Advanced Course In Police Discipline
November 14 to November 16, 2018
Las Vegas, Nevada
The Flamingo Las Vegas
November 14, 2018
9:00 am Introduction And Recent Developments In Law Enforcement Labor Issues
- Recent developments from around the country in the area of public safety labor relations, including a review of pending or recent changes in state laws impacting police discipline or peace officer bills of rights.
- A discussion of recent court decisions impacting the disciplinary system, including constitutional free speech and privacy issues.
- The national political discussion of police discipline, and the implications for the future.
10:30 am Just Cause for Discipline and Disciplinary Systems Around The Country
- How police officers went from being at-will employees to having meaningful job protections.
- Civil service systems, police discipline boards, and arbitration of discipline.
- The 12 requirements for just cause for discipline, including progressive discipline, consideration of mitigating circumstances, the implications of training, and proportionality of punishment.
- The requirements for a thorough investigation and timely processing of complaints, and where and how more unusual disciplinary penalties such as demotion and transfer can be used.
- The increase in challenges to the binding nature of arbitration decisions.
12:00 pm Lunch (Included in registration)
1:00 pm Garrity, Weingarten, Brady, and Miranda
- An officer’s Fifth Amendment Garrity rights, when and how they apply in critical incidents and internal investigations, and the evolving law on the extent of immunity under Garrity.
- 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 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.
- How Miranda applies in the law enforcement workplace.
4:00 pm Adjournment
4:15 pm Hosted Reception
November 15, 2018
9:00 am Discipline Under A Statewide Peace Officer Bill Of Rights and The Political Pressures Today On Bills Of Rights
- A panel of management and labor experts will discuss how discipline must be handled under a statewide public safety officer bill of rights.
- Using California’s Bill of Rights as a model, the panel will review the requirements of a bill of rights from intake through the investigatory process and culminating with the disposition of a complaint.
- Miscellaneous rights under a bill of rights, including officer privacy, access to personnel files, and the relationship between a bill of rights and the Brady rule.
William Hadden, Todd Simonson and Robert Wexler.
12:00 pm Lunch (Included in registration)
1:00 pm Body Camera Video And Other Evidence In Disciplinary Investigations
- The evolution and current status of body camera programs in United States policing. What the evidence is showing about the impact of body cameras on officer safety, the use of force, citizen complaints, and police practices.
- The different body camera systems, their features, and their pros and cons. The cost of body camera systems, including storage and data processing costs.
- Policy issues attendant to a body camera program, including public records laws, face-blurring software, officer review of video before giving statements, privacy considerations for citizens and officers, and monitoring of videos for general compliance with departmental rules.
2:30 pm Discipline For Social Media Use
- The evolving standards used to judge off-duty social media and other Internet use by law enforcement officers.
- When are Facebook postings protected speech under the First Amendment, and how can protections for union activity give protections to comments made on the Internet?
- The need for clear employer policies on social media use.
4:00 pm Adjournment
November 16, 2018
8:30 am Anatomy of a Disciplinary Case
- Using the example of several recently-published high-notoriety police disciplinary cases, a panel of management and labor lawyers will involve seminar attendees in how to assess, prepare, and present disciplinary appeals.
- How politics plays a significant role in police disciplinary appearances.
John Becker and Jaime Kenny.
Hotel And Travel
The Flamingo Las Vegas
3555 Las Vegas Blvd South
Las Vegas, NV 89109
702-733-3111 • 800-732-2111
To make arrangements online go to https://aws.passkey.com/go/SFACP8 or call the hotel directly and request the group rate for this seminar. For the Flamingo, use Group Code SFACP8. Room rates Tuesday through Thursday nights are $75 per night, plus a $29 per room, per night resort fee and 13.38% tax. Rates Friday and Saturday nights are $128 plus resort fee and tax. For the Linq, use Group Code SQGAP8. Room rates Tuesday through Thursday nights are $75 per night, plus a $30 per room, per night resort fee and 13.38% tax. Rates Friday and Saturday nights are $155 plus resort fee and tax. A limited number of rooms are available at these rates on Friday and Saturday nights, so book early if you plan to stay over. Reservations must be made by October 22, 2018. Reservations received after this date will be on a space-available basis only and at the prevailing rate.
Mr. Aitchison is a Portland, Oregon attorney who has, over the course of his career, represented over 100 law enforcement and firefighter 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 (7th Edition), and The Rights of Firefighters (4th Edition).
A graduate of Northeastern University School of Law and Oberlin College, John M. Becker has been of a member of the Massachusetts Bar since 1994. John serves individual and union clients in both the private and public sectors, but has specialized in representing public employee unions. He has helped clients negotiate collective bargaining agreements, arbitrate grievances, and pursue various matters in court and in numerous state agencies. He has also brought litigation to enforce employees’ rights under the Fair Labor Standards Act and other laws.
Mr. Hadden joined Rains Lucia Stern St. Phalle & Silver in 2017. For more than 25 years, Bill has handled high profile criminal and administrative cases. He has represented countless public safety members in all phases of litigation and frequently lectures and writes about prominent legal issues pertaining to them. He graduated with honors from Boston University and earned his J.D. at Loyola Law School in Los Angeles.
Mr. Karia is a lawyer with the Public Safety Labor Group in Portland, Oregon. He specializes in representing public safety labor organizations, including the Portland Police Association, in all aspects of their labor relations. He is a graduate of the University of Oregon School of Law
Attorney Kenny offers substantial litigation experience, including more than five hundred (500) labor arbitrations, and practice before the Massachusetts Commission Against Discrimination (MCAD), Massachusetts Civil Service Commission, Massachusetts Department of Labor Relations (“DLR”) and the National Labor Relations Board (“NLRB”). Attorney Kenny has also represented clients before the Massachusetts Superior Court, federal court and the Massachusetts Court of Appeals.
Mr. Simonson is a partner of Sacks, Ricketts & Case LLP. Todd represents public and private sector management in all areas of labor and employment law, with an emphasis on matters involving public safety employees. In his more than 15 years of practice, he has successfully defended employers against high-profile discrimination and harassment litigation, prevailed in numerous arbitrations and administrative appeals upholding serious disciplinary action, and enforced management rights through effective collective bargaining.
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.
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.
Continuing Legal Education 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.
Registration fees are $695 per person; $595 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.
Each attendee will receive a notebook containing extensive written materials pertaining to each of the subjects addressed.
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.