Start

June 19, 2024 9:00 am

End

June 21, 2024 11:30 am

Location

Horseshoe Hotel
Las Vegas, Nevada

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Wednesday, June 19, 2024

9:00 Recent Developments In Law Enforcement Labor Issues

Recent developments from around the country in the area of public safety labor relations.

  • Review of recent wage and benefit settlements/trends in public safety agencies.
  • The impact of the national police recruiting and retention crisis, and the evolution of thinking on police-fire parity.
  • The impact of inflation and recruiting/retention challenges on public safety bargaining.
  • Evolving public attitudes toward policing and the related effects on all public safety employees.
  • Review of recent US Supreme Court decisions affecting law enforcement officers.
  • 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, LLC; Founder, LRIS.

12:00 Lunch (Included in registration)

1:00 Privacy Rights, Part One: Artificial Intelligence in the Workplace.

  • What is artificial intelligence and how is it being used in law enforcement?
  • Review of legal standards governing collective bargaining over the use of AI systems in the law enforcement workplace.
  • Body cameras and mobile video recorders – how do they relate to AI systems?
  • Review of statutory approaches to AI regulation in the workplace.
  • How to address concerns around bias and ethics in AI algorithms.
  • Special problems related to the use of AI in hiring and promotions.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLC; Assistant Director, LRIS.

2:30 Privacy Rights, Part Two: 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.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLC; Assistant Director, LRIS.

4:00 Adjournment

4:15 Hosted Reception

Thursday, June 20, 2024

9:00 Procedural Rights in Discipline: Weingarten, Garrity, Miranda and Brady.

  • The essential rules of disciplinary procedure, and where and how they apply.
  • The Weingarten right to representation in disciplinary interviews, how it can apply in settings as varied as drug testing, critical incidents, and witness interviews, and what happens if Weingarten rights are violated.
  • The Garrity rule in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor, and the evolving law on the extent of immunity under Garrity.
  • The ever-changing law on the rule in Brady v. Maryland, and how it applies to police disciplinary records. How officers get on and get off Brady lists; whether being placed on a Brady list necessarily results in termination, and lawsuits by officers seeking to be removed from Brady lists.
  • Police reform legislation, Garrity, and Weingarten – unintended (or intended) impacts.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLC; Assistant Director, LRIS.

10:30 Substantive Rights in Discipline: 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.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLC; Assistant Director, LRIS.

12:00 Lunch (Included in registration)

1:00 Collective Bargaining

  • A point-counterpoint review of the bargaining process by labor and management negotiators.
  • Strategies and tactics for negotiations. How to prepare, the composition of the bargaining team, and the development of negotiation themes.
  • Selecting comparable jurisdictions and total compensation analysis, including cost-of- living, workload and productivity, local labor markets, and other topics commonly raised in an assessment of wages and benefits.
  • The significance of recruiting and retention in today’s environment.
  • The importance of politics and media relations, and the implications of getting the public involved in the bargaining discussion.
  • Expert opinions on current issues of importance in bargaining.

Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff, LLP.

4:00 Adjournment

Friday, June 21, 2024

8:30 Freedom of Speech and Social Media

  • Evolving standards governing social media and other internet use by police officers.
  • A police officer’s freedom of speech and privacy rights. When are social media posts protected speech under the First Amendment?
  • Speech criticizing the performance of the department or its supervisors.
  • Application of the just cause standard in the context of social media discipline.
  • Case study: The Plain View Project. Practitioners review the impact of Plain View Project on officer discipline and apply just cause principles using real case examples.
  • The need for clear employer policies on social media use and the obligation to bargain.

Jessica Caggiano, Attorney at Law, Willig, Williams & Davidson; and
Mark Meyerhoff, Attorney at Law, Liebert Cassidy Whitmore.

11:30 Adjournment

Will Aitchison

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

Will 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.
Ben Albrecht

Ben Albrecht

Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff, LLP.

Ben Albrecht

Benjamin S. Albrecht is a Partner with the Columbus firm of Fishel Hass Kim Albrecht LLP. Ben received his law degree from The Ohio State University Moritz College of Law and his Bachelor of Arts degree in History from the University of Chicago. Ben has experience representing public and private employers in all areas of labor and employment including contract negotiations, mediation, conflict resolution, and arbitration, in addition to county and local government law. Along with defending employers in litigation in courts throughout the state, Mr. Albrecht has conducted numerous seminars regarding various issues including ADA, FMLA, FLSA, unlawful discrimination and harassment, and discipline. Additionally, he represents employers in collective bargaining matters and in administrative matters before various state and local agencies. Super Lawyers Magazine and Best Lawyers named Ben Albrecht to the list of Rising Stars, Super Lawyers and Best Lawyers lists as a top attorney in his field.
Jessica Caggiano

Jessica Caggiano

Attorney at Law, Willig, Williams & Davidson.

Jessica Caggiano

Ms. Caggiano concentrates her practice on labor law, advocating for union and worker rights at a time when these rights have never been more important. Her work includes handling labor arbitrations, contract bargaining and litigation for public and private sector unions. Jessica’s union defense litigation has involved constitutional issues in the wake of the Janus decision. She also offers ongoing advice, training and presentations on topics ranging from workplace discrimination and social media use in the workplace, to grievances and labor arbitration. Jessica graduated with her J.D., magna cum laude, from the University of Pittsburgh School of Law.

Anil Karia

Attorney at Law, Public Safety Labor Group, LLP.

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.

Mark Meyerhoff

Attorney at Law, Liebert Cassidy Whitmore.

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.

Visit HTTPS://BOOK.PASSKEY.COM/GO/SBROP4 or call the hotel directly and request the group rate for this seminar. There is a $15 charge for reservations made over the phone. Reservations must be made by May 18, 2024. Reservations received after this date will be on a space-available basis only and at the prevailing rate.

The Horseshoe Las VegasThe Horseshoe
3645 Las Vegas Blvd. South
Las Vegas, NV 89109

Room rates Tuesday through Thursday nights are $99 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. Call (877) 603-4390 with group code SBROP4.

The Paris Las VegasThe Paris
3655 Las Vegas Blvd. South
Las Vegas, NV 89109

Room rates Tuesday through Thursday nights are $129 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) 796-2096 with group code SPROP4.

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 copy of The Rights Of Law Enforcement Officers (8th Edition) by Will Aitchison.

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 (503) 282-5440 or 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.