Best Practices In Public Safety Discipline

Best Practices In Public Safety Discipline:

Speech, Privacy And Off-Duty Conduct

Start

November 13, 2024 9:00 am

End

November 15, 2024 11:30 am

Location

The Paris Hotel
Las Vegas, Nevada

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Wednesday, November 13, 2024

9:00 Introduction And Recent Developments In Public Safety Labor Relations

Recent developments from around the country in public safety labor relations, including:

  • The impact of inflation and recruiting/retention challenges on public safety bargaining.
  • Recent wage and benefit settlements/trends in public safety agencies.
  • Common economic indicators and why they are relevant in public safety bargaining.
  • Artificial intelligence in public safety agencies, and related risks to first responder privacy and job security.
  • Developing legal standards regarding marijuana use by first responders.
  • Recent Supreme Court and federal guidance on discrimination and pregnancy rights.
  • The ever-changing law on the rule in Brady v. Maryland, and how they apply to first responder disciplinary records.

Richard Poulson, Attorney at Law, Willig, Williams & Davidson; Executive Director, LRIS.

12:00 Lunch (Included in registration)

1:00 Development Of Modern Public Safety Disciplinary Systems

  • How police officers, firefighters, and corrections officers went from being at-will employees to having job tenure protections.
  • Development of public safety bargaining rights and application to disciplinary matters.
  • Collective bargaining issues related to discipline: disciplinary standards, codes of conduct, the discipline matrix, disciplinary procedures and the use of technology.
  • The impact of arbitration on public safety discipline, and legal standards governing challenges to arbitration decisions.
  • Statutory approaches to Public Safety Bill of Rights.
  • Statutory attacks and civilian oversight of public safety discipline systems.

Richard Poulson

4:00 Adjournment

4:15 Hosted Reception

Thursday, November 14, 2024

9:00 Investigations, Part 1 – Weingarten Rights And The Investigatory Interview

• What is the Weingarten right to representation in disciplinary interviews?
• When does Weingarten apply, and what happens when Weingarten rights are violated?
• The importance of member education, advice of rights cards, and cell phone apps.
• Different approaches to complainant, non-employee, and employee interviews.

Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff LLP; and Thomas Gribbin, Attorney at Law, Willig, Williams & Davidson.

10:00 Investigations, Part 2 – Garrity Rights And Incrimination

  • A review of Fifth Amendment Garrity rights, including when and how they apply.
  • The differences between administrative and criminal investigations for Garrity purposes.
  • Review the evolving law on the extent of immunity under Garrity.
  • How does Miranda apply in the public safety workplace?

Ben Albrecht & Thomas Gribbin.

11:00 Loudermill Rights, Internal Hearings And Due Process

  • What does Loudermill require? And what happens if the requirements are not met?
  • What constitutes a Loudermill “hearing?” Is it really a hearing?
  • Different approaches to Loudermill hearings – to testify or not?

Ben Albrecht & Thomas Gribbin.

12:00 Lunch (Included in registration)

1:00 Substantive Rights In Discipline: Case Studies In Just Cause

Management and labor attorneys will review substantive aspects of just cause for discipline, including progressive discipline, mitigating circumstances, the implications of training, and proportionality of punishment.

  • Can public safety employees be disciplined for off-duty conduct?
  • Are disciplinary demotions progressive?
  • Why must disciplinary investigations be impartial?
  • What is disparate treatment, and why is it so important in every discipline case?
  • How can workplace training both help and hurt an employer’s case?
  • Your permanent record – how does work history affects discipline matters?
  • Do politics and PR matter in first responder discipline?

Ben Albrecht & Thomas Gribbin.

4:00 Adjournment

Friday, November 15, 2024

8:30 Discipline For Social Media Use And Political Activity

  • Review of evolving standards governing speech, social media and internet use by first responders.
  • What was the Plain View Project, and how did employer discipline related to Plain View withstand scrutiny under just cause and constitutional standards?
  • When are social media posts protected speech under the First Amendment.
  • How can protections for union activity give protect comments made on the internet?
  • How do just cause standards apply in the context of social media discipline. Is it better to sue or to arbitrate?
  • The need for clear employer policies on social media use and the obligation to bargain.

Robert Wexler, Attorney at Law, Rains Lucia Stern St. Phalle & Silver, PC.

11:30 Adjournment

Ben Albrecht

Ben Albrecht

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.

Tom Gribbin

Thomas Gribbin

Mr. Gribbin focuses his practice on the representation of private and public sector labor unions and individual employees. Included among his clients are police, firefighters, and correctional officers. He regularly advocates for clients in grievance and interest arbitrations, mediation, administrative proceedings and before state and federal courts. Tom has a long history of representing clients before the Philadelphia Civil Service Commission (CSC) and the National Labor Relations Board (NLRB). He also appears before the Public Employment Relations Commission (PERC) in New Jersey and the Public Employment Relations Board (PERB) in Delaware. He received his Doctor of Jurisprudence from Duquesne University School of Law.

Richard Poulson

Richard Poulson

Rick Poulson is one of the top public safety union lawyers in the country and a senior partner with the Philadelphia law firm of Willig, Williams & Davidson. The son of a Philadelphia firefighter, Rick has spent his career advocating for police officers, firefighters, paramedics, corrections officers and other public-safety professionals throughout the United States. He earned his B.A. from La Salle University (1992) and his J.D. from the Catholic University of America, Columbus School of Law (1997). Rick also serves as Executive Director of Labor Relations Information System, which provides education and training services for public safety labor relations professionals across the country.

Rob Wexler

Rob Wexler

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.

The Paris and Horseshoe hotels are adjoining properties. The seminar will be held in the Versailles Tower. Visit https://book.passkey.com/go/SBPOL4 to make hotel reservations. There is a $15 charge for reservations made over the phone. Reservations must be made by October 12, 2024. Reservations received after this date will be on a space-available basis only and at the prevailing rate.

The Horseshoe Las Vegas

The Horseshore

3645 Las Vegas Blvd. South
Las Vegas, NV 89109
Room rates Tuesday through Thursday nights are $79 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $169, so book early if you plan to stay over the weekend. Call (877) 603-4390 with group code SBPOL4.

The Paris Las Vegas

The Paris

3655 Las Vegas Blvd. South
Las Vegas, NV 89109
Room rates Tuesday through Thursday nights are $179 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $209, so book early if you plan to stay over the weekend. Call (877) 796-2096 with group code SBPOL4.

Registration fees are $900 per person; $750 per person if three or more attend from the same organization. 

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.

Registration fees include attendance, lunch on the first two days of the seminar, all seminar materials, and a hospitality reception on the first evening.

Each attendee will receive a link to a PDF version of the materials containing extensive information pertaining to each of the subjects addressed.

Seminar handouts will be available for download one week prior to the seminar. If you supplied an email address at the time of registering for the seminar, you will receive an email with reminders and a link to the handouts. If you did not supply an email address, contact LRIS at Claire@LRIS.com to add your email to your registration information.

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 Claire@LRIS.com 30 days prior to the seminar.

If you require MCLE certification from any state, please contact Seminar Coordinator Claire Cowan at Claire@LRIS.com 30 days prior to the seminar.

We do not have a dress code, but suggest attendees wear business casual clothing.

Advanced Course in Police Discipline Webinar Series

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Health & Wellness Programs Webinar Series

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Topics Covered:
  • Traditional barriers to wellness programs
  • The costs to employers of inadequate wellness, including liability claims, workers’ compensation claims, and general job performance
  • The different kinds of wellness: psychological, physical, family, financial, and holistic
  • Starting a program – what online and other resources are available?
  • Should participation be mandatory?
  • The need for confidentiality of wellness programs
  • Integrating training and education with wellness and finding time in the workday for wellness
  • The roles of the Department psychologist/counselor/chaplain and peer leaders/fitness trainers. What kinds of personalities are you looking for as part of the wellness team?
  • Mindfulness in the public safety workplace
  • Including civilian employees in the program
  • Metrics for success of a wellness program
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Metro Nashville Police Department’s Professional Wellness Section (MNPD PWS) is a comprehensive, officer wellness program that is comprised of 2 Units: Counseling Unit and Wellness Unit.   Various services are provided, including psychotherapy, training, critical incident stress management, peer support, family support, mentoring, and chaplain support.  The Professional Wellness Section began in 1985 and was cited as a model officer wellness program in a 2019 Department of Justice Congressional Report.  It is composed of both sworn and civilian employees.  
Topics Included:
  • An overview of the program. How we started in 1986 with 1 counselor and have evolved to having a more comprehensive wellness program
  • Overview of our various services, including counseling, critical incident response, wellness and resiliency training, peer support, family support, chaplain support, veteran support, wellness outreach, training and development and a brand new mentoring program
  • Crisis Management Model- Pre Crisis, Crisis, Post Crisis Interventions
  • Focus on how we provide various services from hire to retire and beyond
  • Our approach to attacking stigma of mental health and some of our direct interventions
  • MNPD Wellness Program which covers 5 types of wellness checks offered to our department
  • Core value of building Healthy, Trusting Relationships with officers and families from Day 1
  • Guiding principles that led to adding a sworn wellness unit to an already established counseling unit
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Grievances And Arbitration Webinar Series

Select a webinar session to purchase the recording or learn more. Buy each session for $39 or the whole series for $195.

Topics Covered:
  • A discussion of sample grievance procedure language.
  • A discussion of what is “grievable” and what is not.
  • The detail necessary on a grievance.
  • Time limits in a grievance procedure.
  • The advisability of grievance meetings rather than written processing.
  • Selecting arbitrators.
  • The basics of how an arbitration hearing is conducted.
  • The finality of arbitration decisions.
  • The relationship between grievance procedures, unfair labor practices, and lawsuits in court.
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Topics Covered:
  • The two ways that a past practice is important: In interpreting a collective bargaining agreement, and in limiting an employer’s ability to make changes in rules and operations.
  • The continuing nature of the duty to bargain and how past practices can require mid-contract negotiations.
  • The topics that are mandatory for bargaining, including hours of work issues, disciplinary standards and proceedings, “civilianization,” staffing, residency, and more.
  • The elements that make a past practice binding, and the steps an employer must follow to make changes in past practices.
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Topics Covered:
  • When an arbitrator will look beyond the language of the contract to determine the meaning of the contract.
  • The types of evidence considered in interpreting contracts, including bargaining history, past practice, and evidence of practices under other contracts.
  • From an arbitrator’s perspective, the factors that make a past practice binding.
  • The “interpretation aids” arbitrators use in interpreting and applying contract language.
  • How arbitrators decide who has the burden of proof, and how much proof is necessary?
  • The rules of evidence in arbitration, including issues of hearsay and relevance.
  • The decision-making process – what’s convincing and what is not?
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Topics Covered:
  • The negotiability of social media rules.
  • The First Amendment, labor law principles, and off-duty social media use.
  • The types of social media speech likely to be protected and unprotected, and why.
  • How arbitrators consider social media questions.
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Topics Covered:
  • Detailed checklists that will help you prepare for filing and processing grievances and for arbitration hearings.
  • What happens when a grievance is also a ULP?
  • Framing the issue in disciplinary and “contract interpretation” grievances.
  • The different tests for just cause for discipline, and how they apply in arbitration.
  • Commonly occurring disciplinary issues, including the use of personnel files, investigatory files, and witnesses.
  • What is an “information request,” and why must both sides comply with one?
  • The relevance of bargaining history and prior arbitration awards.
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The Rights of Law Enforcement Webinar Series

Select a webinar session to purchase the recording or learn more. Buy each session for $39 or purchase the entire series for $195. Purchasing the entire series gives you a digital copy of The Rights of Law Enforcement Officers, 8th Edition.

Topics Covered:
  • How a single employment issue can involve federal, state, and local law.
  • Where collective bargaining and bills of rights exist, and the current attacks on both.
  • How the politics of different court systems can lead to a different choice in courts.
  • How issues like drug testing, overtime, sick leave use, internal affairs investigations, and qualified immunity can involve different sources of rights.
  • The basic rule – in cases of conflict between federal, state, and local law, which prevails and under what circumstances?
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Topics Covered:
  • How the right to privacy impacts a variety of issues in the law enforcement workplace.
  • The right to privacy and personal relationships, and memberships in groups.
  • How residency rules, sick leave policies, and fitness-for-duty evaluations can impact privacy rights.
  • Drug testing and the right to privacy. Medical privacy, HIPAA, the ADA, and state laws.
  • COVID-19 protocols and privacy rights.
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Topics Covered:
  • The Garrity and Miranda rules in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.
  • When is a statement considered “compelled” for Garrity purposes?
  • What does it mean that a compelled statement cannot be “used” against an employee?
  • Is an employee in “custody” for Miranda purposes when ordered not to leave the workplace?
  • How Garrity and Miranda interact, and how the Garrity and Lybarger rules relate to each other.
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Topics Covered:
  • The right to representation under the Weingarten rule.
  • Do witnesses have the right to representation in internal affairs interviews?
  • What exactly can the union representative say and do when representing a member?
  • The consequences of a Weingarten violation on discipline.
  • Can a union conduct a concurrent investigation while an internal affairs investigation is ongoing?
  • The validity of “no contact” orders in the Internal Affairs process.
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Topics Covered:
  • How the right to privacy impacts a variety of issues in the law enforcement workplace.
  • The right to privacy and personal relationships, and memberships in groups.
  • How residency rules, sick leave policies, and fitness-for-duty evaluations can impact privacy rights.
  • Drug testing and the right to privacy.
  • Medical privacy, HIPAA, the ADA, and state laws.
  • COVID-19 protocols and privacy rights.
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Topics Covered:
  • What is happening with the FLSA? A review of FLSA litigation involving numerous law enforcement agencies.
  • How the FLSA demands the overtime rate be calculated, including the treatment of premium pay, specialty pay, incentive pay, and shift differential.
  • What are “hours worked” that must be compensated under the FLSA, and how the FLSA’s unique comp time system works.
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Want everything? Buy the complete series.