The Rights of Police Officers Webinar Series

Register for an individual presentations or the entire webinar series.

Tuesday, November 3, 2020

Sources of the Law

8:30 PST | 11:30 EST | 90 Minutes

  • How a single employment issue can involve federal, state, and local law.
  • Where collective bargaining and bills of rights exist, and the current attacks on both.
  • How the politics of different court systems can lead to a different choice in courts.
  • How issues like drug testing, overtime, sick leave use, internal affairs investigations, and qualified immunity can involve different sources of rights.
  • The basic rule – in cases of conflict between federal, state, and local law, which prevails and under what circumstances?

Will Aitchison.

Police Reform Legislation

11:00 PST | 2:00 EST | 90 Minutes

A thorough review of the types of police reform legislation enacted in 2020. Drawing from police reform measures in California, Colorado, Connecticut, the District of Columbia, Iowa, Minnesota, New York, Nevada, Oregon, and other states, the webinar will cover (among other things):

  • Attacks on “qualified immunity.”
  • Making officers personally liable for damages in civil rights cases.
  • Mandatory bodycams.
  • Use of force restrictions, including limitations or bans on tear gas and different holds, requirements for de-escalation and intervention, and attacks on Graham v. Connor’s reasonableness standard.
  • New criminal penalties and mandatory decertification of officers.
  • Restrictions on binding arbitration.

Will Aitchison.

Wednesday, November 4, 2020

The Garrity Rule and Miranda Doctrines in The Workplace

8:30 PST | 11:30 EST | 90 Minutes

The Garrity and Miranda rules in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.

  • When is a statement considered “compelled” for Garrity purposes? What does it mean that a compelled statement cannot be “used” against an employee?
  • Is an employee in “custody” for Miranda purposes when ordered not to leave the workplace?
  • How Garrity and Miranda interact, and how the Garrity and Lybarger rules relate to each other.

Will Aitchison.

Weingarten and the Right to Representation in Disciplinary Interviews

11:00 PST | 2:00 EST | 90 Minutes

  • The right to representation under the Weingarten rule.
  • Do witnesses have the right to representation in internal affairs interviews?
  • What exactly can the union representative say and do when representing a member?
  • The consequences of a Weingarten violation on discipline.
  • Can a union conduct a concurrent investigation while an internal affairs investigation is ongoing?
  • The validity of “no contact” orders in the Internal Affairs process.

Will Aitchison.

Thursday, November 5, 2020

A Police Officer’s Right to Privacy

8:30 PST | 11:30 EST | 90 Minutes

  • How the right to privacy impacts a variety of issues in the law enforcement workplace.
  • The right to privacy and personal relationships, and memberships in groups.
  • How residency rules, sick leave policies, and fitness-for-duty evaluations can impact privacy rights.
  • Drug testing and the right to privacy.
  • Medical privacy, HIPAA, the ADA, and state laws.
  • COVID-19 protocols and privacy rights.

Will Aitchison.

The FLSA and Law Enforcement Officers

11:00 PST | 2:00 EST | 90 Minutes

  • What is happening with the FLSA? A review of FLSA litigation involving numerous law enforcement agencies. How the FLSA demands the overtime rate be calculated, including the treatment of premium pay, specialty pay, incentive pay, and shift differential.
  • What are “hours worked” that must be compensated under the FLSA, and how the FLSA’s unique comp time system works.

Will Aitchison.

Register for an individual presentations or the entire webinar series.