The Rights of Police Officers 2023

June 7-9, 2023
The Flamingo
Las Vegas, Nevada

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  • AGENDA

    WEDNESDAY, JUNE 7 2023

    9:00 Recent Developments In Law Enforcement Labor Issues

    • Recent developments from around the country in the area of public safety labor relations.
    • Police reform legislation, the latest round: Where has it happened, what has it done, and implications for the future.
    • A review of national trends on wages and benefits, the impact on wages of the national police recruiting crisis, and the evolution of thinking on police-fire parity.
    • The swirl of litigation around cell phones. The privacy rights officers have (or do not have) in their personal cell phones, employer-issued cell phones, and personal cell phones for which the employer pays a subsidy. How public records laws may make personal cell phone records subject to disclosure.
    • The evolving caselaw on whether body camera policies are negotiable, and what the evidence is showing about how body cameras influence metrics such as the use of force, citizen complaints, and officer injuries.
    • Conflicting decisions from the courts as to what types of physical fitness standards are permissible for law enforcement officers, and how the ADA, the FMLA, and other federal laws interact to create privacy rights for officers’ medical information.
    • What’s happening with the FLSA? A review of FLSA litigation involving numerous law enforcement agencies.

    Will Aitchison, Attorney at Law, Public Safety Labor Group, LLP; Founder, LRIS.

    12:00 Lunch (Included in registration)

    1:00 Garrity, Brady, Miranda, Weingarten, And Loudermill

    • The five essential rules of disciplinary procedure, and where and how they apply.
    • The Garrity rule in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.
    • The national pushback against what are perceived to be the overly harsh interpretations of Brady, and how police administrators, the courts, arbitrators, and state legislatures have altered decision-making on dishonesty issues.
    • The right to representation under the Weingarten rule, and whether witnesses have the right to representation in internal affairs interviews. What the union representative can and cannot say and do when representing a member.
    • Police reform legislation, Garrity, and Weingarten – unintended (or intended) impacts

    Richard Poulson, Attorney at Law, Willig, Williams & Davidson.

    4:00 Adjournment

    4:15 Hosted Reception

    THURSDAY, JUNE 8, 2023

    9:00 Just Cause For Discipline

    • A review of the 12 tests for just cause for disciplinary action.
    • Progressive discipline, mitigating circumstances, and the employer’s burden of proof in discipline cases.

    Thomas Gribbin, Attorney at Law, Willig, Williams & Davidson.

    10:00 Medical And Personal Privacy Issues – Marijuana Use And Policing

    • State and federal statutory approaches to medical/recreational marijuana use.
    • Marijuana and firearm possession and use restrictions.
    • Impairment standards and bargaining over drug testing policies.
    • How the ADA, the FMLA, and other federal laws interact to create privacy rights for officers’ medical information.
    • Other statutory and constitutional protections of officers’ personal privacy.

    Richard Poulson and Thomas Gribbin.

    12:00 Lunch (Included in registration)

    1:00 Collective Bargaining

    • The topics which are mandatory for negotiation.
    • Strategies and tactics for negotiations. How to prepare, the composition of the bargaining team, and the development of negotiation themes.
    • The scope of a union’s duty of fair representation, and when and how a union may be obligated to consider representing either a member or a non-member.
    • The most common employer and union unfair labor practices.
    • What amounts to illegal discrimination on the basis of union activity?

    Keri-Lyn Krafthefer, Attorney at Law, Ancel Glink LLP.

    4:00 Adjournment

    FRIDAY, JUNE 9, 2023

    8:30 Social Media And Freedom Of Speech

    • The emerging rules of discipline for off-duty and on-duty use of social media. Labor board decisions on the potentially protected status of social media communication.
    • The need for clarity in an employer’s rules.
    • A police officer’s freedom of speech and privacy rights.
    • Political activities by police officers.
    • Speech criticizing the performance of the department or its supervisors.

    Anil Karia, Attorney at Law, Public Safety Labor Group, LLP; and Mark Meyerhoff, Attorney at Law, Liebert Cassidy Whitmore.

    11:30 Adjournment


  • HOTEL & TRAVEL

    To make arrangements, visit the hotel’s website or call the hotel directly and request the group rate for this seminar. Call (888) 373-9855 with group code SFROP3. Reservations must be made by May 6, 2023. Reservations received after this date will be on a space-available basis only and at the prevailing rate.

    The Flamingo
    3555 Las Vegas Blvd. South
    Las Vegas, NV 89109
    Room rates Tuesday through Thursday nights are $89 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $139, so book early if you plan to stay over the weekend.

    The LINQ
    3535 Las Vegas Blvd. South
    Las Vegas, NV 89109
    Room rates Tuesday through Thursday nights are $69 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $109, so book early if you plan to stay over the weekend.


  • SPEAKERS

    Will AitchisonWIll Aitchison
    Mr. Aitchison is a founding member of the Public Safety Labor Group. Over the course of his legal career, Will has represented over 100 law enforcement labor organizations in five western states. He is a veteran of hundreds of public sector labor negotiations. He received his Doctor of Jurisprudence from Georgetown University Law Center in Washington, D.C. and is the author of several books on public sector labor matters, including The Rights of Law Enforcement Officers (8th Edition), and The FLSA, A User’s Manual. Will is also the founder and director of Labor Relations Information System. Since its inception in 1981, LRIS has been a valuable resource for public safety labor relations. LRIS conducts labor seminars, publishes a monthly newsletter, publishes mobile apps, and currently has six books in print.

    Tom GribbinThomas 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.

    Anil Karia
    Mr. Karia is a founding member of Public Safety Labor Group. Anil specializes in representing law enforcement associations and guilds in Oregon, Washington, and Alaska in all aspects of their labor relations, including day-to-day counsel, negotiations, arbitrations, unfair labor practice proceedings, civil litigation, and critical incident response. He is general counsel for police associations and guilds of all sizes, including the Portland Police Association. Anil graduated from Reed College in Portland and obtained his law degree from the University of Oregon School of Law in 2006.

    Keri-Lyn Krafthefer
    Ms. Krafthefer is an equity partner with Ancel Glink. She has spent her entire career representing Illinois municipalities, townships, park districts, library districts, and school districts, and their officials in the day-to-day matters that arise, including corporate matters, labor and employment matters, tax objections, as well as in litigation. She represents politicians and candidates in election law matters, including ballot access, referenda, campaign finance and related matters. Keri-Lyn also serves as one of the primary attorneys for the Municipal Clerks of Illinois. She received her B.A. from the University of Illinois and her J.D. from The John Marshall Law School.

    Mark Meyerhoff
    Mr. Meyerhoff is an attorney in the Los Angeles, California office of Liebert Cassidy Whitmore. The firm specializes in representing management interests in public sector labor relations. He advises and represents clients in all aspects of employment and labor relations matters, such as discipline and termination arbitrations and hearings, state and federal court actions involving civil rights, Public Safety Officer Procedural Bill of Rights issues, and harassment and discrimination charges. He received his Doctor of Jurisprudence from Loyola Law School.

    Richard PoulsonRichard Poulson
    Richard G. Poulson has been representing labor unions for his entire career, representing union clients in collective bargaining, interest and grievance arbitration and employment-related litigation. He is a partner with the Philadelphia, Pennsylvania firm of Willig, Williams & Davidson, where he focuses on advising and representing police, fire, paramedic and other uniformed employees regarding municipal affairs and public employment. 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).


  • OTHER INFO

    Fees
    Registration fees are $850 per person; $725 per person if three or more attend from the same organization. Registration fees include attendance, lunch on the first two days of the seminar, all seminar materials, and a hospitality reception on the first evening.

    Cancellation Policy
    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.

    Seminar Materials
    Each attendee will receive a copy of Public Sector Collective Bargaining, by Will Aitchison, and a handbook containing extensive written materials pertaining to each of the subjects addressed.

    P.O.S.T. Certification
    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 (503) 282-5440 or Claire@LRIS.com prior to the seminar.

    CLE Certification
    LRIS has been approved as a CLE provider by the State Bar of California. This program will qualify for 12.5 hours of MCLE credit by the State Bar of California. If you require certification from any other state, please contact Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com
    prior to the seminar.


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