June 9-11, 2021
Las Vegas, Nevada
Wednesday, June 9, 2021
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 – where it has happened, what it has done, and implications for the future.
- A review of national trends on wages and benefits, the impact on wages on 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;
Executive Director, LRIS.
12:00 Lunch (Included in registration)
1:00 Garrity, Brady, Miranda, Weingarten, and Loudermill
- The five essential rules of disciplinary procedure – 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.
4:15 Hosted Reception
Thursday, June 10
9:00 Just Cause For Discipline, And The Particular Issue Of Social Media
- 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.
- The need for clarity in an employer’s rules.
- The “disparate treatment” defense and the relevance of past practice in similar cases.
- The emerging rules of discipline for off-duty and on-duty use of social media.
Anil Karia, Attorney at Law, Public Safety Labor Group, LLP.
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?
Ben Albrecht, Attorney at Law, Fishel Downey Albrecht & Riepenhoff.
Friday, June 11
8:30 Freedom Of Speech And The Right To Privacy
- A police officer’s freedom of speech and privacy rights.
- When is off-duty speech protected and when may an employer regulate the speech through its disciplinary rules?
- A review of the trends with respect to such issues as drug testing, residency rules, sick leave confinement policies, speech criticizing the performance of the department or its supervisors.
- Political activities by police officers.
Mark Meyerhoff, Attorney at Law, Liebert Cassidy Whitmore.
- HOTEL & TRAVEL
3900 Las Vegas Blvd. South
Las Vegas, NV 89109
Room rates Tuesday through Thursday nights are $59 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $124, so book early if you plan to stay over the weekend.
To make arrangements, visit the hotel’s website or call the hotel directly and request the group rate for this seminar. Reservations must be made by May 7, 2021. 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 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).
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. 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.
Mr. Karia is a founding member of the Public Safety Labor Group in Portland, OR. He has been practicing union side labor law since 2009.He specializes in representing law enforcement associations and guilds in Oregon, Washington, and Alaska in all aspects of their labor relations and is general counsel for police associations and guilds of all sizes, including the Portland Police Association. He has bargained many labor agreements and has participated in numerous arbitrations on their behalf. He graduated from Reed College in 1999, and obtained his law degree from the University of Oregon School of Law in 2006.
Mark is based in the Los Angeles office and represents clients in all types of civil litigation, administrative proceedings and arbitrations. Mark regularly advises and represents clients in all aspects of employment and traditional labor relations matters. Mark completed his undergraduate study at the University of California, Santa Barbara. He earned his Juris Doctorate from Loyola Law School, Los Angeles, and was admitted to the California State Bar in 1995.
- OTHER INFO
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 call Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com prior to the seminar.
Registration fees are $795 per person; $695 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 copy of The Rights of Law Enforcement Officers (8th Ed.), by Will Aitchison, and a handbook 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.