Q & A

From Oklahoma:Question: Is there a reasonable amount of time the City has to administer discipline? Meaning if an incident took place approximately 11 months ago and they investigated it approximately two weeks after the incident. Normally punishment is rendered within a few weeks to a month (maybe two). This particular discipline was handed down approximately […]

Important To Intervene Early In Discrimination Cases

In 2015, several black firefighters sued the City of St. Louis, alleging that the City structured its 2013 promo­tional tests for the ranks of captain and battalion chief in a way that adversely and disproportionately affected black candidates. The case was settled in 2017, with the settlement changing some aspects of the City’s promotional system. […]

Police Chief Loses Defamation Claims Against Union’s Law Firm

Mark Elbert was the chief of police for Bellevue, Nebraska. Officers in the Police Department are represented by the Bellevue Police Officers Associa­tion (BPOA). Gary Young and the law firm Keating, O’Gara, Nedved & Peter (KONP) represents the BPOA. At a meeting on September 13, 2017, BPOA members discussed Chief Elbert and some of his […]

For Third Time, Newark Told To Bargain Over Drug Testing

The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Newark Police Department. On March 20, 2018, the New Jersey attorney general issued Law Enforcement Direc­tive 2018-02, implementing statewide mandatory random drug testing for all state, county, and municipal law en­forcement agencies and sworn officers. The directive required all state, county, and municipal law […]

Explosive Breacher Training Claim Survives Dismissal

Brian Cunningham was a Layton City firefighter in Utah. Cunningham was paid by Layton City to receive SWAT training conducted by Weber County. As students arrived at the SWAT training, they were required to sign a waiver in which they “unconditionally and irrevocably released and discharged the Ogden Metro SWAT Team and all related organizations […]

Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy

Corrections officers for Cook County, Illinois are represented by the International Brotherhood of Teamsters, Local Union No. 700. In 2017, the Union and Sheriff’s Office agreed on a new Collective Bargaining Agreement intended, at least in part, to address the Sheriff’s Office’s concerns over perceived attendance issues related to employees calling in sick or taking […]

Officer Loses Pension On Conviction Of Wire Fraud

The retirement system for San Francisco police officers is contained in the City’s charter, which created the San Francisco Employees’ Retirement System (SFERS). Under the charter, an individual convicted of a crime involving moral turpitude committed in connection with his or her official duties forfeits all rights to his or her SFERS retirement benefits. Ian […]

Post-Retirement Conduct Can Result In Pension Forfeiture

Paul Mahan was a correction of­ficer for the Suffolk County sheriff’s department in Massachusetts. On August 15, 2000, while attempting to restrain an inmate who was involved in a fight, Mahan severely injured his knee. Mahan’s application for accidental disability retirement was approved by the board for the Boston retirement system. Between January 1, 2006, […]

Can An Officer On FMLA Leave Work A Second Job?

Patrick Lands worked as a police officer at the Raleigh Police Depart­ment from 2008 to 2019. During his employment, Lands was promoted to the rank of detective. In August 2017, Lands’s father was in a serious car ac­cident and Lands asked for permission to take time away from work to care for his father. Lands […]

Waiver Of Bargaining Rights Need Not Be In Writing

The Portland Fire Fighters’ Associ­ation represents firefighters working for the City of Portland, Oregon. During the collective bargaining agreement for the period July 1, 2012, to June 30, 2016, the City realized that deep bud­get cuts were required for the 2013-14 fiscal year, and proposed cuts of $4.4 million from the City’s Fire Bureau. The […]

Officer Had No Expectation Of Privacy In Employer Video Equipment

Scott Kilmer was a police officer for Bells Police Department in Tex­as. On March 11, 2017, Kilmer was working off-duty security at a private wedding venue; he was dressed in his Bells police officer uniform and using his Bells police patrol vehicle. Over the course of the evening, some guests noticed Kilmer placing his foot […]

Union Officers’ Knowledge Can Waive Union’s Right To Bargain

Firefighters for the City of Syra­cuse, New York are represented by the Syracuse Firefighter’s Association. City firefighters undergo employment-relat­ed medical examinations with the Fire Physician for several reasons. These include annual physical examinations, which, for some firefighters, includes a portion on handling hazardous ma­terial, return to work/fitness for duty examinations, sick time certification, and tuberculosis […]

Kentucky Supreme Court: Conversations Between Union And Members Confidential

 On January 11, 2017, Sergeant Armin White of the Louisville Metro Police Department (LMPD) met with his direct supervisor, Lieutenant Donald George, to discuss issues he was experiencing in the workplace. White reported directly to George, but he also had administrative duties under a different lieutenant. White claimed that he was receiving conflicting orders from […]