Excessive Discipline Protection Database

Developed by a Police Officer Exclusively for Law Enforcement

PRINT A UNION POSTER

THE TWO SERVICES OF EdPDLaw

EdPDLaw offers two services for the law enforcement officer. The maintenance of your Personnel File and the Database.

DATABASE SERVICE
(sample report)

EdPDLaw is developed to track discipline trends within Departments and regions throughout the four states that it offers services.

EdPDLaw takes this information and inputs the information into its database to calculate:

The Departments most prevalent charge;
The number of times that it uses the charge;
The alleged reason to bring this charge;
Whether the officer charged was/is in line for a promotion or assignment;
And attempts to determine the political reason for the charges being brought.

This information is inputted into the Database on an anonymous basis with each officer being assigned a number and only identified through that number. The results of the database are invaluable to the Department's Union, Union Attorney and the individual officer.

If a trend is identified, EdPDLaw will provide the Union with the information necessary to file an Unfair Labor Practice against the Department and for the Union Attorney to place language in the Collective Bargaining Agreement (CBA) to protect members against future charges.

See Sample Report.

PERSONNEL FILE MAINTENANCE

When determining discipline one should take into account [The] "employee's reasonably recent history of promotions, commendations and the like on the one hand and, on the other, formally adjudicated disciplinary actions as well as instances of misconduct informally adjudicated, so to speak, by having been previously called to the attention of and admitted by the employee."

West New York v. Bock, 38 N.J. 500,524 (1962)

The second service EdPDLaw offers is to maintain a duplicate personnel file for its members. In developing this service EdPDLaw has identified the numerous loopholes that Departments use to successfully prosecute their officers. This information has been compiled through numerous interviews with Union Attorneys and other attorneys that are frustrated with the inability to predict what is contained within the officer's personnel file.

Many cases come down to the contents of the officers' personnel files which are all to often incomplete, or missing information.

An officer that has been classified as a "habitual offender", usually has a personnel file full of small infractions that are used to justify "progressive discipline". These files were also void of any positive information that would assist the Union's attorney in defending the charged officer.

When the time came to defend these officers, the training certificates, all the accolades, every positive document had mysteriously disappeared leaving the attorney's hands tied and the officer SOL. It is very apparent that had the officer maintained a copy of his personnel file or had someone do it on his behalf, the outcome of these charges would have been vastly different. It is for this reason that EdPDLaw offers to maintain a duplicate copy of your personnel file.

Every officer is entitled by law to a copy of his personnel file upon request. The best way to protect yourself against discipline is to be prepared prior to the disciplinary action. If you request a copy of your personnel file when you are not in trouble and do not need it, the chances are very good that you will receive a complete copy.

You can then, and are encouraged to, review your file, find any missing documents and supplement your file with the documents. If your Department is large, it is difficult for them to maintain every file. The EdPD will scan your file into its database and send you a copy of your file in PDF format. The EdPD will initially evaluate your file and make recommendations for additional materials. After the file is initially set up, it will be reviewed every three months and we will request that you send us any additional documentation that you would like to include in your file.

Items to Include

The Benefits of Maintaining Your Own Personnel File

You are in control. All too often the Departments hold their officers at their mercy when it comes to the contents of your personnel file. After all, do you know what is in your personnel file?

What if you want to transfer to another Department? All to often you are at the mercy of your department for the favorable interview that you will need to obtain another position with another agency. Do you trust your department to give you that favorable recommendation? Or would you rather have the ability to supply your perspective employer with a copy of your personnel file, the one that EdPD maintained on your behalf?

Little Sister to the Legal Protection Plan

The Legal Protection Plan is the most important tool an officer possesses. EdPDLaw is developed to assist the Legal Protection Plan and may be a vital tool to the Legal Protection Plan. By the time the officer is in the position to utilize the Legal Protection Plan the damage may already have been done. The Union Attorney relies on the contents of the officers' personnel file to defend him. It makes good sense to entrust the maintenance of your personnel file with someone who has your best interest in mind, and not the employer who's best interest is served by substantiating the charges it proffered against you.

Every officer is entitled by law to copy his personnel file whenever he requests it. EdPDLaw realizes that this places the officer in an awkward position and because of same, EdPDLaw has an Authorization Form that can be filled out and handed in to your Department to minimize your involvement. Should your Department resist this request, EdPDLaw will step in to secure a copy of your file without any further involvement on your behalf.

Unions are encouraged to sign up all their members at the same time to minimize the resistance from the Departments. Simply fill out the sign up sheets and fax or mail them to EdPDLaw, we will do the rest.