Arbitrator Agrees With Attorney Hykel That Boston Schools Broke Promise to Negotiate Safety Policy

Boston School Police, despite what the name might suggest, are not armed law enforcement. Although they are charged with protecting the school children and routinely encounter persons carrying dangerous or lethal weapons, Boston School Police carry no weapons.

For many years, School Police Officers were permitted to carry OC Spray, a mild non-lethal weapon that provides some ability to repel physical threats. This device was used sparingly over the years - perhaps only three times in a 15-year period. But, for years, the School Police had no policy governing OC Spray.

The Boston School Committee and the Boston School Police Superior Officers agreed to amend their collective bargaining agreement to provide for a policy. It now required the School Police Chief to develop a policy and training on OC Spray.

In 2013, the Chief confirmed that officers could carry OC Spray and promised to develop a policy in line with Boston Police Department protocols. He trained the School Police Officers in OC Spray. But, despite the clear contract language, the School Superintendent ultimately refused to issue a policy or allow for the use of OC Spray.

Attorney James Hykel argued, on behalf of the School Police Superior Officers, that the Boston Public Schools broke a clear written promise to develop and issue a policy. A neutral arbitrator agreed. He ordered the School Committee to issue a policy on training, issuance and use of OC Spray.