LRIS First Thursday Podcast
Summary: Will Aitchison’s roundup of what’s happening in the world of public safety labor and employment law.
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A previous version of this podcast included the wrong recording. Will discusses Minnesota’s sweeping new police reform billp just passed last night. * Sections 1 & 3, Peer Counseling (00:01:20)* Section 2, Critical Incident Stress Management Data (00:05:11)* Section 4, Critical Incident Stress Management Team Members (00:05:25)* Section 5, Independent Use of Force Investigations Unit (00:07:25)* Section 6, Residency (00:07:58)* Sections 7, 8 & 9 Use of Force (00:08:20)* Section 10, Board of Police Officers Standards and Training (00:09:35)* Section 11, POST Licensure (00:09:53)* Section 12, Warrior Style Training (00:10:22)* Section 13, Ensuring Police Excellence and Improving Community Relations Advisory Council (00:12:05)* Section 14, Police Officer Data (00:13:17)* Section 15, Statewide Use of Force Standards (00:13:36)* Section 16, Record-Keeping (00:17:34)* Section 17, Licensing Sanctions (00:17:41)* Section 18, Reporting Requirements (00:17:53)* Section 19, Training in Crisis Response, Conflict Management, and Cultural Diversity (00:19:17)* Section 20, Autism Training (00:23:15)* Section 21, Duty to Intervene (00:23:38)* Section 22, Arbitration (00:24:30)* Sections 23-27, Funding (00:28:56) Download our summary of the bill.
The Senate Republican bill on police reform has been released and Will covers the big takeaways. Download our table comparing President’s Trump’s executive order, the senate Democrat’s bill, the senate Republican’s bill and proposed legislation out of the state of Colorado.
Will covers police reform legislation proposed by U.S. Senate Democrats and the state of Colorado as well as President Trump’s executive order on police reform. President Trump’s Executive Order U.S. Senate Democrat’s Bill Colorado Senate Bill 20-217 Police Reform Legislation Table
* Introduction (00:05:43)* The Rules* Your First Amendment rights are very limited. (00:07:04)* Just because something is an Internet meme doesn’t mean you can post it. (00:08:40)* Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41)* Before posting, ask yourself: if my employer receives a complaint about what I’m going to post, how will it react? If the answer is “not so well” or “they’ll start a disciplinary investigation,” is the post really worth it? (00:10:18)* Be positive with your posts, not negative and critical. (00:10:48)* If you have the slightest doubt about whether to post something, sleep on it. Ask a fellow officer, one you think of as responsible and serious, what he/she thinks. (00:11:27)* Think: Who are your “friend.” (00:12:35)* Ask yourself – can someone figure out that I’m a police officer from my social media profile or my prior posts? (00:13:20)* Your credibility can be called into question by what you’ve posted online. (00:14:14)* Think about your job, your family, and your safety. (00:14:52) Download the audio file (without introduction)
Topics covered: * Status of COVID-19 presumptive causation laws (00:01:39)* Hazardous duty pay (00:30:28)* The impact on the collective bargaining process (00:34:13)* Enforcement of governors’ emergency orders (00:38:27) * Presumptive Causation Status* Jacobson v. Massachusetts, 197 U.S. 11 (1905)
Impact of COVID-19 * Presumptive Causation* Hazardous Duty Pay* FFCRA Paid Leave* Budget Issues* Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders?* Are state lockdown orders constitutional?* Gibbons v. Ogden* Jacobson v. Massachusetts* No beard policies and face maskshttps://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/ Different Job Standards Possible For Older And Younger Officers, Melo v. City of Somerville, 2020 WL 1429578 (1st Cir. 2020). Massive Boston PD Medical Fitness-For-Duty Case Allowed To Proceed, Lacroix v. Boston Police Department, 2020 WL 1877806 (D. Mass. 2020).
Fire Chief Dan Kerrigan talks about how to minimize the risk factors to firefighter health and how they can achieve and maintain what he calls functional fitness. This interview focuses on firefighters but is applicable to all public safety employees and employers. Topics covered: New awareness of the importance of firefighter fitness (00:02:35) Cardiovascular risks and what firefighters can do to prevent them (00:05:40) Cancer risks for firefighters (00:10:59) The problem of dehydration (00:14:25) Study: Effect of Heat Stress and Dehydration on Cardiovascular Function (00:18:36) Sleep disorders (00:22:26) Obesity (00:26:06) Fire Service Joint Labor-Management Wellness-Fitness Initiative (00:24:46) Dan’s Book: Firefighter Functional Fitness and its 7 recommendations on fitness (00:33:16) Selecting the right doctors for annual medical examinations (00:33:47) Privacy concerns with medical examinations (00:38:30) Functional physical fitness (00:40:14) Proper hydration (00:42:12) Sensible nutrition (00:43:55) Rest and recovery (00:47:55) Exposure reduction (00:52:29) Behavioral health resources (00:54:06) Employee incentives (00:59:22) How Dan has put his principles into play in his agency (01:01:26)
Covered in this month’s podcast: Presumptive causation laws Changes to the California Peace Officer Bill of Rights (California Executive Order N-40-20) Philadelphia’s contract rollover for police officers Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight, 2020 WL 966350 (Vt. 2020) Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630 (Ill. App. 2020) City of Columbus and Fraternal Order of Police, Capital City Lodge No. 9., 20-1 ARB ¶7530, (Nov. 19, 2019) Arizona Shifts Standards On PTSD Workers’ Comp Claims, France v. Industrial Commission of Arizona, 2020 WL 772524 (Ariz. App. 2020)
In this special podcast, Will covers the latest developments concerning the COVID-19 outbreak and public safety labor and employment. All the links mentioned in the podcast can be found at https://lris.com/wp-content/uploads/2020/03/COVID-19-Issues.pdf/
This month’s cases: * Firefighters, Facial Hair, The ‘Empty Vessel’ Of Light Duty, And The ‘Driving Calculus of Bureaucracy,’ Bey v. City of New York, 2020 WL 467507 (E.D.N.Y. 2020).* Promise Of No Discipline? No Weingarten Rights, Fraternal Order of Transit Police, 51 PPER ¶ 51 (Penn. LRB ALJ 2020)* Another Officer Loses A Brady Lawsuit Against A Prosecutor, Latty v. Polk County Sheriff’s Office, 2020 WL 485526 (D. Ore. 2020).* Union Lawyer Not Liable To Member For Malpractice Claim, Zander v. Carlson, 2019 IL App (1st) 181868 (Ill. App. 2019)* Prison Prep Time Compensable Under FLSA, Aguilar v. Management and Training Corp., 2020 WL 547292 (10th Cir. 2020) (Integrity Staffing Solutions, Inc. v. Busk)* No ‘Error Too Obvious To Be Unintentional’ On The ‘Money Train,’ Washington v. Washington Metro. Area Transit Authority, 2019 WL 6907797 (D.C. Cir. 2019) LISTEN
Developments with the Plain View Project First Lawsuit Against Plain View Project Is Dismissed, Pace v. Baker-White, 2020 WL 134316 (E.D. Pa. 2020) Firefighter Fired For Refusing Vaccination, Accommodation, Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020). County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019). Romantic Relationships And Sexual Discrimination, Word v. City of Chicago, 2020 WL 57642 (7th Cir. 2020) Requiring Pregnant Officer To Use Up Leave Violates Discrimination Law, Delanoy v. Township of Ocean, 2020 WL 38861 (N.J.A.D. 2020) Officer’s Firing For Facebook Posts Upheld, Venable v. Metropolitan Gov’t of Nashville and Davidson County, 2019 WL 7020353 (M.D. Tenn. 2019). LISTEN
What is resilience, how do emergency personnel develop it and how do departments foster it? Will discusses this important topic with psychologist Stephanie Conn in this special podcast. Topics covered: Dr. Conn’s book Increasing Resilience In Police And Emergency Personnel (00:02:44) What is resilience? (00:06:56) The four-part formula for resilience (00:11:58) I. Organizational resilience (00:14:38) * Steps an employer can take to develop organizational resilience (00:16:34)* Law Enforcement Mental Health and Wellness Programs: Eleven Case Studies* Providing wellness resources to employees (00:18:36)* Positive policies and messaging from employers (00:19:33) II. Personal resilience (00:22:18) * Dealing with the impact of shift work on employee health (00:25:21)* (How can public safety workers develop personal resilience to combat exposure to traumatic events? (00:28:53)* Making families a part of resilience training (00:31:56) III. Resilience preparation (00:39:09) * Emotional needs (00:39:41)* Cognitive and mental (00:44:16)* Physical well-being (00:45:28)* Spiritual (00:51:34) IV. Resilience renovation (00:55:12) * How to develop a peer support team (00:59:52)* The role of a union in developing resilience (01:02:57)* The evolving role of mental health professionals in public safety employee wellness (01:05:07) What is EMDR and how does it work? (01:07:26)
Will interviews Rae Gross and Sarah Kuehnel of the management-side law firm Ogletree Deakins about physical agility tests (PATs). Using a recent blog post on the topic the two attorneys authored as a starting point, the discussion includes the following topics: Why is it that PATs can raise issues under federal law (Title VII, the ADA, the ADEA, the EEOC, and the Office of Federal Contract Compliance Programs)? The types of allegations we generally see when a PAT is challenged.Disparate impact vs. disparate treatment.The 80% rule.How an employer proves job relatedness.The types of PATs used in the public safety world.The role of the ADA and ADEA in PATs. LISTEN
Will Aitchison discusses the fallout from a photo of Detroit firefighters posing in front of a burned house and the dangers of social media posting for public safety employees. ‘No-Contact’ Order Ruled Illegal, Oakdale Police Officers Association v. City of Oakdale, 44 PERC ¶ 99 (Cal. PERB ALJ 2019) The NLRB Approves Greater Confidentiality in Workplace Investigations The Department of Labor Issues New Rules On Calculating The Regular Rate of Pay Employer Required To Bargain Over Many Lexipol Policies, Snohomish County Corrections Guild, 2019 WL 6271824 (Wash. PERC ALJ 2019). The Standard For A Fitness For Duty Evaluation, Gipson v. Tawas Police Authority, 2019 WL 6876619 (6th Cir. 2019) (Related case) County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019) LISTEN
Will Aitchison interviews Los Angeles Police Protective League Director Mark Cronin and Judge Steve Siemers on how the LAPPL and LAPD are using alternative dispute resolution, or ADR, to resolve workers' compensation claims. Timestamp Topic 03:56 About the LAPPL 05:38 What inspired Mark to become involved in the ADR process? 07:40 What were the problems with the traditional workers’ comp resolution system? 11:50 What is an ADR program and how did they start in California? 16:53 How does an ADR program work? 25:33 How is this sort of system allowed under the law? 32:18 Have any lawyers involved in the workers’ comp system resisted ADR programs? 37:23 An example of a typical claim from beginning to end under an ADR program. 47:35 How did the LAPPL convince the City of Los Angeles to try the ADR process? 51:43 Who serves as member advocates? Resources: California Labor Code 3201.7 (Permission of Director of Industrial Relations, Petition filed by recognized or certified exclusive bargaining unit representative, and Negotiated labor-management agreement) NAPO Conference 2019 Washington PowerPointDownload CCLEA ADR Presentation PowerPointDownload