FOP Lodge 89

Interview With Peter Brown

Will and attorney Peter Brown, a partner in the law firm of Liebert Cassidy Whitmore, the state of public sector bargaining and negotiations in California.LISTEN

M Marc Fuller

Q & A

From Washington:Question: Can a patrol squad sergeant institute a DUI arrest competition among the officers of his/her squad and then compel the “losing officer” to purchase dinner or breakfast for the squad because he/she came in with the fewest DUI arrests in a certain time frame? Some new officer

W Will Aitchison

Court Refuses To Give Advisory Opinion On Fire Department’s FLSA Question

The Spokane Valley Fire Department in Washington filed a federal court lawsuit against Local 3701 of the IAFF, seeking a declaratory judgment that some of its employees – battalion chiefs and fire marshals who are members of Local 3701 – were exempt from certain wage and hour provisions under the Fa

W Will Aitchison

Corrections Officer Wins $1.48 Million In Damages

Richard Dixson has been employed by the Missouri Department of Corrections (DOC) since 1995 and has worked at its Kansas City Reentry Center since 1998. When Dixson first started working for the DOC, he was a Corrections Officer 1, or prison guard. He was promoted to Corrections Classifications Assi

W Will Aitchison

Administrative Leave Can Trigger Whistleblower Rights

Like many states, Minnesota has a whistleblower statute. In general, the statute prohibits retaliation against an employee who alleges that the employer has violated the law.Sergeant Steven Moore is a 29-year veteran of New Brighton’s police department. In March 2015, the City required all police em

W Will Aitchison

Employer Required To Pay Retiree’s Medicare Supplement Premium

James Gallagher was employed as a police officer by the Town of Fairfield, Connecticut until October 9, 1986. On that date, the Fairfield Police and Fire Retirement Board approved his request for disability retirement benefits. Gallagher’s disability retirement at age 35 was the result of a serious

W Will Aitchison

Personality Traits Not Protected By ADA

Kent Donley was a police officer with the Village of Yorkville in New York. On July 5, 2011, the Village mayor and the board of trustees were presented with a written complaint from a resident regarding an incident with Donley. The complaint alleged that Donley had approached the resident and her da

W Will Aitchison

Employer Must Provide Information Before, Not After, Loudermill Hearing

The town of Auburn, Massachusetts and the Massachusetts Coalition of Police are parties to a collective bargaining agreement. One of the members of the Coalition is dispatcher Maureen MacLean.The Town begin investigating MacLean about a call she took on July 11, 2017. The investigation expanded into

W Will Aitchison

Trooper’s Garrity Rights Violated

Christopher Kober was a trooper with the Nebraska State Patrol. Kober was criminally charged on June 1, 2017, with theft by receiving stolen property valued at more than $5,000, a Class IIA felony under Nebraska law.The criminal investigation began when the Bellevue Police Department informed the Pa

W Will Aitchison

When Is Harassing Conduct ‘Severe’ Enough?

Kevin Perry worked as a corrections officer for the Westchester County Department of Corrections in New York. Perry was assigned to the DOC’s booking unit, and Captain Robert Slensby was one of his supervisors.In July 2014, Perry completed a medical leave and returned to work at the DOC. Perry testi

W Will Aitchison

Police Chief May Have Due Process Rights

In 2013, the Village of University Park, Illinois hired Eddie Bradley as its police chief. In the occasionally tumultuous world of small-town politics, this didn’t last long, and soon after a municipal election in 2015, the mayor and Village Board placed Bradley on administrative leave. The Village

W Will Aitchison

Fire Lieutenant Terminated For Twice Testing Positive For Marijuana

Marlon Cooper, a lieutenant with the Memphis Fire Department, first tested positive for marijuana in 2008. At that time, Cooper was not terminated from his employment, but instead was suspended for 360 hours and thereafter entered into an employee assistance program (EAP).Although Cooper was given a

W Will Aitchison

Sergeant’s $1.9 Million Verdict Reduced To $2,700

Pennsylvania State Police Sergeant David Holt II filed suit against the Commonwealth of Pennsylvania and four of his supervisors. Holt alleged multiple instances of race discrimination and retaliation in violation of Title VII of the Pennsylvania Human Relations Act, and contrary to the guarantees o

W Will Aitchison

Sheriff’s Department Can Provide Brady List To Prosecutor

The Association for Los Angeles Deputy Sheriffs (ALADS) represents 7,800 deputy sheriffs working for the Los Angeles County Sheriff’s Department. The Department sent a letter to roughly 300 of those deputies, informing them that a review of individual employees’ personnel records had “identified pot

W Will Aitchison

Interview With April Upchurch Fredrickson

The current presidential administration is undoubtedly conservative. This is reflected in the pro-management position its judicial appointments and the Department of Labor have taken on labor and employment issues. As a result, many municipalities, counties and states have passed laws and implemente

M Marc Fuller

Interview with Tenari Ma’afala and Vladimir Devens of SHOPO

Will interviews Tenari Ma’afala and Vladimir Devens of the State of Hawaii Organization of Police Officers (SHOPO) about the state’s unusual collective bargaining law, how they fixed their recruitment and retention problem, arbitration stories, and the standard of conduct differential.LISTEN

V Victoria Leyva

New Jersey Firefighter’s Punitive Damages Upheld

Fred Bonda worked as a fire inspector for the City of Elizabeth, New Jersey until he retired in 2014. Bonda sued the City, contending that the City had retaliated against him for his whistleblowing activity.Bonda relied on two categories of whistleblowing conduct: (1) reporting that the Fire Chief h

W Will Aitchison

Chicago Officer Loses Discrimination Claim

Adam Wazny was born in Poland. He immigrated to the United States with his parents and siblings in the mid-1990s. Although he has lived in the United States for most of his life, Wazny speaks English with an accent.Wazny joined the Chicago Police Department in 2003. In 2009, after working in several

W Will Aitchison

Lapse Of State Certification Results In Loss Of Officer’s Job

Adrian Rodriguez became a Miami police officer in 2007. In 2012, the City’s homicide unit received a tip that Rodriguez’s brother and father may have been involved in a homicide in 2007. In 2013, based on the results of an Internal Affairs investigation, Rodriguez was relieved of duty with pay. Whil

W Will Aitchison

‘Exploding Offers’ Can Be Bad-Faith Bargaining

In collective bargaining parlance, an offer that expires on a fixed date is known as an ‘exploding offer.’ In a lengthy opinion, the California Public Employment Relations Board analyzed when exploding offers amount to bad-faith bargaining.The case involved the City of Arcadia and the Arcadia Police

W Will Aitchison

Deputy Wins $885k In Disability, Hostile Work Environment Case

Joseph Iko, who has been diagnosed with Type I diabetes since he was six years old, worked for the Sheriff’s Department in Middlesex County, New Jersey. In 2004, Iko underwent a pancreas transplant because of his diabetes. When Iko returned to work after the transplant, his high-level supervisors an

W Will Aitchison

Officer’s Discipline For Text Message Upheld

On April 27, 2017, Cleveland Police Officer Sean Gorman received a call to go to a Cleveland strip club. He texted Officer Aaron Petitt to ask for help. The following exchange of messages ensued:“Gorman: Stop down to hustler apparently there are some middle eastern types giving people a hard time we

W Will Aitchison

No Privacy Rights To Flash Drive Plugged Into Employer’s Computer

Saintamen Edwards, a Miami-Dade County police officer, was arrested and charged with two counts of official misconduct after an investigation revealed she had falsified police records in an apparent attempt to get her husband, Clyde Edwards, fired from his job at a sports apparel and footwear store.

W Will Aitchison

Unions Have ‘Great Discretion’ In Deciding Whether To Seek Arbitration

Jose F. Valencia sued the Santa Fe Police Officers Association for breach of duty of fair representation. Valencia requested that the Association challenge his termination for dishonesty in arbitration. The Association’s Board scheduled a meeting on February 16, 2010, to consider the request. Two Bo

W Will Aitchison