Florida City Manager Has Ability To Invoke ‘Financial Urgency’ Law

Florida has a “Financial Urgency” statute that allows a public employer to initiate an expedited meet-and-confer process over changes to a collective bargaining agreement. When Miami’s city manager declared a “financial urgency,” the Fraternal Order of Police (FOP), which represents the City’s police officers, sought a declaration from a trial court that under Florida law, […]

How The ADA Has Expanded: A Case In Point

Mickel Hoback was a police officer with the City of Chattanooga, Tennessee. In 2002, Hoback took a brief leave from the Department to enter basic training for the United States Army. Following basic training, Hoback returned to the Department until June 22, 2004, when his National Guard unit was activated and deployed to Iraq. Hoback […]

Court Denies Officer’s Request For 22 Years Of ‘Front Pay’

On May 25, 2012, a jury found that Matthew Weaving, a sergeant with the Hillsboro, Oregon Police Department, had a disability of Attention Deficit Hyperactivity Disorder (ADHD) under the Americans with Disabilities Act and parallel Oregon law. In addition, the jury found that the City failed to reasonably accommodate Weaving’s ADHD and that Weaving was […]

When Is A Canine Care Agreement ‘Reasonable’?

Under the FLSA, the time spent by canine officers off duty caring for and training their police dogs is considered compensable work. The Department of Labor’s regulations have special provisions governing compensation for work performed at home. Section 785.23 of the regulations provides: “It is, of course, difficult to determine the exact hours worked under […]

Release Of Watermelon Video Clip Not Violation Of Officer’s Rights

James Lewis and Wendy Hurley are San Francisco police officers who participated in a series of videos made by fellow SFPD Officer Andrew Cohen. Lewis and Hurley received 360-day suspensions for their actions in what became widely known as “Videogate.” Cohen himself quit the force. Lewis and Hurley acted out several skits in the videos […]

Inadequate Job Description Leads To Reversal Of Termination

Brian Lutz was a police officer employed by the Albany, New York Police Department. In December 2010, his driver’s license was temporarily revoked in connection with charges brought against him for driving while intoxicated. The Department advised Lutz that possession of a valid driver’s license was a minimum qualification for APD police officers and afforded […]

Employer Fails To Terminate Probationary Sergeant In The Right Way, Loses Case

On July 6, 2008, Eddie Hernandez was promoted to the position of sergeant with the Los Angeles Port Police. The promotion entailed a six-month probationary period. At about the same time he was promoted, Hernandez obtained approval to take a family vacation to Lake Tahoe, California beginning December 30, 2008 and ending January 7, 2009. […]

Pregnancy Not A Disability Under The ADA

Barbara Reynolds began working as a police officer for the Suffield, Connecticut Police Department in March 2006. In July 2008, Reynolds requested, and was granted, a medical leave of absence. On July 27, 2008, while Reynolds was on medical leave, Julia Marsh, Reynolds’s sister, called the police one evening while Reynolds was over at her […]

The Limitations Of The ‘Public Policy’ Exception To Arbitration Awards

Most collective bargaining agreements contain grievance procedures that end with arbitration. In the parlance of many contracts, arbitration is “final and binding,” meaning that a party cannot appeal an arbitrator’s decision even if the arbitrator made legal or factual mistakes. There is a limited exception to the finality of arbitration awards, known as the “public […]

Return-To-Work Policy Amounts To Illegal Military Discrimination

By 2002, Brian Petty had reached the rank of sergeant with the Metropolitan Government of Nashville-Davidson County. To supplement his income as a police officer, Petty also moonlighted as a security guard at two local restaurants. In addition to these two positions, Petty served as a member of the Army National Guard. He joined in […]

Toledo, Police Union In Battle Over Who Should Write Parking Tickets

TOLEDO, OH &#8211 The city of Toledo is again fighting a battle on downtown parking ticket enforcement that it surrendered to its police unions nearly two years ago. The Downtown Toledo Parking Authority, under orders from the Bell administration, has resumed writing tickets for vehicles parked illegally downtown — other than those at expired meters. […]

Firefighter’s Union Files Motion To Hold Philadelphia In Contempt Of Court

PHILADELPHIA, PA &#8211 In the next episode of the firefighters’ union vs. Mayor Nutter -the union filed a motion Thursday to hold the city in contempt of court for not implementing its recent arbitration award which included raises. Earlier this month the Nutter administration appealed the award, again, after Common Pleas Court judge Idee C. […]