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Advanced Course In Police Discipline 2020

November 18-20, 2020
The Flamingo
Las Vegas, Nevada

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  • AGENDA

    Wednesday, November 18, 2020

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

    • Recent developments from around the country in the area of public safety labor relations, including a review of pending or recent changes in state laws impacting police discipline, the standards for use of force, and peace officer bills of rights.
    • The fitness for duty process, and the impact of federal employment laws on the medical privacy rights of employees.
    • A discussion of recent court decisions impacting the disciplinary system, including constitutional free speech and privacy issues.
    • The national political discussion of police discipline, and the implications for the future.

    Will Aitchison, Attorney at Law, Public Safety Labor Group, LLP;
    Executive Director, LRIS.

    10:30 Just Cause for Discipline and Disciplinary Systems Around The Country

    • How police officers went from being at-will employees to having
    • meaningful job protections.
    • Civil service systems, police discipline boards, and arbitration of
    • discipline.
    • The 12 requirements for just cause for discipline, including progressive
    • discipline, consideration of mitigating circumstances, the implications of training, and proportionality of punishment.
    • The requirements for a thorough investigation and timely processing of
    • complaints, and where and how more unusual disciplinary penalties such as demotion and transfer can be used.
    • The increase in challenges to the binding nature of arbitration decisions.

    Will Aitchison.

    12:00 Lunch (Included in registration)

    1:00 Just Cause For Discipline (cont.)

    2:00 Garrity, Weingarten, Brady and Miranda

    • An officer’s Fifth Amendment Garrity rights, when and how they apply in critical incidents and internal investigations, and the evolving law on the extent of immunity under Garrity.
    • The Weingarten right to representation in disciplinary interviews, how it can apply in settings as varied as drug testing, critical incidents, and witness
    • interviews, and what happens if Weingarten rights are violated.
    • The ever-changing law on the rule in Brady v. Maryland and how it applies to police disciplinary records. How officers get on and get off Brady lists; whether being placed on a Brady list necessarily results in termination, and lawsuits by officers seeking to be removed from Brady lists.
    • How Miranda applies in the law enforcement workplace.

    Will Aitchison.

    4:00 Adjournment

    4:15 Hosted Reception

    Thursday, November 19, 2020

    9:00 Discipline Under A Statewide Or Contractual Peace Officer Bill Of Rights and The Political Pressures Today On Bills Of Rights

    • A panel of management and labor experts will discuss how discipline must be handled under a statewide or contractual public safety officer bill of rights.
    • Using California’s Bill of Rights as a model, the panel will review the requirements of a bill of rights from intake through the investigatory process and culminating with the disposition of a complaint.
    • Miscellaneous rights under a bill of rights, including officer privacy, access to personnel files, and the relationship between a bill of rights and the Brady rule.

    Todd Simonson, Attorney at Law, Sacks, Ricketts & Case LLP.
    Robert Wexler, Attorney at Law, Rains Lucia Stern McPhalle & Silver.

    12:00 Lunch (Included in registration)

    1:00 Body Camera Video And Other Evidence In Disciplinary Investigations

    • The evolution and current status of body camera programs in United States policing. What the evidence is showing about the impact of body cameras on officer safety, the use of force, citizen complaints, and police practices.
    • The different body camera systems, their features, and their pros and cons. The cost of body camera systems, including storage and data processing costs.
    • Policy issues attendant to a body camera program, including public records laws, face-blurring software, officer review of video before giving statements, privacy considerations for citizens and officers, and monitoring of videos for general compliance with departmental rules.
    • The upside and challenges of video evidence.

    Anil Karia, Attorney at Law, Public Safety Labor Group, LLP.

    2:30 Discipline For Social Media Use

    • The evolving standards used to judge off-duty social media and other Internet use by law enforcement officers.
    • When are Facebook postings protected speech under the First Amendment,
    • and how can protections for union activity give protections to comments made
    • on the Internet?
    • The need for clear employer policies on social media use.

    Anil Karia.

    4:00 Adjournment

    Friday, November 20, 2020

    8:30 Anatomy of a Disciplinary Case

    • Using the example of several recently-published high-notoriety police disciplinary cases, a panel of management and labor lawyers will involve seminar attendees in how to assess, prepare, and present disciplinary appeals.
    • How politics plays a significant role in police disciplinary appearances.

    John Becker, Attorney at Law, Sandulli Grace.
    Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff.
    Anil Karia, Moderator.

    11:30 Adjournment


  • HOTEL & TRAVEL

    To make arrangements, use the link on the seminar tab at www.LRIS.com or call the hotel directly and request the group rate for this seminar. A limited number of rooms are available at these rates on Friday and Saturday nights, so book early if you plan to stay over. Reservations must be made by October 28, 2020. Reservations received after this date will be on a space-available basis only and at the prevailing rate.

    The Flamingo
    3555 Las Vegas Blvd. South
    Las Vegas, NV 89109
    Register online or call (702) 733-3111, use Group Code SFGAP0. Room rate Tuesday night is $125, Wednesday and Thursday nights are $72 per night, plus a $35 per room, per night resort fee and 13.38% tax. Rates Friday and Saturday nights are $135 plus resort fee and tax.

    LINQ Hotel
    (Adjacent to The Flamingo)
    3535 Las Vegas Blvd. South
    Las Vegas, NV 89109
    Register online or call (800) 634-6441, use Group Code SQGAP0. Room rates Tuesday through Thursday nights are $79 per night, plus a $35 per room, per night resort fee and 13.38% tax. Rates Friday and Saturday nights are $155 plus resort fee and tax.


  • SPEAKERS

    Will Aitchison
    Mr. Aitchison is a Portland, Oregon attorney who has 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 (7th Edition), and The Rights of Firefighters (4th Edition).

    Benjamin S. Albrecht
    Mr. Albrecht is a Partner with the Columbus firm of Fishel Hass Kim Albrecht LLP. Ben received his law degree from The Ohio State University Moritz College of Law and his Bachelor of Arts degree in History from the University of Chicago. Ben has experience representing public and private employers in all areas of labor and employment including contract negotiations, mediation, conflict resolution, and arbitration, in addition to county and local government law. Along with defending employers in litigation in courts throughout the state, Mr. Albrecht has conducted numerous seminars regarding various issues including ADA, FMLA, FLSA, unlawful discrimination and harassment, and discipline.

    John Becker
    Mr. Becker is a graduate of Northeastern University School of Law, Oberlin College, and Regis High School, John M. Becker has been of a member of the Massachusetts bar since 1994. Before joining Sandulli Grace in 1996, he served as law clerk to Justice Neil L. Lynch of the Massachusetts Supreme Judicial Court. He is currently Of Counsel to the firm, where he continues to practice labor and employment law on behalf of unions and employees.

    Anil Karia
    Mr. Karia is a founding member of the Public Safety Labor Group in Portland, OR. He has been practicing union side labor law since 2009.He specializes in representing law enforcement associations and guilds in Oregon, Washington, and Alaska in all aspects of their labor relations and is general counsel for police associations and guilds of all sizes, including the Portland Police Association. He has bargained many labor agreements and has participated in numerous arbitrations on their behalf. He graduated from Reed College in 1999, and obtained his law degree from the University of Oregon School of Law in 2006.

    Todd Simonson
    Mr. Simonson is a partner of Sacks, Ricketts & Case LLP. Todd represents public and private sector management in all areas of labor and employment law, with an emphasis on matters involving public safety employees. In his more than 15 years of practice, he has successfully defended employers against high-profile discrimination and harassment litigation, prevailed in numerous arbitrations and administrative appeals upholding serious disciplinary action, and enforced management rights through effective collective bargaining.

    Robert Wexler
    Mr. Wexler is a partner in the firm Silver Hadden Silver Wexler + Levine.  He practices all aspects of labor and employment law, with a special emphasis on the unique issues affecting public safety employment relations.  Robert was named a 2011 Southern California SuperLawyer.

     


  • OTHER INFO

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

    Continuing Legal Education certification
    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 Marc Fuller at (503) 282-5440 prior to the seminar.

    Seminar Materials
    Each attendee will receive a handbook containing extensive written materials pertaining to each of the subjects addressed.

    Cancellation Policy
    Reservations may be canceled up to ten days prior to the seminar with a full refund. Cancellations made within ten days are subject to a $150 fee. Substitutions may be made at any time.


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