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First Thursday, April 2021

Facts vs Perception On Race In Policing USA Today Article CUPES Study The Cases: Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021). City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021). Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021)….

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First Thursday, March 2021

Upcoming LRIS webinars, premium podcasts and seminars. The cases: Firefighters, Families Lose Lawsuit Over Fatal House Fire, Speakman v. Williams, 2021 WL 49947 (3rd Cir. 2021). Challenges In Illinois To The ‘Public Policy’ Doctrine, City of Chicago v. Chicago Fire Fighters Union, Local No. 2, Case No. 2019 CH 12662 (Cir. Ct. 2020); City of Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of…

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First Thursday, February 2021

Will talks about the January 6 riot at the Capitol and the following cases: Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021) Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6th Cir. 2020). No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)

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How To Repair Broken Windows

In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular? This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at…

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First Thursday, January 2021

What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question. Cases covered this month: Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020). The High Standard For PTSD Claims In Some States, Angle v….

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First Thursday, December 2020

It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases: Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020). Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7th Cir. 2020). Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill….

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First Thursday, November 2020

Will discusses ballot measures from across the country on police issues. Cases covered: Prosecutor Allowed To Disclose Brady Information To Chief, In re Grand Jury Investigation, 485 Mass. 641 (Mass. 2020). Prosecutor Shielded From Officers’ Suit By Qualified Immunity, Stockdale v. Helper, 2020 WL 6372910 (6th Cir. 2020). Reporting Corruption Not Protected By First Amendment, DeWyse v. Federspiel, 2020 WL 5993092 (6th Cir. 2020). Reprimand Not Sufficiently ‘Adverse’ To…

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First Thursday, October 2020

Announcements: The new edition of our book The Rights of Law Enforcement Officers is now available. 2021 Seminar Schedule LRIS Webinars Cases: When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee, 2020 WL 5747114 (WI.Emp.Rel.Com. 2020). ‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020). Firefighter…

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First Thursday, September 2020

An update on LRIS seminars during COVD-19 The police reform movement Cases: City Stuck With Police Director’s Grievance Resolution, City of Newark, 47 NJPER ¶ 15 (NJ PERC ALJ 2020). Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70, 2020 WL 4804962 (Ohio App. 2020). Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020). EMS…

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First Thursday, August 2020

Protests in Portland, Oregon Social media screening services From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds? Cases: Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police, 2020 IL 124831 (7th Cir. 2020) Contracts And Memoranda Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio…

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Minnesota Police Reform Bill (Corrected)

A previous version of this podcast included the wrong recording. Will discusses Minnesota’s sweeping new police reform billp just passed last night. Sections 1 & 3, Peer Counseling (00:01:20) Section 2, Critical Incident Stress Management Data (00:05:11) Section 4, Critical Incident Stress Management Team Members (00:05:25) Section 5, Independent Use of Force Investigations Unit (00:07:25) Section 6, Residency (00:07:58) Sections 7, 8 & 9 Use of Force (00:08:20) Section…

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First Thursday, July 2020

Covered in this month’s podcast: Labor and employment issues coming out of the pandemic (00:00:43) The police reform movement (00:03:56) Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01) Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2nd Cir. 2020) (00:28:44) The…

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Ten Rules For Police Officer Social Media Posts

Introduction (00:05:43) The Rules Your First Amendment rights are very limited. (00:07:04) Just because something is an Internet meme doesn’t mean you can post it. (00:08:40) Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41) Before posting, ask yourself: if my employer receives a complaint about what I’m going to post, how will it react? If the answer…

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First Thursday, June 2020

Cases covered: ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit, 2020 WL 2505385 (Mich. App. 2020) A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts, 2020 WL 2568536 (Utah 2020) One-Year Membership Period Does Not Violate Janus, Molina v. Pennsylvania Social Service Union, 2020 WL 2306650 (M.D. Pa. 2020) Employer Required To Bargain When State Passes Paid Family And Medical…

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The Challenges Facing Police Unions In Today’s Environment

In this special bonus podcast, Will discusses the recent controversies in policing, how they affect public safety unions and what unions can do to fight the trend. Headlines (00:00:42) Ten things police unions should be thinking about doing (00:05:16) Engage at all levels (00:08:21) Listen (00:10:38) Get your message out (00:12:15) Be proactive (00:20:18) React professionally (00:23:21) Meet with local politicians (00:28:43) Build relationships with other unions (00:29:41) Establish…

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First Thursday, May 2020

Impact of COVID-19 Presumptive Causation Hazardous Duty Pay FFCRA Paid Leave Budget Issues Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders? Are state lockdown orders constitutional? Gibbons v. Ogden Jacobson v. Massachusetts No beard policies and face maskshttps://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/ Different Job Standards Possible For Older And Younger Officers, Melo v. City of Somerville, 2020 WL 1429578 (1st Cir. 2020). Massive Boston PD Medical…

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First Thursday, April 2020

Covered in this month’s podcast: Presumptive causation laws Changes to the California Peace Officer Bill of Rights (California Executive Order N-40-20) Philadelphia’s contract rollover for police officers Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight, 2020 WL 966350 (Vt. 2020) Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630 (Ill. App. 2020)…

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COVID-19 Policy Issues

Will Aitchison presents COVID-19 policy issues in a Q&A format. The questions along with their timestamps are as follows: Is the employer’s policy centralized? In other words, is there a single document that includes all aspects of your policy as opposed to a dozen different documents in a dozen different forms? (00:01:36) Does the employer have a medical professional available on a 24/7 basis? (00:02:40) Has the employer made…

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First Thursday, March 2020

This month’s cases: Firefighters, Facial Hair, The ‘Empty Vessel’ Of Light Duty, And The ‘Driving Calculus of Bureaucracy,’ Bey v. City of New York, 2020 WL 467507 (E.D.N.Y. 2020). Promise Of No Discipline? No Weingarten Rights, Fraternal Order of Transit Police, 51 PPER ¶ 51 (Penn. LRB ALJ 2020) Another Officer Loses A Brady Lawsuit Against A Prosecutor, Latty v. Polk County Sheriff’s Office, 2020 WL 485526 (D. Ore….

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First Thursday, February 2020

Developments with the Plain View Project First Lawsuit Against Plain View Project Is Dismissed, Pace v. Baker-White, 2020 WL 134316 (E.D. Pa. 2020) Firefighter Fired For Refusing Vaccination, Accommodation, Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020). County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019). Romantic Relationships And Sexual Discrimination, Word v. City of Chicago, 2020 WL 57642 (7th Cir….

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First Thursday, January 2020

Will Aitchison discusses the fallout from a photo of Detroit firefighters posing in front of a burned house and the dangers of social media posting for public safety employees. ‘No-Contact’ Order Ruled Illegal, Oakdale Police Officers Association v. City of Oakdale, 44 PERC ¶ 99 (Cal. PERB ALJ 2019) The NLRB Approves Greater Confidentiality in Workplace Investigations The Department of Labor Issues New Rules On Calculating The Regular Rate…

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