LRIS on 03/03/2023

Workers Comp Limitation On Stress Claims Not Unconstitutional

Timothy Matthews began training with the Tucson Police Department in Au­gust 2000 after passing the necessary pre-employment physical and psychological examinations. In 2009 while off duty, Matthews passed by an accident involving a car that hit a police officer on a bicycle. Matthews responded to t

L LRIS
LRIS on 03/03/2023

Court Upholds Chicago Police Vaccination Requirement

Lodge 7 of the Fraternal Order of Police is the exclusive collective bargaining representative of all sworn personnel below the rank of sergeant employed by the Chicago Police De­partment. The Policemen’s Benevolent and Protective Association of Illinois represents sergeants and lieutenants in diffe

L LRIS
LRIS on 03/03/2023

‘Thin Red Line’ Flag Not Protected Union Material

Local 863 of the IAFF and the City of Newton, Massachusetts are parties to a collective bargaining agreement. Within the Fire Department, Station 4 is the des­ignated building for the training division of the Department. The City instructs all firefighters to report to Station 4 when they need their

L LRIS
LRIS on 03/03/2023

Unilateral Shift Change After Citizen Complaint Deemed Due Process Violation

In December 2022, an arbitrator held that Oklahoma City violated its contract with FOP Lodge 123 when it unilaterally transferred a bargaining unit member under investigation without good cause and without first negotiating with the FOP.The case began in April 2022, when 20-year veteran of the Oklah

L LRIS
LRIS on 03/03/2023

Dispatcher Loses Job For Refusing To Get Vaccinated

The City of Carbondale, Illinois is party to a collective bargaining agree­ment with the Fraternal Order of Police Labor Council. Shane Harris, a dispatch­er, is in the FOP’s bargaining unit.The City adopted a COVID-19 Vac­cination Policy effective September 27, 2021. The Policy states, in part, “Th

L LRIS
LRIS on 03/03/2023

Officer’s Conduct, Not Race, Produced Discipline

Dana Harge is a patrol officer for the New York City Police Department. Harge sued his supervisors and NYPD, claiming his supervisors fabricated disciplinary actions against him, subjected him to heightened monitoring and scrutiny, issued him inappropriate “Command Discipline (CD),” and halted his p

L LRIS
LRIS on 03/03/2023

Officer’s Suicide ‘Line Of Duty’ Death

Washington County, Minnesota Sheriff’s Deputy Jerome Lannon died by suicide in 2018. Lannon had a decades-long career as a public safety officer. Over the course of his career as a sheriff’s deputy, he responded to many disturbing incidents, including a double murder, multiple suicides, a child’s se

L LRIS
LRIS on 03/03/2023

Police Dispatchers Not Entitled To Double-Time Pay

Police dispatchers for the University of Cincinnati are represented by the Fraternal Order of Police. Section 18.11 of their collective bargaining agreement provides that “in the event that the Uni­versity closes due to inclement weather or other emergencies, members of the FOP bargaining unit who a

L LRIS
LRIS on 03/03/2023

Officer Not Coerced Into Retiring

Brian Errington was an officer with the Reading, Pennsylvania Police De­partment for 15 years. In later years, he got involved in workplace disputes that led him to retire and sue the City for First Amendment retaliation.The first dispute arose in November 2017, when Officer Charles Menges left Erri

L LRIS
LRIS on 03/03/2023

City To Pay $1.6 Million For Firefighter Staffing Violation

The City of East Cleveland and Local 500 of the IAFF are parties to a collective bargaining agreement with a minimum staffing clause. In Article 9, Section 1 of the parties’ CBA, the City agreed to maintain “on a daily basis, a minimum Safety Fire Fighting Force of ten on-duty firefighters” and, if

L LRIS
LRIS on 03/03/2023

Lying About Sick Leave Basis For Demotion

Luis Suarez was two weeks into his three-month probationary period as a newly promoted sergeant in the Middlesex County Sheriff’s Office in New Jersey when he lied about being sick so he could attend a wedding after having been denied permission to switch shifts with another officer. Although Suarez

L LRIS
LRIS on 03/03/2023

Q & A

From Rhode Island:Question: Are there any good resources (policies or cases) dealing withthe issue of legalized recreational marijuana and police in terms of any departmentsthat have proposed restrictions and any bargaining that has takenplace that would impact off-duty use?Answer: It’s still early

L LRIS
LRIS on 02/04/2023

Firefighter Schedule Change Illegal Discrimination

Anthony Copeland, a former firefighter of 26 years, was elected mayor of the City of East Chicago, Indiana in 2010. Shortly after he was elected, Copeland implemented certain cost-cutting measures to address the City’s deficit. One such effort was freezing the salaries and benefits of East Chicago f

L LRIS
LRIS on 02/04/2023

Union Fails To Timely Demand To Bargain Over Pension Changes

Deputy sheriffs in Orange County in California are represented by the Association of Orange County Deputy Sheriffs (AOCDS). The Orange County Employees Retirement System (OCERS) provides retirement benefits for AOCDS members. The County makes employer pension contributions to OCERS and collects empl

L LRIS
LRIS on 02/04/2023

No Religious Freedom Exception To Photographs In Uniform

Thomas Swartz was a firefighter working for the Bourne Fire Department in Massachusetts. All members of the Department had an identification card as well as an accountability tag. Both featured a picture of the firefighter. The photographs on the identification cards and accountability tags were inc

L LRIS
LRIS on 02/04/2023

Council Member’s Comments Do Not Establish Bias

Steve Jones was a supervisor for the paramedic program within the City of Loma Linda’s Fire Department in California. In January 2014, one of the employees who Jones supervised punched a patient. The employee told Jones about punching the patient. Jones failed to report the incident and when the inc

L LRIS
LRIS on 02/04/2023

Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email

This is a follow-up to the article Qualified Immunity Shields Employer From Liability For Illegal Dropbox Search in the June 2022 issue of Public Safety Labor News.Steven Bowers was a detective sergeant for the Taylor County Sher­iff’s Department in Wisconsin. In February 2017, the Department was wo

L LRIS
LRIS on 02/04/2023

PTSD Caused By Shooting, Not Gradual Stress

William Marx was employed by the Las Vegas Metropolitan Police Depart­ment for 21 years and was a member of the SWAT team during the last ten years of his employment. In August 2018, Marx was involved in a shooting with an armed suspect who was barricaded inside the bathroom of an apartment for abou

L LRIS
LRIS on 02/04/2023

Officer Loses Job To Facebook Post

Shaina Kirkland served as a patrol officer with the City of Maryville’s po­lice department in Tennessee. While in that role, Kirkland periodically used her Facebook account to criticize the County Sheriff. Kirkland’s supervisors became concerned that her posts would under­mine the Department’s relat

L LRIS
LRIS on 02/04/2023

Officer’s T-Shirt Was Racially Insensitive But Not Overtly Racist

Jeffrey Layman is a police officer in Peoria, Illinois. On January 10, 2018, the City received a complaint from a local pastor about social media posts made by Layman. One post showed a photo on social of Layman wearing a t-shirt with the word “POLICE” on it, under which were the letters “BDRT” and

L LRIS
LRIS on 01/05/2023

Not Unconstitutional To Bar Recording IA Interviews

Cincinnati residents may lodge police misconduct complaints with the City’s Citizen Complaint Authority. The Authority consists of a team of investigators, an executive director appointed by the city manager, and a seven-person board appointed by the mayor. In response to a complaint, the Authority

L LRIS
LRIS on 01/05/2023

Member Cannot Bring Bad Faith Bargaining Charge Against Union

Lodge 93 of the Fraternal Order of Police represents two collective bar­gaining units at the Orange County Sheriff’s Department in Florida. One is made up of deputies and another of sergeants and corporals.On August 4, 2022, the Sheriff’s Negotiation Team presented a wage proposal to address several

L LRIS