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As ‘Experience Is The Best Teacher,’ State Can Set Requirements For Sheriff Candidacy

To be elected county sheriff in California, a person must meet certain law enforcement experience and education requirements set forth in the state’s government code. In 2018, local business owner Bruce Boyer filed a candidate application to be placed on the ballot for Ventura County Sheriff in an upcoming primary election, Boyer did not have the experience required by the statute. When the county clerk refused to place his…

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Discipline Outside Of Statutory Time Frames Is ‘An Absolute Nullity’

Kevin Pozzo was a police officer with the New Orleans Police Department. On December 11, 2015, Pozzo and his then-fiancé, Melanie Wilson, who shared a residence, were drinking alcoholic beverages at home, and continued to drink afterward at an acquaintance’s party. Pozzo became upset when he observed Wilson talking with other men. After Pozzo confronted one of the men, Pozzo and Wilson were asked to leave the party. They…

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Miami Allowed To Reduce Wages, Eliminate Benefits, And Modify Pensions

Lodge 20 of the Fraternal Order of Police (FOP) represents Miami’s rank-and-file police officers. On July 28, 2010, while the parties were engaged in negotiations for a successor agreement, the City declared a “financial urgency” and invoked a process set forth in an unusual Florida statute. The statute provides that in the event “of a financial urgency requiring modification of a collective bargaining agreement, the chief executive officer or…

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Florida City Manager Has Ability To Invoke ‘Financial Urgency’ Law

Florida has a “Financial Urgency” statute that allows a public employer to initiate an expedited meet-and-confer process over changes to a collective bargaining agreement. When Miami’s city manager declared a “financial urgency,” the Fraternal Order of Police (FOP), which represents the City’s police officers, sought a declaration from a trial court that under Florida law, only Miami’s City Commission (the equivalent of a city council) had the authority to…

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