Letter: Chief explains decision regarding on-duty funeral escorts

Editor’s Note: Bardstown Police Chief Rick McCubbin’s decision to end the practice of having on-duty police officers conduct funeral escorts has led to some misunderstandings of his intent in changing the policy. McCubbin issued the following letter to local media explaining the move.

Aug. 26, 2011

To the editor,

CHIEF RICK MCCUBBIN

I want to take the opportunity to address the recent decision to end ON DUTY funeral escorts. First, like the original article read, we have NOT stopped escorts. The Bardstown Police will provide an escort if one is desired but the officer simply cannot be on the clock. Mr. Calvert’s article highlighted concerns that included lack of personnel, using on duty personnel to provide a private service, and liability. Secondly, though I was aware some time ago that the only two funeral homes that are located within the city limits would be merging and moving out of the city limits, thus making the entire issue of escorts nonexistent, I chose to go ahead and make the necessary changes that were inevitable.

I am aware that my decision was not a popular one. Honestly, it was one that I did not necessarily like myself, but as a chief executive, one that was necessary. I do not base my decisions on over night polling data on what is or is not popular, but based on what is right, what is fair, and what is responsible.

Allow me to back up and explain the escort process.  When a funeral home called dispatch to request an officer, IF enough officers were available, one was sent. If one was not available, the funeral continued on without issue. If an officer was sent but a priority call came in, he or she was pulled away from the escort and the funeral continued on, without issue. As well, if an officer was sent they could only go to the city limits due to being on the clock and responsible for calls within the city. There again, the funeral continued on without issue. As you can glean from this, prior to my policy going in to effect, many times we did not escort funerals to begin with. The ability to obtain an off-duty officer actually has more advantages than the on-duty officer because all of the barriers listed above are removed. The funeral home has the ability to obtain the off-duty officer for the entire procession anywhere in the county, who is guaranteed to be there, without being called away.

Other than not having enough officers on the street to begin with, the other reasons for making changes are the use of on duty officers providing a private detail and liability. No matter how some wish to twist it, a funeral is a private event. Police officers do not and cannot provide private security or traffic control for any private function. For example, all of the festivals held in Bardstown are staffed with off duty officers.

The last reason stated is liability. As chief, I am accountable to be responsible to the city and when an issue of liability exists, I am obligated to advise the city of any potential problems. A city is liable for the actions of their officers while on duty. Though some liability still exists with off duty employment, the liability falls back to, or at least co-exists with, the entity hiring the officer. Though the liability exists, it is limited with off duty officers. Most cities have not only stopped escorts with on duty officers, but some have stopped escorts for off duty as well. I do not agree that we need to push it this far. Some states, Tennessee and Florida for example, do not allow any type of escort.

The approval of an escort is also based on common sense. Obviously under exigent circumstances we will still assist if, for example, a procession is so long that traffic will be completely halted or is determined to be a hazard. Some officers have asked to escort a procession that is a friend or family member or that someone in the community has asked them to do and have been given permission in the event they are requested. These escorts are with off duty or an officer volunteering their time, which any officer may do at any time. A gentleman asked me would we still escort a police officer, firefighter, EMS medic, or a member of our community who dies in the military in the line of duty. These, of course, would fall under the traffic hazard and length issue due to the unusually large procession that occurs when any of these professions loose a member. I told him yes, we would; with off duty officers.

Rick McCubbin
Chief of Police
Bardstown Police Department

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