Rick Poulson interviews attorney Lance LoRusso, founder of the Blue Line Institute. They discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.

This month’s cases:

Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 Conn. 452 (Conn. 2024).

Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).

An update on mandatory vaccine policies:

• Jacobson v. Massachusetts, 197 U.S. 11 (1905).
• County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff’s Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).

LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers’ Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).

Welcome Rick Poulson to the LRIS First Thursday Podcast!

April’s First Thursday podcast is a special two-person affair as LRIS Executive Director, Rick Poulson, joins Will as cohost. Rick talks about his background, how he became a labor attorney, and helps Will break down this months cases.

Cases:

Burden Of Proof Is On Employer To Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024).
Related case: State v. Jackson.

Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).

State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024)

‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023).

Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.).

Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).

When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).

Good news on the economy and inflation

• The Bureau of Labor Statistics CPI data
• From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery

This month’s cases

• Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023)
• Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023)
• Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023)
• What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).

The recurring attack on binding disciplinary arbitration.

Will Aitchison covers a study from the Mackinac Center for Public Policy entitled “How To Improve Policing Through Collective Bargaining Reforms.” He covers its fatal flaw, and why law enforcement unions must be aware of it.

• View the press release.
• View the study.

Cases:

Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023).

‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023).

Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).

This month’s cases:

Cell Phone Warrant Of Officer’s Phone Too Broad, Commonwealth v. Sukhadia, 2023 WL 7409309 (Penn. Super. 2023).

Township Violates Free Speech Rights By Banning Thin Blue Line Flag, Pennsylvania State Lodge v. Township of Springfield, 2023 WL 7547494 (E.D. Penn. 2023).

Firefighter’s Union Loses Challenge to Arbitrator’s Opinion, Tamburo v. City of Stamford, 2023 WL 7540719 (Conn. Super. 2023).

Union President Can Waive Union’s Bargaining Rights, City of Methuen, 2023 WL 7184541 (MA LRC 2023).

A special Christmas offering:

Duck: The Police

Current Events

The latest development in A.I. and policing: The City of San Jose signs on to use Benchmark Analytics’ First Sign Early Intervention System.

How are cities dealing with the recruitment and retention crisis?

Cases

• Consent Decree Does Not Impair Bargaining Rights, City of Newark v. Fraternal Order of Police, 2023 WL 6439402 (NJ App. 2023).
• Officer’s Brady Suit Can Proceed Pseudononymously, Doe v. Town of Lisbon, 2023 WL 5266283 (1st Cir. 2023).
  • Other Brady developments: New amendment to Florida’s Law Enforcement Officers’ and Correction Officers’ Rights statue dealing with placement on Brady lists.

This month’s cases:

Officers Entitled To Privacy About Participation In January 6 Rally, Jane Doe 1 v. Seattle Police Department, 2023 WL 4182193 (Wash. App. 2023). Download this case.

Department’s Garrity Failure Results In Reinstatement, Foltz v. City of St. Louis, 2023 WL 5688659 (Mo. App. 2023).

When Are Text Messages A Matter Of Public Concern, Prince George’s County v. Brooks, 2023 WL 5318327 (Md. App. 2023). Download this case.

‘National Police Association’ Loses Defamation Lawsuit
View the NPA’s Form 990.

The persistence of the recruitment and retention crisis in public safety.

Related stories:

• A California city offered a $75,000 bonus to new cops. These departments are trying to keep up.
• Some small towns in America are disbanding police forces, citing hiring woes.

The Cases:

• When Is An Employer Liable For Pre- And Post-Shift Work? Perry v. City of New York, 2023 WL 5490572 (2nd Cir. 2023).
• Officer Had Due Process Right To Review Third-Party Video Before Interview, City of Akron, 23-2 ARB ¶8218, (Goldberg, 2023).
• The Key Elements Of A Past Practice, City of Easton, 55 PPER ¶ 3 (Penn. LRB Hear. Off. 2023).

This month’s cases:

Florida Court Upholds Termination Of CO For Medical Marijuana Use, Ortiz v. Department of Corrections, 2023 WL 4101330 (Fla. App. 2023).

No Weingarten Rights When Merely Receiving Counseling Memo, Madison County Deputy Sheriff’s Association, 56 PERB ¶ 4541 (NY PERB ALJ 2023).

No Privacy Right To Masturbate While On Duty, Demill v. Peace Officer Standards and Training Council, 2023 WL 3637408 (Utah App. 2023).

Transfer To Rotating Shift Not ‘Adverse Action,’ Naes v. City of St. Louis, 2023 WL 3991638 (8th Cir. 2023).

Employer Liability For Co-Worker Sexual Harassment, Stein v. United States, 2023 WL 3993014 (3rd Cir. 2023).

Important cases from the Supreme Court.

Groff v. Dejoy

Students For Fair Admissions, Inc. v. President And Fellows of Harvard College

Muldrow v. City of St. Louis

Latest news:

NYPD signs new uniformed officers contracts.

New EEOC Guidance on When the Use of Artificial Intelligence in Selection Procedures May Be Discriminatory

Arbitrator Orders In-Person Rather Than Video Hearing

Department of Veterans Affairs, 2023 BNA LA 75 (Bonney 2023). National Academy of Arbitrators Opinion 26