First Thursday

Latest Episodes:

Proposed Police Reform Legislation, Part 2 Jun 17, 2020

Show notes

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.

Proposed Police Reform Legislation Jun 17, 2020

Show notes

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

Ten Rules For Police Officer Social Media Posts Jun 07, 2020

Show notes

Introduction (00:05:43)
The Rules
1. Your First Amendment rights are very limited. (00:07:04)
2. Just because something is an Internet meme doesn’t mean you can post it. (00:08:40)
3. Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41)
4. 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)
5. Be positive with your posts, not negative and critical. (00:10:48)
6. 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)
7. Think: Who are your “friend.” (00:12:35)
8. Ask yourself – can someone figure out that I’m a police officer from my social media profile or my prior posts? (00:13:20)
9. Your credibility can be called into question by what you’ve posted online. (00:14:14)
10. Think about your job, your family, and your safety. (00:14:52)

Download the audio file (without introduction)

First Thursday, June 2020 Jun 04, 2020

Show notes

Cases covered:

ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit, 2020 WL 2505385 (Mich. App. 2020)
A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts, 2020 WL 2568536 (Utah 2020)
One-Year Membership Period Does Not Violate Janus, Molina v. Pennsylvania Social Service Union, 2020 WL 2306650 (M.D. Pa. 2020)
Employer Required To Bargain When State Passes Paid Family And Medical Leave Law, Whatcom County Deputy Sheriff’s Guild, 2020 WL 2615650 (Wash.Pub.Emp.Rel.Com. 2020)

Don’t miss our special First Thursday bonus podcast: The Challenges Facing Police Unions In Today’s Environment.

The Challenges Facing Police Unions In Today’s Environment Jun 04, 2020

Show notes

In this special bonus podcast, Will discusses the recent controversies in policing, how they affect public safety unions and what unions can do to fight the trend.

Headlines (00:00:42)
Ten things police unions should be thinking about doing (00:05:16)
1. Engage at all levels (00:08:21)
2. Listen (00:10:38)
3. Get your message out (00:12:15)
4. Be proactive (00:20:18)
5. React professionally (00:23:21)
6. Meet with local politicians (00:28:43)
7. Build relationships with other unions (00:29:41)
8. Establish a community presence (0032:06)
9. Stop being aligned with one political party (00:37:04)
10. Create and expand upon your online presence (00:39:45)

Articles mentioned in the podcast:

Labor And Employment Implications In The Public Safety Workplace Of COVID-19 May 25, 2020

Show notes

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)

First Thursday, May 2020 May 07, 2020

Show notes

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 masks
https://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).

First Thursday, April 2020 Apr 01, 2020

Show notes

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)

COVID-19 Policy Issues Mar 29, 2020

Show notes

Will Aitchison presents COVID-19 policy issues in a Q&A format. The questions along with their timestamps are as follows:

Is the employer’s policy centralized? In other words, is there a single document that includes all aspects of your policy as opposed to a dozen different documents in a dozen different forms? (00:01:36)
Does the employer have a medical professional available on a 24/7 basis? (00:02:40)
Has the employer made arrangements for drive-through or other expedited COVID-19 testing? If so, can asymptomatic employees who are not in any high risk group participate in the testing? (00:03:31)
Are vehicles properly stocked with supplies? (N-95 respirator, disposable gloves, gowns, eye protection, contamination bags) (00:04:52)
Is the employer required to conduct routine cleaning and disinfection of stations, vehicles, and other work sites? (00:05:56)
Does the employer have procedures in place for first responders who encounter an individual who is displaying symptoms consistent with COVID-19? (immediate supervisory review, EMS transport, don’t bring to police station, disposal of PPE, etc.) (00:07:01)
If an employee has an on-the-job exposure to an individual who has displayed symptoms consistent with COVID-19 . . . (00:09:40)
a. Does the policy define what an “exposure” is?
b. Is the employee required to contact a supervisor?
c. Will the employee be ordered to leave work? (symptomatic, asymptomatic)
d. If so, will the employee be ordered to self-quarantine?
e. If so, for how long?
f. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
If an employee has an on-the-job exposure to an individual who has tested positive for COVID-19 . . . (00:17:13)
a. Is the employee required to contact a supervisor?
b. Will the employee be ordered to leave work?
c. If so, will the employee be ordered to self-quarantine?
d. If so, for how long?
e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
If an employee displays symptoms consistent with COVID-19 . . . (00:18:25)
a. Is the employee required to contact a supervisor?
b. Will the employee be ordered to leave work?
c. If so, will the employee be ordered to self-quarantine?
d. If so, for how long?
e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
If an employee has an off-the-job exposure to an individual who has displayed symptoms consistent with COVID-19 . . . (00:20:14)
a. Is the employee required to contact a supervisor?
b. Will the employee be ordered to leave work? (symptomatic, asymptomatic)
c. If so, will the employee be ordered to self-quarantine?
d. If so, for how long?
e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
If the employee tests positive for COVID-19 but is asymptomatic, what happens? (00:20:43)
If an employee tests positive for COVID-19, are other employees who came into contact with that employee notified? (00:22:22)
Is the employer requiring doctor’s notes for employees absent from work for COVID-19 reasons? (00:25:07)
How will the workers’ compensation/pension system treat employees who test positive for COVID-19? Who are simply exposed to COVID-19? (00:28:14)
If the employee is ordered to self-quarantine, will the employer provide a pre-paid quarantine location? (hotel) Do the employer’s quarantine-at-home policies change if the employee lives with one or more individuals who are at risk? (compromised immune system, medical condition, age, etc.) (00:32:29)
Is the employer offering flexible schedules for employees with childcare needs caused by COVID-19? (00:35:49)
What is the employer’s telecommuting policy? Who can telecommute? (00:41:58)
Do first responders receive any form of hazardous duty pay? (00:43:44)
How does the policy relate to the employee’s regular leave accrual? (Allowing relaxation of leave accrual caps so an employee doesn’t lose accruals, especially where an employer has cancelled pre-approved leave. Leave borrowing against future accruals for COVID related absences). (00:47:20)
If an employer has “opted-in” to the FFCRA for first responders, do those benefits run concurrently with whatever is offered under the employer’s policy? (00:50:33)