November 10-12, 2021
Las Vegas, Nevada
Wednesday, November 10, 2021
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 the 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.
Anil Karia, Attorney at Law, Public Safety Labor Group, LLP.
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.
12:00 Lunch (Included in registration)
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.
Thursday, November 11, 2021
9:00 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.
Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff LLP; and Anil Karia.
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.
Harry Stern, Attorney at Law, Rains Lucia Stern St. Phalle & Silver, PC.
Friday, November 12, 2021
8:30 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.
Steve Shaw, Attorney at Law, Sloan Sakai Yeung & Wong LLP; and Robert Wexler.
- HOTEL & TRAVEL
To make arrangements, visit the hotel’s website or call the hotel directly and request the group rate for this seminar. Reservations must be made by October 20, 2021. Reservations received after this date will be on a space-available basis only and at the prevailing rate.
3900 S Las Vegas Blvd
Las Vegas, NV 89119
Room rates Tuesday and Wednesday nights are $79 per night, plus taxes and fees. Thursday night is $59, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $139, so book early if you plan to stay over the weekend.
Mr. Albrecht is a partner with the Columbus, Ohio firm of Fishel Downey Albrecht & Riepenhoff LLP. He received his law degree from the Ohio State University Moritz College of Law. Ben advises cities, townships, counties, and public officials throughout Ohio on all labor and employment law issues. He represents clients in contract negotiations, mediation, conflict resolution, arbitrations and before various administrative agencies. He has conducted numerous seminars on the topics of unlawful discrimination and harassment, social media, collective bargaining, performance evaluations and discipline.
Mr. Karia is a lawyer with the Public Safety Labor Group in Portland, Oregon. He specializes in representing public safety labor organizations, including the Portland Police Association, in all aspects of their labor relations. He is a graduate of the University of Oregon School of Law.
Steve Shaw is a Partner in the Sacramento office of Sloan Sakai Yeung & Wong LLP, where he represents public agencies in a variety of labor and employment matters, with an emphasis on litigation and employment advice. His practice has a particular emphasis on public safety (police and fire) related matters, including discipline, Brady issues, investigations, compliance with privacy and disclosure obligations, and litigation. Steve graduated from Georgetown University Law Center in 2003, and holds a Bachelor’s Degree from the University of Virginia.
Mr. Stern is the managing partner of the California law firm Rains Lucia Stern St. Phalle Silver. His practice is focused on civil litigation and criminal defense. He has successfully defended peace officers in a number of high-profile trials. He regularly represents peace officers in internal investigations, administrative hearings, coroner’s inquests, grand jury proceedings and related court actions. He is a graduate of the University of San Francisco..
Mr. Wexler is a partner in the California law firm Rains Lucia Stern. For over 20 years he has represented labor associations and their members on all matters relating to contract negotiations, grievances, disciplinary investigations, wage and hour claims, disability rights, and retirement matters. He is a graduate of Southwestern University School of Law.
- OTHER INFO
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 Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com prior to the seminar.
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 contact Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com prior to the seminar.
Registration fees are $795 per person; $695 per person if three or more attend from the same organization. Registration fees include attendance, lunch on the first two days of the seminar, all seminar materials, and a hospitality reception on the first evening.
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.
Each attendee will receive a handbook containing extensive written materials pertaining to each of the subjects addressed.