Category: Questions and Answers

Q & A

From Florida:Question: Is the attorney-client privilege waived if an officer communi­cates with a private attorney using an agency email system in which there is no reasonable expectation of privacy by

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Q & A

From Michigan:Question: Our Department is attempting to implement into our Firearms Standards Policy the following: “All officers carrying privately-owned firearms off duty must complete a Request for Authorized Firearm Form.

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Q & A

From Illinois:Question: In regard to USERRA, can an officer who is on Orders have their probationary period for work extended to cover the leave time? All officers have an 18-month

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Q & A

From Rhode Island:Question: Are there any good resources (policies or cases) dealing with the issue of legalized recreational marijuana and police in terms of any departments that have proposed restrictions

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Q & A

From Illinois:Question: Several years ago the City bargained for random drug testing of police officers. The contract states: “Employees covered by this Agreement shall be subject to random drug testing,

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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

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Q & A

From Michigan:Question: I just finished listening to this month’s podcast. At the end of the podcast, you talked about what if the sergeant had no supervisory responsibilities over the employee

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Q & A

From Washington:Question: What is your understanding of case laws and court rulings regarding physical fitness tests? Can a department require them? Can punishment be handed out for failure to meet

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Q & A

From Michigan:Question: How long can an arbitration decision in one case, be used as a precedent in another similar case within the same agency? For instance, 12 years ago an

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Q & A

From New Jersey:Question: What impact issues are negotiable in regards to body worn cameras? Answer: The answer varies a bit from state to state, but the following “impacts” or “effects” are

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Q & A

From Washington:Question: If a state can’t balance their budget, can they take from state employee (police) pensions? Can police officers lose our pensions for a state’s financial disparity? Answer: Federal

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Q & A

From New York:Question: I have a union member that took a voluntary demotion due to some misconduct. The settlement agreement which was signed does not indicate a de­duction or reduced

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Q & A

From Washington:Question: Would you be willing to comment on a situation regarding sick leave? Our CBA is silent on the issue of using sick leave extending beyond three consecutive days.

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Q & A

From Washington:Question: Can an employer mandate/require an officer to get the COVID-19 vaccine to continue working? Do you see guilds/unions challenging this and how do you see courts ruling? Answer:

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Q & A

From New Jersey:Question: Can an employer mandate COVID-19 testing twice a week for some of its employees? And can they take a person’s saliva? Is this legal? Couldn’t they then

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Q & A

From Illinois:Question: We are updating our tattoo policy and I have been researching any cases that address covering of off-duty tattoos that are offensive, due to being gang-related, sexually suggestive,

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Q & A

From Arizona:Question: I was wondering if you had any case law specific to masks and religion or anything you could point me to that predates the pandemic? Any help would

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Q&A

From Louisiana:Question: During an IA investigation, an employee asked for a meeting with his union representative. At this meeting, the employee admitted fault to the policy he is being written

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Q&A

From Florida:Question: I have a question regarding the City of Tampa’s practice of temporarily rescheduling a police officer’s work schedule in order to staff a city-sponsored special event such as

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Q & A

From New Jersey:Question: As a member of the FOP executive board, my deputy chief told me he is going to change a practice that involves our detectives. Although he did

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Q & A

From Washington:Question: Can a patrol squad sergeant institute a DUI arrest competition among the officers of his/her squad and then compel the “losing officer” to purchase dinner or breakfast for

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Q & A

From FloridaQuestion: Does being informed that the employee is a witness in an investigation negate the witness from asking for representation under Weingarten? He reasonably believed that as a witness,

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Q & A

From OklahomaQuestion: I work for a municipal law enforcement agency in Oklahoma. Nothing in the FLSA relieves employers from their contractual obligations under a collective bargaining agreement. My employer has

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Q & A

From New Mexico Question: Where in the FLSA does it say that work hours can’t be adjusted to avoid the payment of overtime? Answer: The FLSA’s rules are pretty specific.

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Q & A

From Iowa Question: Do Garrity rights apply during an internal investigation (administrative investigation) for police officers who are not the subject of the investigation but may merely be witnesses? For

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