Q & A

From Montana Question: Can the County Attorney’s office legally maintain possession of an internal investigation file of a Deputy in which a district court judge deemed was not Brady material? Answer: Unless there’s something to the contrary in Montana state law or in the County’s ordinances and codes, we see no prohibition that would bar the County Attorney from holding onto the IA file. However, whether the County Attorney…

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USERRA Does Not Prohibit Proration Of Longevity Pay

Robert DeLee is a Plymouth, Indiana police officer who is also a reserve officer in the Air Force. DeLee was called up for eight months’ active-duty deployment from September 1, 2010 to May 11, 2011. The City pays longevity premiums to officers with at least three years of service. At the time of his reserve service, DeLee had worked for the City for 12 years, and was entitled to…

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