When Are Disciplinary Conversations With A City Attorney Privileged?

Jeffrey Dzierbicki was a police officer with the Township of Oscoda, Michigan. In July 2007, Dzierbicki brought a lawsuit against the Township and its Police Chief. While the lawsuit was pending, Dzierbicki engaged in conduct that resulted in a disciplinary investigation by the Department. Since Dzierbicki had litigation pending, the Township’s attorney was brought into the discussion as to whether Dzierbicki should be terminated. The meeting was attended by…

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Employer Required To Disclose Pre-Disciplinary Interviews And Identity Of Witnesses

In October 2004, Local 2898 of the International Association of Fire Fighters, which represents rank-and-file employees of the Seattle Fire Department filed a grievance on behalf of a bargaining unit member alleging that the employer imposed discipline without just cause. The grievance eventually proceeded to arbitration. Prior to the arbitration hearing, Local 2898 requested that the City provide it with full disclosure of the names of all individuals interviewed…

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