Q & A

From New Jersey:Question: What impact issues are negotiable in regards to body worn cameras? Answer: The answer varies a bit from state to state, but the following “impacts” or “effects” are generally thought to be negotiable: (1) Pre-statement review of video; (2) whether supervisors can routinely review videos for evidence of misconduct (sometimes referred to as […]

Firefighter Must Follow Union’s Bylaws Before Filing Fair Representation Claim

Augustine Eddy was a firefighter with the Pascoag Fire District in Rhode Island and was a member of Local 4908 of the International Association of Firefighters. In 2016, Eddy’s job performance was such that the District presented him with a plan for remedial training to address complaints from his partner regarding his job performance. Eddy […]

Seizure Of CO’s Personal Guns Does Not Violate Law

Andre Anderson is a Corrections Officer with the New York City Department of Corrections (DOC). On July 25, 2020, Anderson was driving home when he was rear-ended by another motorist who fled the accident scene when Anderson insisted that they exchange insurance information. Anderson pursued the occupants of the departing vehicle, first by car and then on foot, eventually drawing his […]

Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract

While its collective bargaining agreement was in effect, the Multnomah County Corrections Deputy Association demanded to bargain over “mandatory safety issues.” When the County refused to negotiate, the Association filed an unfair labor practice complaint contending a breach of the obligation to bargain in good faith. The County took the position that it had no […]

Deputy Sheriffs As Political Appointees, With No Job Rights

It may surprise to learn that in some parts of the country, deputy sheriffs are treated as political appointees who can be hired or fired at the discretion of the sheriff. Many federal courts forbid the practice, but as a group of deputy sheriffs for the Christian County Sheriff’s Office learned, the federal Eighth Circuit Court of Appeals approves of […]

Temporary Loss Of Awareness Due To PTSD Not Covered By ADA

Michael Holliday served eight years in the Marine Corps and was honorably discharged in 2003. He served one combat tour in Iraq and Kuwait in 2003. Holliday was diagnosed with PTSD in the summer of 2017. On December 16, 2017, while employed by the Orleans Parish Sheriff’s Office (OPSO) in Louisiana as a Lieutenant, Holliday’s neighbor Nihaya Mansour – who had […]

‘Do Not Call’ List Subject To Public Disclosure

On December 3, 2019, Marilyn Mosby, the State Attorney for Baltimore, publicly informed members of the State Commission to Restore Trust in Policing that her office maintained a list of 305 officers with what she described as “credibility issues.” Mosby believed that these officers had, in some way, compromised their credibility such that Mosby determined […]

Failure To Include Video, Photos In Record Results In Termination Being Upheld

Sheila Kalina was a deputy sheriff for Cook County, Illinois. The Sheriff charged Kalina and three other deputy sheriffs with various infractions of departmental rules arising out of an incident where two male prisoners sexually assaulted a female prisoner. Kalina, who was working in the Markham courthouse, was charged with improperly allowing the male prisoners […]

Court Turns Down Vaccination Challenge From LAPD Officers

A group of 13 Los Angeles Police Department employees sued the City in federal court, contending the City’s COVID-19 vaccine mandate violated their federal and state civil rights. The employees sought a preliminary injunction holding the mandate in abeyance pending completion of the litigation. The City responded by filing a motion to dismiss the entire lawsuit. A federal court trial judge agreed with […]

Effects Of Mandatory Psychological Exam Negotiable

In 2016, the police chief of the City of Newton, Massachusetts noted that a captain (unnamed in the Court’s opinion) had recently taken an unusually high number of personal days following recent deaths in his family and a personal injury not related to his work. Th­e Chief believed that the Captain “seemed to be a […]

LAPD Officers Lose Job Pokémon Go

A case involving the termination of two Los Angeles Police Department officers contains one of the more unusual fact patterns in any reported police discipline case. Louis Lozano and Eric Mitchell were working as partners on Saturday, April 15, 2017, assigned to a foot patrol beat. Their primary responsibilities included providing community services and addressing […]

Arbitrator Upholds Lieutenant’s Termination For January 6 Charges

Roxanne Mathai was a lieutenant with the Bexar County Sheriff’s Office in Texas. Mathai maintained a Facebook page that had photos of her in her Sheriff’s Office uniform. On January 7, 2021, the Sheriff’s Office learned from Mathai’s Facebook page that she had participated in the events at the Capitol on January 6. Mathai posted […]