, which is â€Å"Enforce the law, preserve the peace, reduce fear and provide for a safe environment†. (Fred. M. Rafilson, 2000). This in result entails to preventing fear and responding to crime. In the United States, NYPD is considered as being the first modern style police department being an array of specialized services. It is contracted and dedicated to offering expertise in technical operations, K-9, diving or marine skills, aviation or helicopter skills, bomb disposal technology, counterterrorism technology, intelligence skills, antigang techniques, narcotics detection, public transportation, control and public housing. The NYPD has extensive crime scene investigations and laboratory resources while not also overlooking their units, which assist with computer crime investigations. (Fred. M. Rafilson, 2000) Recruitment Requirements for NYPD To pace afoot into the NYPD academy, the following requirements are a prerequisite: one must be an United States citizen at the time of application; one must possess a valid high school diploma or an educational equivalent; one must have successfully completed either sixty (60) college credits from a credible college or a university with at least 2.0 GPA or two (2) years full time United States Military Service. (Reaves, Brian A., 1996). However, one could achieve the above qualifications yet be disqualified for admission because of the following factors: – One may have been convicted of an offence, which indicates lack of good moral character, or disposition towards violence or disorder or which is punishable by one or more years of imprisonment; one may have undergone repeated convictions of an offence, which indicates disrespect of the law; one may have been discharged from an employment as a result of poor behavior or inability to adjust to discipline; one may have been discharged in a dishonorable manner from the military service; one may have been convicted of an offence for domestic violence misdemeanor; and lastly, one may have been convicted for committing a felony. (Lung Worthy et al, 1986). A Practical Situation Despite all these requirements and all the theoretical expectations from these special, well-trained and skilled cops a great problem looms in their working circumstances. For any person to work there is always expectations of commensurate benefits from the field of occupation necessary for the daily upkeep of the individual and dependants. The standard of life should also have a direct relationship with the rightful inputs of an individual to the workplace. Future progress should also be projected by the current occupation performance and renumeration. Other workplace related benefits are also very crucial determinants of an employee wellbeing and welfare. All these issues if not properly addressed, will lead to decreased morale, decreased output and poor performance and ultimately high degree of employees’ dropout leading to high turnovers. This is the critical condition facing the NYPD. In 2005, there was a state arbitration and a panel of judges’ decree covering a contract negotiation between NYPD representatives and state representatives, which came up with a pay decrease for new officers. The new outcomes have been discussed here: – On admission, a new hire during training is supposed to earn $25,100 per year. This continues for the next six (6) months. On the completion of the Police Academy, the respective individual becomes entitled to an annual salary increase up to $32,700. To explain this, the state argues that the salaries were adjusted as a result of inflation. In practice these figures are far much low below the living standards of an employed person and they happen to be the lowest pay levels in history for rookie NYPD cops. This was a wrong decision by the jurisdiction of lowering the starting pay for new officers at such a time that the officers are most impressionable and this act seems particularly unwise to majority of the people. The salary plunge is blamed on state arbitrator and is seen as a bad public policy to reduce the starting salary. The union officers argued that the city first suggested lower starting salaries to fund the pay raises and arbitration was taken to because the city refused to negotiate across the table. The conventional wisdom when applied tends to purport an inverse relationship between salary and corruption as witnessed in the jurisdiction such as New Orleans. (Fred. M. Rafilson, 2000). The issue at hand is very crucial towards motivation of workers. A person of proper orientation cannot even dream or think about joining this career, which is devoid of motivation considering that there exists a high degree of risk in this profession. The situation is further compounded by the fact that out of the meangle pays, the respective officer is expected to purchase virtually all of their belongings and personal items. The items include officers’ uniforms and equipment, which one would expect to get from the Academy or employer. Some issues of quality items in this respect it is worth mentioning. Due to the fact of fluctuated pay anybody is highly tempted to go for the least expensive item and it is common sense that least expensive is least quality. You read "New York Police Department Recruitment and Challenges" in category "Essay examples" The practice of officers buying uniforms and equipment for themselves has an outlay that can easily run into thousands of dollars. As a solution, the Municipal Union in 2007 through the Municipal Credit Union began issuing visa credit cards to the Police Academy as a way to borrow the money needed towards the mandatory equipment purchases. Top pay for experienced officers is no better compared with pay of other potential employers. The recommended top pay for an experienced NYPD officer is $59,588 not including overtime payments and other forms of compensation. The major contributor to these problems is the municipal funding agents, which although it has continually funded other city project. The new basketball arena in Brooklyn got an approximate 8.3 acres land, which although it was a part of a forest the administration asserts that this is no land grabbing. For the sake of its development it got a further $100 million. (Kleining John, 1996). The Second Avenue Train line got the full funding agreement with a massive $2.5 bond issues and its work expected to follow within weeks to months. (Kleining John, 1996). The Mayor’s Green Plan is raising quite substantial amount whereby drivers are levied for entering Manhattan at rates of $8 for personal vehicles and $21 for truck operators. Major tugs of war have been evidently available as is the case of the New York Civil Liberties Union (NYCLU), which urged the council members to provide the Civilian Complaint Review Board (CCRB) with adequate funding and to hold it accountable for recent lapses in its performance. NYCLU decried to Mayor Bloomberg’s proposals to cut CCRB funding by $1.2 million eliminating twenty four investigator positions and urged the city council to restore the CCRB’s funding to demand cooperation from NYPD and other agencies involved in the civilian review process. The NYCLU was actively instrumental in the creation of the independent CCRB in the year 2002, and has been an outspoken advocate for a vigorous and independent civilian review system. As part of this effort, the NYCLU has fought CCRB budget cuts year after year and has been highly critical of NYPD efforts to undermine the CCRB’s work. (Kleining John, 1996). Whereas the policy makers and implementers argue that they are in favor of keeping tabs on the people suspected of unlawful activities, they argue that the police should not be scrutinizing law abiding New Yorkers’ activities without regulations. Low pay is driving more and more New York’s finest to leave the job despite ranks being bolstered. Especially in 2005 and 2006, 1,769 officers were reported to quit job before their retirement eligibility. (Kleining John, 1996). The numbers have had a real impact on the streets and city hall does not have the courage to solve the problem. Difficulties Compounding Police Force Issue Some extremely difficult times were experienced in the city brought about by the economic downturn of the 1970. An arson attack particularly plagued Bronx leading to permeability of an atmosphere of lawlessness in the city. In addition, the city’s financial crisis led to a hiring freeze on all city departments including the NYPD from 1976 to 1980. (Eli B. Silverman, 1990). A crack epidemic of late 1980s and early 1990s followed in suit the arson attack, which is believed most certainly led to the city’s homicide rate to soar to an all time higher. A marvelous record of murder, so great that it has yet remained difficult to break in any other US major city, was recorded in 1990. (Eli B. Silverman, 1990). The situation was further complicated by continuous thefts associated with drug addiction increasing became common. Furthermore, on September 11, 2001, twenty-three NYPD officers were killed when the World Trade Centre collapsed due to terrorist attack. More lives were lost that year than any other year in the NYPD’s history. (Eli B. Silverman, 1990). All through history, the NYPD has suffered from numerous allegations of corruption. However, as the many commissions of inquiry convened to inquire about these alleged matters, the results have shown these instances of corruption reflect far greater on the individual’s involved rather than do on a systemic form of corruption. As a matter of fact, the instances of corruption when compared through statistics to the sheer number of the departments as a whole, the NYPD actually has a lower corruption rate than many other departments. Most commissions on corruption blame low morale and chronically low salary as the large contributing factor. As things sour up to such heights it remains questionable as to the destiny and way out for these unlucky officers. Information permeability is in place of existing training and working condition in other departments of equal capacity as the NYPD. Situation Outside NYPD It is crystal clear that in nearby departments’ payments is considerably more ranging from $50,000 for new hires and over $90,000 for experienced officers. Over the last few years hundreds of NYPD city officers have been found to leave for higher paying jobs with other agencies notably the Nassau County Police Department, the Suffolk County Police Department and the Port Authority Police of New York and New Jersey. (Bratton et al, 1998). Discontent over pay issues has become so widespread and so well known that higher paying departments in the lower cost of living areas such as the Rochester New York Police are actively recruiting NYPD officers to join their forces. Large numbers of NYPD officers have also migrated to the New York City Fire Departments where, although the payments are similar to that of NYPD, work schedules are more attractive and they are privileged to have a more amicable relationship with the public. (Bratton et al, 1998). However, the NYPD is not comfortable with the exodus taken by their trained employees. Resources have been used for the training and therefore the exodus is a big loss to NYPD. Employees’ turnover is also a bad influence facing NYPD as a result of this exodus. Therefore, to counteract the exodus, the NYPD is using contract changes to forbid the prior practice of allowing police officers who join the fire department to transfer their seniority for a compensation purposes. With all new firefighters now compelled to begin working at the same starting pay, the number of NYPD officials willing to exit over to the FDNY is likely to fall considerably. (Bratton et al, 1998). Some NYPD officers charge that the department leadership is seeking to stem the flow of officers to other jurisdictions by administrative means. In January 2006, 35 NYPD officers seeking to move to the Port Authority Police sued the NYPD claiming that it was refusing to make their personal records available to Ports Authority Police Department (PAPD) background investigators. The plaintiffs won the injunction at the trial level but the appellate division in January 2007 overturned that ruling and ordered that case to trial. (James T. Hamilton, 2000). For its part, the NYPD claims that its actions are merely in line with the personnel practices of any other employers and that there is no â€Å"stealth† effort to prevent officers from moving elsewhere. Nonetheless, it is a fact that no NYPD officers have been included in the last PAPD Police Academy as a result of the deliberate confinement of their background records by their employer NYPD. Despite these obstacles, there are signs that the exodus from the NYPD may become accelerating. In 2006, 902 officers resigned before eligibility for retirement. The number had been 867 in the previous year (2005) and 635 in the other previous year (2004), which contributes for an attrition rate of around 2%. (James T. Hamilton, 2000). While the Police Commissioner Raymond Kelly insists that the figures compares positively with the turnover rates in private industry, police union officials note that the proper comparison should be with prior years on the NYPD records in past years. For example, in 1991 only 15% officers left early thus recording an attrition rate of less than one half of one percent. (James T. Hamilton, 2000). The unfair state in NYPD has impacted negative picture of the Academy. Recruits and skilled officers are expected to take care of their transport costs. They are also supposed to cater for costs of their duty belts, handcuffs, flashlights etc. whenever they wear out. The cost of maintaining fresh supplies has been uncatered for by the Academy. The supervisors treat recruits and officers like children and the harsh manner of the supervisors create disrespect in the Academy. Recruits are taken for field experience and during the occasion they are given up to supervisory jobs. Due to the frequent turnover some identified officers and recruits are forced to act on supervisory capacity without an extra pay. At the end of it all participation in unions is crippled due to crippled financial status. They are also incapacitated to play meaningful roles in the society and their background society issues are very poor. The potential recruit of NYPD should expect to earn the lowest pay while working in the most dangerous environment in the tri-state area and should also expect picayune disciplinary action with a trial room having nearly 100% conviction rate. Dozens of civilian complaints from criminals and then complaints are investigated by cop hating, democratic club hacks. The recruit should also expect to be a great â€Å"white defendant† seeking publicity, grand-standing district attorney have their life ruined when they make a good faith mistake they become financially destroyed plus their families by paying huge money in legal fees. The cop expects the boss ever behind while executing duties, any civilian complaint with a controversial case falls on the cops shoulders. The supervisors of the cops are ready to protect politicians at the expense of their junior cops. The members of the department above the rank of lieutenant are ready to earn promotion through suppression of their juniors. The NYPD cop members are the most demoralized army group. They give protection to millions of liberal, unappreciative citizens and democratic officers who hate them. The cops are also vilified by phony ministers who command huge sums of government poverty money to aid and assist crime. The cops transcend through six months of training then in disquiets join other police departments leaving their leaders searching for reasons of the exodus. As senior members of NYPD shift to other departments, such as Suffolk County Cop, a vacancy opening leaves a promotion slot quickly. Conclusion The result of poor funding in NYPD is a poor social economic structure. This leads to exit and exodus of those who enter NYPD Academy leading to brain drain and employee turnover. The lack of funding has created a huge salary disparity between NYPD and other same category departments. Any well-qualified person fears any indulgence with NYPD. Although their entry requirements are well outlines, a number of recruits gain entry into the Academy without the possession of valid driving licenses, relevant credentials possibility of suffering some disqualifications creates problems of retention of probationary employees since discontent and lack of motivation is the cause of exodus to a better place. References Bratton, William J. Knobler Peter (1998) Turnaround: How American Top Cops Reversed the Crime Epidemic. New York: Random House. Eli B. Silverman (1990) NYPD Battles Crime: Innovative Strategies in Policing. North Eastern University Press. ISBN-13:978-15555340011. Fred. M. Rafilson (2000) Police Officer Arco; 13th Ed. ISBN-13:978-0028637419. James T. Hamilton (2000) Channeling Violence. Princeton University Press. New Ed. ISBN-13:978-0691070247. Kleining John (1996) The Ethics of Policing. New York, NY: Cambridge University Press. Lung Worthy, Robert H. (1986) The Structure of Police Organizations. New York. Praeger. Reaves, Brian A. (1996) Local Police Departments. Diane Pub Co. ISBN-13:978-0788130076. How to cite New York Police Department Recruitment and Challenges, Essay examples

Amazing Grace Essay Example For Students

Amazing Grace Essay Amazing Grace, by Jonathan Kozol, is about the authors interviews with, and thoughts about, some of the poorest people who live in the poorest sections of New York. The facts stated in Amazing Grace startled me with the prevalence and desperation of the poverty situation in areas like the South Bronx and Mott Haven. These are areas where there are hundreds of thousands of people living in broken, crowded, and rundown apartment buildings, That, says Kozol, most people would not even kennel their dogs in. pg. 51 I have been to areas near my home that I thought were poverty stricken, but they pale in comparison to some of the situations that I read about in Amazing Grace. On the very first page I was surprised by the fact that, In 1991, the median household income of the area, according to the New York Times, was 7,600 dollars. pg. 1 I was amazed that a family of three or four could sustain themselves on such a small income I make more than that and could not even come close to supporting myself, then, as I read about the conditions that they live in I realized how they did it. Without luxury! The number of buildings that are rat infested, have faulty wiring, bad elevator doors, and broken staircases are incredible. If you were to put animals in housing like that you would have all kinds of rights activists on your back for being inhumane, yet we house people there. Why? Because they are poor and not white is the only reason I can think of. After the people are put into the housing in those neighborhoods, they are even further broken down by the poor services given to them. For instance, hospitals who have employees with cards saying not to take them in an emergency to the hospital where they work and schools that are so small and have so many students that they have to hold classes in the hallways and bathrooms. They are furthermore burdened by a Police force that when called for a burglary, shows up three hours later saying, The truth is, when your call came in three hours ago, a number of us heard it but we all knew the address and no one wanted to respond because nobody wants to come here to this building. Everyone is scared. I was shocked that someone in that profession would say that so easily, as if it were expected behavior. One question the book poses is How does a nation deal with those whom it has cursed. A start would be to cut some of the funding that is used to help foreign Countrys until we help our own. Use that money to create jobs, after school programs and more drug rehab centers, clean up the hospitals and build better schools so that these people at least have a fighting chance to better their lives and contribute positively to society. The list of things that are horribly  wrong in these neighborhoods is virtually endless and the interviews in Amazing Grace only touch the surface of them. As members of the working, middle, and upper class, we need to change the way the poor are seen. As long as the poor remain repressed and regarded as inferiors, we can not make a change for the better and we will continue to have the same problems we have now, only they will escalate even further, as they have been doing for longer than I can remember.