Excessive Discipline Protection Database

Developed by a Police Officer Exclusively for Law Enforcement

EdPDLaw Logo
LEO Case Law Library
PRINT A UNION POSTER
HOME ARTICLES MISSION THE TEAM DATABASE CONTACT

DELANEY HALL
ACA ACCREDITATION
DONATO BATTISTA
DAN MURRAY
AVILES COVERUP
KIRK EADY
CPT. TISH NALLS
# OF PENSIONS?
PREGNANT LEO
LEO CASELAW
CRISIS
COPLINE
INJURED ON DUTY
CORRUPTION PCY
GANGS
LEGAL PROTECTION
LEO DRUG TESTING
LEO DOMESTICS
INSUBORDINATION
K- 9
UNION SUMMARY
GRIEVANCES
PROMOTIONS
SEX HARASSMENT
NARCOTICS
DEPT HEARING
COMP TIME
NUISANCE CHARGE
SICK TIME ABUSE
LATERAL TRANSFER
NEPOTISM POLICY
IA GUIDELINES
GARRITY RULE
LEO CASELAW
FFD EXAM
LEO LETTER
CORRUPTION DET

 

EdPDLaw Editorial
March 29, 2014

PENSIONGEDDON 
 
NEW JERSEY HAS REPEATEDLY PROVEN IT CANNOT BE TRUSTED TO MANAGE THE PENSION FUND

Actuarial Reports 

Christie has now reneged, like every past governor, on his promise to make the required contribution to the pension system and announced yet another "gimmick" to reduce the amount of the pension contribution that the State is required to make.  He further tries to alienate the taxpayers against the Unions and lay blame with the public workers stating that 94% of the budget is needed to make the pension contribution.  The reality is that had the pension contribution been made over the past 10 years, as it should have been if the State was not playing fast and lose with the Union's pension monies, you could divide that 94% by 10 years and the taxpayers contribution would only be 9.4%.

go to story

 EdPDLaw Editorial

March 8, 2014

Despite costing the County $312,045.49 in Lawsuits Captain Tish Nalls-Castillo is Appointed “Provisional” Deputy Director

In the aftermath of the suspension of Deputy Director Kirk Eady, Hudson County has appointed Captain Tish Nalls-Castillo to the position of Deputy Director.  The decision is not without controversy as Nalls-Castillo has only been a Captain since May 1, 2011 and was only appointed to the position of Captain as a condition of settling a lawsuit she brought against the County alleging racial discrimination.

The County has two Senior Captains, both white, who have over 10 years of experience as Captains and a new Captain, also white, who was just promoted this year.  (reverse discrimination?) Moreover, Civil Service Rules permit the County to promote within 2 lower in-series titles, which means that not only Captains but Lieutenants would also be eligible for the promotion.  get this story

EdPDLaw Editorial
February 7, 2014
 

DEPUTY DIRECTOR KIRK EADY SUED OVER FEDERAL WIRETAPPING CHARGES

All the disciplinary actions, contract negotiations and grievance procedures have
been tainted from at least 2010 until January 14, 2014 when Eady was finally arrested.  

View FBI Complaint

 

        On February 7, 2014, the four victims of Kirk Eady’s illegal wiretap filed suit in the US District Court naming Eady personally and in his capacity as Confidential Aid/Deputy Director, Director of Corrections Oscar Aviles, County Executive Thomas DeGise, the Hudson County Department of Corrections and Hudson County.  The 12 count Complaint, filed by their attorney, James P. Grimley, Esquire of Atlantic City alleges violations of both federal and state wiretapping statutes together with both Negligent and Intentional Infliction of Emotional Distress; Negligence and Failure to Properly Promote, Train and Supervise; Invasion of Privacy; Interference with Contract, and LAD Retaliation.   go to article

EdPDLaw Editorial
February 25, 2013
 

EADY TURNS INVESTIGATION TO BATTISTA BY THREATENING TO TAKE HIM DOWN

As you are aware, EdPDLaw uncovered questionable mortgage activity by Confidential Aide Kirk Eady in May of 2012.  Eady became distraught over the release of information and threatened, among other things, to "not go down alone" and specifically named County Counsel, Donato Battista as someone he was going to take with him.  That threat coupled with the vast cover up of Sgt. Ricardo Aviles led EdPDLaw to wonder what exactly they have on Battista that would cause Battista to protect them when clearly he should have cut them loose.

Although still in the preliminary stages, this is what we have uncovered to date:  go to article

** MANDATORY REFUSAL SCAM **
ATTENTION ALL COUNTIES

EdPDLaw Editorial

August 1, 2012
 

EADY FABRICATES MANDATORY THEN DISCIPLINES THE PBA PRESIDENT WITH REFUSAL

In his latest BIZARRE move, on Thursday, July 26th, 2012, the first day President Ocasio was assigned to work in receiving, Eady ordered him held over for mandatory. President Ocasio explained to his immediate supervisor, another Eady crony, that he had to leave to attend a meeting on Union Business.  At first he was excused, but within minutes the Supervisor informed Ocasio that when he told Eady, Eady said absolutely not, hold him for mandatory! 

Go to Article

EdPDLaw Editorial
July 30, 2012

PBA PRESIDENT'S FULL RELEASE TIME REVOKED IN RETALIATION FOR REPORTING SEXUAL HARASSMENT
 
  • On July 6, 2012, in accordance with Hudson County Policy, Chapter 12, Unlawful Harassment/Sexual Harassment Policy, the PBA President reported an incident of sexual harassment to Internal Affairs.
  • On July 16, 2012, the PBA President was ordered to report to the Administrative Building on Pavonia Avenue to be interviewed by the third party law firm of LeClair Ryan in reference to the incident.   The interview was to take place on July 18, 2012.
  • On July 18, 2012, the PBA President reported to the Administrative Building and gave truthful and honest testimony to the law firm of LeClair Ryan of his knowledge of the events which involved one of the Good Old Boys supervisors disciplining a female civilian for refusing to give in to his sexual advances.
GO TO ARTICLE

EdPDLaw Editorial:                             

Click to get Newspaper Article

July 22, 2012

PLACING PREGNANT OFFICERS IN HARMS WAY RESULTS IN LAW SUIT 

Hudson County refused to implement policy to protect its pregnant officers then denied its female Law Enforcement Officer privacy or a break to pump breast milk for her infant.  The Director decided that the Area in the Female Locker Room would be Used For His Storage NOT Lactating Women!  go to article

EdPDLaw Editorial

MARCH 18, 2013

HUDSON COUNTY KEEPS AVILES POSITIONED FOR PROMOTION TO LIEUTENANT

Hudson County just cannot bring itself to do the right thing when it comes to Director Aviles cousin, Ricardo Aviles.  Despite all the headaches he has created for the Department, despite being found guilty of sexual harassment resulting in a false demotion and the pending law suit, he still has a cushy position in work release.  The Civil Service Department reports that he has not been removed from the promotional lists and is still next in line for promotion to Lieutenant.  He also remains on the promotional list to Sr. Investigator.  The County has denied promotions to officers who have received minor discipline and are now reading a "Work Environment Advisory" as part of their employee evaluations telling everyone there is a "Zero Tolerance Policy" for sexual harassment.  Yet they have not removed Aviles from the promotional lists.

Click to view current promotional list to Lieutenant

Click to view current promotional list to Sr. Investigator Secured Facilities

GO TO ARTICLE

ARBITRATOR RULES AGAINST COUNTY

AVILES POSITION IN WORK RELEASE MUST BE PUT UP FOR BID

"THE LANGUAGE IS CLEAR AND THE VIOLATION IS OBVIOUS"

Congratulations to PBA 109A in their win over the County and Award placing the position created for Ricardo Aviles in Work Release up for bid.  Anyone wishing to read the award may do so by clicking here.   Another crash and burn for the dynamic duo of Eady & Nalls.

 Click to get Ricky's Civil Suit
 
EdPDLaw Editorial
March 6, 2012 
 
Director's Cousin, Ricardo Aviles' Assignment to Work Release Clearly an Act of Nepotism, Misappropriation of Taxpayer's Money, HCDOC Not Reporting to Civil Service, Falsely Reporting to PBA
                                                                                
  
 
 

The never ending saga involving Oscar Aviles, Director of Corrections and his cousin, Ricardo Aviles continues as the Director refuses to take corrective action against his cousin despite his being found guilty of sexual misconduct and misappropriation of county property.  

By way of background, Oscar Aviles was appointed by County Executive, Thomas DeGise to the civilian position of Director of Correction in 2004.  Shortly thereafter the Director appointed his cousin, Ricardo Aviles to a supervisory position in Internal Affairs.  At the time of Ricardo's appointment, he was working as a Sergeant in the jail on the midnight shift.

GO TO ARTICLE

EdPDLaw Editorial
April 16, 2013

DOCTOR GARY GLASS SUED AGAIN OVER FITNESS FOR DUTY EXAM
 

Sgt. Thomas Hunt has filed suit in US District Court against his employer, Borough of Wildwood Crest and has named Dr. Gary Glass of Northfield in the suit.  Dr. Glass was named for his findings and determination in a Fitness for Duty Exam he conducted on Sgt. Hunt which led to his being found unfit for duty and his termination from his position with the Wildwood Crest Police Department.  go to article.

EdPDLaw Editorial
March 10, 2013

PBA PRESIDENT JOSEPH AMATO, ESSEX COUNTY, GRIEVES THE ACA ACCREDITATION, ICE CONTRACT,
FALSIFYING TRAINING RECORDS AND QUOTAS ON INMATE DISCIPLINE

 

Essex County PBA President Joseph Amato has again butt heads with the Essex County Administration, this time over the ACA accreditation process and the impact it has on his union members.  President Amato was the driving force in exposing the CEC (Community Education Center), Delaney and Logan Hall scandal which, after an 8 year battle, finally led to Senate Hearings in July of 2012.  Amato has no problem making enemies in Essex County to improve the working conditions of his members.  A seasoned leader, it appears that Amato has again uncovered another sham by the Administration to win federal contract monies to house ICE inmates to the detriment of his officers.   go to article

EdPDLaw Editorial
August 21, 2012

PBA PRESIDENT JOSEPH AMATO BLOWS THE LID OFF THE DELANEY HALL CORRUPTION SCANDAL AS ESSEX COUNTY IS EXPOSED FOR CONTRACTING WITH A NON-PROFIT ORGANIZATION WHICH ONLY HAS 6 EMPLOYEES TO CARE FOR A THOUSAND INMATES
 

PBA President Joseph Amato after 8 long years of butting heads with the Essex County Administration will finally have his day in court as he, together with the State PBA file suit against the County to resolve the long standing dispute over the safety of Delaney and Logan Halls.

In a law suit filed Monday, Essex County's dirty little money making enterprise is exposed in detail.  Apparently, Essex County has contracted with a "non-profit" organization named Education and Health Centers of America, Inc. to provide inmate services for approximately 1000 inmates per year, this at a reduced cost to the County.  That reduced cost amounts to a Contract awarding EHCA just under $130 million dollars over the next 3 years.  GO TO ARTICLE..

EdPDLaw Editorial
July 28, 2012

PBA OFFICIALS TESTIFIED BEFORE THE SENATE PANEL ON PROBLEMS AT THE HALFWAY HOUSES: DISPUTE CEC'S ASSERTION THAT THEY ARE RUNNING "REHAB FACILITIES" AS OPPOSED TO "PRIVATE PRISON FACILITIES"
 

On July 19, 2012, and July 23, 2012, the Senate Panel heard testimony from numerous officials on the problems with the privately run halfway houses, to include Delany and Logan Halls as featured in the NY Times, most notably run by CEC, the Community Education Centers.  Testifying at the hearing was a PBA Panel made up of 3 PBA reps from Monmouth, Essex and Mercer Counties.   The 2nd Panel was led by NJ Superior Officers Association President, Jeffrey Smith.  Testimony was also taken on the 2nd day by Hudson County Administrator of Investigations, Thaddeus Caldwell.

Full testimony from July 19, 2012 session can be heard here:   Monmouth County skip to mark 2:48:15:  Essex County 2:51:15; Mercer County 3:02:14; PBA SOA President 3:11:04  go to article


EdPDLaw Editorial
July 17, 2012

Kudos to Retired Officer Robert Urbanski who Finally had ENOUGH!  Walked into his Police Department and Signed Charges against the Chief of Police and Internal Affairs Investigators for Official Misconduct.
 
 

After years of being jerked around, of dealing with the duck and cover, and the everyday bull shit, EdPDLaw member, Retired Officer Bobby Urbanski has finally had ENOUGH!  Today he walked into the Edison Police Department and swore out an Affidavit and CRIMINAL CHARGES against the Chief of Police, Thomas Bryan, Lt. Joseph Shannon and Lt. Gregory Formica, a former Internal Affairs Investigator.

The incidents that led to this historic day began long ago, prior to 2008, when Officer Urbanski decided that he was not going to be pushed around anymore or play ball with the corrupt officials of the Edison Township Police Department.  go to article


EdPDLaw Editorial
July 14, 2012

.DEALING WITH THE ROGUE SUPERVISOR.
Is the Fitness for Duty Exam only for the rank and file? 
 

Is the Fitness for Duty Exam only for the rank and file members?  This article will cover suggested ways of dealing with the rogue supervisor.  We all know them, we all have them, the question is what do we do with them?

Fortunately, since we are dealing with supervisors, most of the work is already done for us - by them.

The courts have held that the following behaviors are grounds to order a FFD exam:

*   Excessive Use of Force

        This can easily translate into excessive use of power.  This supervisor is the one who is constantly disciplining members for no reason and who imposes hefty discipline for minor infractions.   The supervisor that stalks you, drives by your home, shows up at your vacation home, calls your spouse.  go to article


EdPDLaw Editorial
June 24, 2012

PBA PRESIDENT JOSEPH AMATO'S BATTLE TO EXPOSE THE DANGERS OF PRIVATIZNG SAFEHOUSE'S LIKE DELANEY & LOGAN HALL FINALLY GETS RESULTS
 

PBA Local 382 President Joseph Amato has fought tirelessly for the past 8 years to expose the dangers occurring at the privately run re-enty/rehabilitation facilities of Delany and Logan Halls in Essex County.  He has repeatedly brought the problem to the attention of Essex County Officials who would not heed his warnings and the warnings of the Correction Officers of PBA Local 382 as they opted to protect the very lucrative cash cows run by the privately owned company, Community Education Centers,   a company with deep connections to both political parties, most notably Governor Chris Christie.

Community Education Center, (CEC), has received about $71 million from state and county agencies in New Jersey in the 2011 fiscal year, out of total halfway house spending of roughly $105 million, according to state and company records.

While the idea behind the privately run halfway house may have had merit, the results have been nothing short of disastrous.

A Word About Stalking - Assignment to the Internal Affairs Unit is NOT a License to Stalk an Employee!  

Members of the Internal Affairs Unit are to act professional and impartial at all times.  This includes while effectuating service of Administrative charges on your membership.  

How many times does Internal Affairs show up at a member's residence to serve charges? 

Internal Affairs shows up at your residence and you are not home.  They tell your spouse, child or whoever answers the door to get you on the phone.  They ask you where you are, tell you to come home or worse they tell the person who answers the door to get you on the phone and tell you to come home, all this while all the neighbors are watching.  Is this really necessary?  Is it legal? They could just have easily called you on the phone from their office.  You did not answer?  That is what answering machines are for.   

There are very few instances that justify Internal Affairs presence at a member's residence.  The easiest way to determine if their presence is indeed warranted is to ask yourself, do I need to surrender my weapon and ID immediately?  In other words, if they are not leaving your residence with your weapon and ID, there is no legitimate reason for them to be there.  go to article...

 
SUSPENDED WITHOUT PAY - NOW WHAT?

N.J.S.A. 40A:14-149.1 provides:

Notwithstanding any other law to the contrary, whenever any municipal police officer is charged under the law of this State, another state, or the United States, with an offense, said police officer may be suspended from performing his duties, withpay, until the case against said officer is disposed of at trial, until the complaint is dismissed, or until the prosecution is terminated; provided, however, that if a grand jury returns an indictment against said officer, or said officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, said officer may be suspended from his duties, without pay, until the case against him is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.

        In the matter of Herzog v. Township of Fairfield, 349 N.J. Super 601 (App. Div. 2002), the Herzog Court held that "suspensions without pay are precluded for officers charged solely with violations of departmental rules or regulations, except where conduct equivalent to the most serious of crimes involving moral turpitude or dishonesty is supportably alleged. "

 This article addresses the officer who is suspended without pay pending termination.

go to article 

 

Work Injuries (IOD) and Your Rights:
Protecting Yourself
When It Counts Most

By Adam M. Walcoff, Esquire

 What is workers comp?  What happens if I am involved in an accident while working?  What should I be getting from my employer?  These often asked questions usually occur only after an employee is injured as a result of a work accident.  But it is extremely important to know what benefits exist in the event of a work injury before an injury occurs so you know how to protect yourself. ... go to article....

EdPDLaw welcomes the New Jersey Gang Investigators Association

TheN.J.G.I.A. was established in 2005 by a group of law enforcement professionals who recognized the importance of having a gang based information sharing network narrowly but intensely focused on responding to the proliferation of street gangs in New Jersey. Like other states along the East Coast, a phenomenon also exist in New Jersey where well established criminal street gangs hailing from the West Coast, Mid West, and South West have recently, and  increasingly joined the population of our existing gangs, bringing the potential of further criminal networking to a new, and more threatening level.   Go to article

EdPDLaw welcomes Laurence Miller, PhD, forensic psychologist from Boca Raton, Florida to the Team

Dr. Miller will conduct Fitness for Duty Exams for officers that will be unbiased, based on the officer's complete employment record.  Dr. Miller requires the officer's entire personnel file (or EdPDLaw Portfolio) and all Performance Evaluations throughout the officer's career, as well as a copy of the pre-employment screening for evaluation, not just the Internal Affairs records pertaining to isolated incidents of the officer's employment record.  Unions may be assured that “independent” and “unbiased” evaluations are just that.  Dr. Miller is not a hired gun and will call each case as he sees it, on an individual basis.  Go to article...

NJ PBA Legal Protection Plan

The major misconception with the plan is the officer's belief that he must use his union attorney or retain an attorney on his own.  This is entirely false.  Members of the Legal Protection Plan can use any of the 120+ Law Firms that are enrolled in the plan (network) and any of the 3,000 attorneys in those law firms.  There is no retainer fee and the attorneys bill is covered up to your policy limit of $20,000 or $40,000 per occurence.  There is no deductible.   Expert fees are also covered.  go to article
 

EdPDLaw welcomes Police Psychotherapist, Stephanie Samuels, MA, MSW, LCSW, founder of CopLine™ to the Team

Stephanie Samuels, MA, MSW, LCSW, is a psychotherapist that has worked exclusively with law enforcement officers in New Jersey, New York and Pennsylvania.  Ms. Samuels has lectured all over the country on PTSD (Post Traumatic Stress Disorder) and its devastating effects on the law enforcement community.  She has received numerous prestigious awards, has taught for 10 years at the Monmouth County Police Academy, lectured at the FBI Academy in Quantico, VA and authored five legislative bills in the State of New Jersey.  Ms. Samuels also authored a legislative bill in Pennsylvania pushing to have a psychological injury recognized as the equivalent of a physical injury.  Go to article...

Drug Testing by EdPDLaw

On the collection of specimens, after a series of errors in the Chain of Custody, the Gonsalves Court finds:

"Though none of these factors standing alone would suffice to convince this court that tampering could have occurred, when taken in concert, they strongly suggest that IA does not take its responsibility seriously enough.

When a small group of people is entrusted with a great responsibility, and has the power and means to potentially end a fellow officer's career though their actions would be illegal, they owe that officer the highest duty of care, and are bound to exercise their utmost vigilance to ensure that the process and trust is kept safe.

They need not negate all possibility of tampering, but they must ensure, at the very least, that all samples are collected properly and transported to the Lab, that the chain of custody is maintained, and that all paperwork tracking the specimen from collection to the Lab is completed competently."  Honorable CARIDAD F. RIGO, ALJ... Gonsalves v. Juvenile Justice Commission, CSV08061-02, OAL/NJ handed down August 15, 2005 

Go to article....

DEFENDING THE INSUBORDINATION CHARGE

In the case where the Officer just SNAPS and goes off on the Supervisor, it is important to look at how the Supervisor treated the officer both prior to and during the "incident".  Just as officers are held to a higher standard than civilian/citizens, Supervisors are held to higher standards than their subordinates.  These standards are defined in both Rules & Regulations and Policies & Procedures.  Download EdPDLaw Action Flow Chart           go to article
 

EdPDLaw welcomes K-9 Expert Deputy Terry Fleck from Lake Tahoe, California to the Team

Terry Fleck, Ed.D., is a Deputy Sheriff II/Canine Handler (Ret.) in South Lake Tahoe, California. Deputy Terry Fleck has 23 years in the handling and training of patrol K-9’s, crossed trained for search and rescue, narcotics detection, evidence recovery, cadaver recovery and tracking/trailing. He is an expert in the field of canines and author of numerous publications.  He is a leading authority in the canine industry on current case law and legal trends. He possesses a degree of Doctor of Education in Criminal Justice and has taught over 13,000 canine handlers, supervisors, administrators, agency attorneys and risk managers nationwide. go to article

Officer Involved Domestic Violence

Far too many officers get jammed up and fired over domestics which occur in their own lives.  Don't be one of them.

Anthony Pope, Esquire advises to immediately consult with an attorney once a TRO is obtained.  If the Judge has taken your weapon from you, have your attorney seek an interim order to permit you to carry your weapon on duty.  If the offense is a disorderly persons offense, request administrative duties until the hearing for the Final Restraining Order.   Have the hearing for the final order POSTPONED for as long as possible to allow for the gathering of evidence, preparation of witnesses, etc.  go to article

Put it in Writing?

 How many of us have been order to "put it in writing"? Only to have our reports used as the basis of discipline?  Before you "put it in writing", the details surrounding an incident that will lead to Departmental charges, read these cases and consult with your union representative and attorney.  go to article..

Sexual Harassment

 There are two forms of sexual harassment, (1) Quid pro quo and (2) hostile work environment.  Keep in mind that sexual harassment is a form of discrimination and that harassment based on "sex" is interchangeable with all illegal forms of harassment, i.e. race, age, religion, natural origin, etc.  These claims fall under Federal Code, Title VII, as well as individual state laws.  (In New Jersey, refer to NJLAD (New Jersey Laws against Discrimination) laws).  go to article...

Creating a Narcotics Resume

Gaining an appointment as a narcotics detective can be highly competitive.  Many Departments either don't post openings or don't solicit resumes from members that are interested in the position.  This leads to political appointments of officers that are either under qualified or not qualified at all.   Find out how to get the position you want.
 

Officers in Crisis

There is none among us who can honestly say that we have not contemplated ending our lives.  In this profession our death is the reality of the job, to be able to determine the day, time and manner in which it ends puts us in control of our destiny". anonymous officer       

go to article

Creation of the Administrative Hearing Disciplinary Review Board through Collective Bargaining Agreement

The purpose of this article is to assure fair Administrative Hearings in police disciplinary matters.

If a law enforcement officer is brought up on charges internally, the charges are first heard at the local level by either a police or township official. The authority for these hearings is either Title 4A (civil service), Title 40, or a combination of both. go to article.....

Comp Time Off Denied?

Do you end up using your sick time because your request for the use of comp time is denied?  Does this eventually land you on the sick time abusers' list?  There may be help.  A recent decision has stated that Departments needs more than the payment of overtime to deny a request for time off using compensatory time.

Defending the Nuisance Charge

Every officer faces them.  They are usually equipment violations, not cleaning the patrol car, forgetting to gas up the vehicle, smoking, not wearing your hat, forgetting your flashlight.... the little ways the Department reminds you that they care.

The problem with the nuisance charges is that you are more than likely guilty.  After all, who among us has not forgotten our flashlight? our hat? or worse?

Writing  a  Grievance

An employee's formal complaint regarding working conditions or failure by management to stick to its contract with the employee."

In order for a grievance to be successful you must be able to cite a specific clause in your contract that you feel the Administration is in violation of.  In the alternative you can cite a violation of Policy & Procedures or Rules and Regulations which are usually incorporated in your contract.  Many issues that officers want to grieve are deemed by the Administration to be "managerial prerogative" and therefore, the grievance is denied.  Is this really the case?

Detecting Corruption

"The commission uncovered a systemic pattern of official misconduct, nepotism and abuse of the public trust so pervasive in this community as to cause local budgetary hardships and jeopardize the local police department's ability to finance its operation."  go to report...

Fitness For Duty Examination

Perhaps one of the most vulnerable areas for police officers is to be ordered to a Fitness for Duty Examination.  Until a police union is faced with this career ending action forced upon one of their members, they take little action to prepare.  This article, corresponding links and case law, is written to heighten your awareness of the very real threat that this action poses against unsuspecting officers and unprepared unions.  more....

Mark Makler, Esquire on:

REPRESENTING EMPLOYEES IN THE DISCIPLINARY PROCESS

A.  The Employee's Right to Representation - The Weingarten Rule 

Employees are guaranteed the right to representation whenever an employee is being questioned under circumstances which may lead to discipline. These rights were first described by the United States Supreme Court and apply in a variety of settings. In each case, however, the employee is entitled to representation only if the employee requests representation. Absent a request from the employee, the employer has no obligation to notify the employee of the employee's right to request representation.  more.....

Impact of Discipline on Promotional Scoring

The impact of discipline on promotional scoring is substantial.  It has been shown that many Departments disciplining activities rise just prior to the announcement of a promotional test. Although safeguards have been set in place within the various state testing agencies, the scores can still be impacted with purpose to dictate the outcome of the list.  The Departments goal is to get the desired candidate within the top three (Rule of Three) to promote.

Initial Union Summary Report

Initial Union Summary Report is the first in a series of reports that will be generated from the information collected from the members' personnel files. It will present a general overview of the results of the query, alert the members as to the contents of their personnel file and suggest areas that may warrant further investigation.
 

Sick Time Abusers List

Each September, or thereabout, the Departments frequently issue a list of "Sick Time Abusers" with the warning that anytime taken off from now until the end of the year will not be excused without a doctor's note.  The Departments justification for the creation of this list is that frequent calling out by officers causes the Department to incur unwarranted overtime.
 

Lateral Transfers

This is always a heated topic as Unions and Departments battle daily to find some common ground in this area.  What is the fair way to make assignments to the various special units?  Who should work narcotics? Community Police? K-9? Detectives? Dare Officer?  Is there a fair way to make these assignments?  How do you remove the politics?   more...

Truth or Consequences

Departments are sticking their necks out and creating liability for themselves every time they use this charge against one of their members. This is a lose/lose proposition for both the officer and the Department alike.  It undermines the integrity of the Department, destroys moral and opens both the Department and the Officer to lawsuits.  

  By destroying an officer's credibility,

Attorney News Letters

A new and unique service is being offered to unions to assist the union attorneys is their representation of the union members.  The service is simple, to maintain a duplicate personnel file of the union members. This takes the control out of the Departments hands and places it with the union.

There is no more guessing on the contents of the file,

  Internal Affairs Investigations - Keep it Fair
 

    Unfortunately, Internal Affairs is a necessary evil in governmental agencies. When done correctly and not politically, this can be an important tool for both the officer and the Department. The Division of Criminal Justice has set forth guidelines which are to be followed when conducting an Internal Affairs Investigation, you should become familiar with them.

Corruption Prevention Policy

Proactive Prevention Measures:  A specific number of officers will be appointed or a separate unit will be established to handle corruption prevention measures.  There responsibilities will be:  To review the findings of the internal affairs investigations for patterns which are indicative of corrupt police behavior.

To review duty assignments to ensure that periodic rotations are occurring according to requirements.

To review overtime pay assignments......

                Corruption is defined as "acts involving the misuse of authority by a police officer in a ....

    This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

  
 


© 2011 Excessive Discipline Protection Database