The Rights Of Police Officers

9:00 am | Introduction And Recent Developments In Law Enforcement Labor Issues

Recent developments from around the country in the area of public safety labor relations.

Recent court decisions and laws enacted by Congress. The status of the national collective bargaining bill.
Discussion of significant changes in the law in the areas of First Amendment protection, the FMLA, physical fitness plans, sexual discrimination and harassment, the Garrity rule, the Weingarten rule, and affirmative action.
A review of national trends on wages and benefits; the evolution of police-fire parity.

Will Aitchison

10:00 am | Basic Principles Of Constitutional Rights

The constitutional rights that are most frequently implicated by law enforcement personnel decisions.
The “hierarchy” of constitutional rights. Which rights are more likely to be protected, and which have less protections.
The relationship between state and federal constitutional rights.
A case in point – the First Amendment’s freedom of religion and the law enforcement workplace.

Will Aitchison

1:00 pm | The Garrity Rule And The Right To Representation

How Garrity v. New Jersey applies in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.
The right to representation under Weingarten v. NLRB. Whether “witnesses” have the right to representation in internal affairs interviews. What the union representative can say and do when representing a member.

Will Aitchison

2:30 pm | Just Cause For Discipline

A review of the 12 tests for just cause for disciplinary action.
Progressive discipline, mitigating circumstances, and the employer’s burden of proof in discipline cases.
The need for clarity in an employer’s rules.
The “disparate treatment” defense, and the relevance of past practice in similar cases.

Will Aitchison

9:00 am | The Fair Labor Standards Act

A review of FLSA litigation involving numerous law enforcement agencies.
Canine programs.
Calculation of the overtime rate.
How the Department of Labor’s new rules change the standards as to whether supervisors are excluded from FLSA coverage.
Liability for standby and on-call status.
Compensation for off-duty training.
The status of time worked in a police academy.

Mark Miller

1:00 pm | Collective Bargaining

The topics which are mandatory for negotiation.
Strategies and tactics for negotiations: How to prepare, the composition of the bargaining team, and the development of negotiation themes.
The duty of fair representation.
The rights of non-members.
Unfair labor practices.
Discrimination on the basis of union activity.

Robert Klausner

8:30 am | Freedom Of Speech And The Right To Privacy

A police officer’s freedom of speech and privacy rights.
A review of the trends with respect to such issues as drug testing, residency rules, sick leave confinement policies, speech criticizing the performance of the department or its supervisors.
Political activities by police officers.

Mark Meyerhoff.

Will Aitchison – Mr. Aitchison is a Portland, Oregon attorney who has, over the course of his career, represented over 100 law enforcement and firefighter labor organizations in five western states. He is a veteran of hundreds of public sector labor negotiations. He received his Doctor of Jurisprudence from Georgetown University Law Center in Washington, D.C. and is the author of several books on public sector labor matters, including The Rights of Law Enforcement Officers (6th Edition), and The Rights of Firefighters (3rd Edition).

Robert Klausner – Mr. Klausner has been engaged in the private practice of law, specializing in the representation of public employee pension funds since 1979. He serves as a consultant on retirement issues to numerous state and local government entities. Since 1987, he has been an adjunct professor of labor and industrial relations at Nova University Center for the Study of Law. Additionally, he teaches employment law in the Graduate School of the N.Y. Institute of Technology Center for Labor and Employment Relations. He holds the degree of juris doctor from the University of Florida College of Law.

Mark Meyerhoff – Mr. Meyerhoff is an attorney in the Los Angeles, California office of Liebert, Cassidy Whitmore. The firm specializes in representing management interests in public sector labor relations. He advises and represents clients in all aspects of employment and labor relations matters, such as discipline and termination arbitrations and hearings, state and federal court actions involving civil rights, Public Safety Officer Procedural Bill of Rights issues, and harassment and discrimination charges. He received his Doctor of Jurisprudence from Loyola Law School.

Mark Miller – Mr. Miller is a partner in a Louisville, Kentucky law firm where his practice is devoted to representing labor organizations in the public and private sectors. He has lectured to thousands of management and labor representatives across the country on FLSA issues and has authored two nationally-circulated handbooks on the requirements of the FLSA. He is a graduate of the University of Louisville School of Law.

The Flamingo Las Vegas
3555 Las Vegas Blvd South
Las Vegas,
702-733-3111 • 800-732-2111

To make arrangements, call the hotel directly and request the group rate for this seminar. Room rates are $99 per night, single or double occupancy. These rates are for the updated GO rooms. For a description of the rooms or to make reservations, go to the Flamingo's web site. A limited number of rooms are available at this rate on Friday and Saturday nights, so book early if you plan to stay over. Reservations must be made by May 10, 2010. Reservations received after this date will be on a space-available basis only and at the prevailing rate. Because of the heavy tourist activity in Las Vegas any time of the year, be sure to make your reservations before May 10!!

P.O.S.T. Certification (Law Enforcement)
Peace Officer Standards and Training (P.O.S.T.) credits may be available on a state-by-state basis. If you would like more information on your state, please contact Seminar Coordinator Debbie Frields at (503) 282-5440 or Debbie@LRIS.com prior to the seminar.

Continuing Legal Education Certification (Attorneys)
LRIS has been approved as a CLE provider by the State Bar of California. This program will qualify for 12.5 hours of MCLE credit by the State Bar of California. If you require certification from any other state, please call Seminar Coordinator Debbie Frields at (503) 282-5440 prior to the seminar.

Submit a CLE request or view CLE status of this seminar.