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Do You Know the Boundaries Under Garrity?
Garrity Use Immunity: A Guide for Investigators
Public Agency Training Council (PATC) articles
By Richard E. Lober, J.D.
A statement of a public employee and evidence derived from any statement cannot be used against that employee in a criminal prosecution when the statement is taken under threat of potential termination of employment. Such a statement is considered “coerced” under the 5th/14th Amendments of the U.S. Constitution. Garrity v. New Jersey, 385 U.S. 493 (1967).
Video-Millennials in the Workplace
Simon Sinek - Millennials in the Workplace.
Simon Sinek speaking about Millennials in the workplace of today,https://www.youtube.com/watch?v=5MC2X-LRbkE
The following video is an excerpt from an episode of Inside Quest with Tom Bilyeu. Full credit to Inside Quest.
The FTO Process- A Once in a Career Opportunity
The probationary employment period presents public safety leaders with a unique opportunity to evaluate performance, identify “red flags” and take proactive measures to address misconduct. For most officers, the close supervision and continual feedback that they receive from their Field Training Officers (FTOs) during this period will not be replicated for the entirety of their career. If, during this period, FTOs find probationary officers to demonstrate fundamental job deficiencies, there is no better time to have the difficult but critical conversation concerning whether the officer is salvageable.
An Article from the Dolan Consulting Group
New Partnership to Deliver High Quality Training Opportunities
The Northwest Illinois Criminal Justice Commission (NICJC) has begun a new partnership with the Dolan Consulting Group for the delivery of high quality training via the NICJC's distant learning network.
The project will deliver supervisory & administrative training in two-hour segments to the NICJC region. The Illinois specific training will provide chiefs/sheriffs with training qualified to meet their annual 20-hour training mandate.
Objectively labeling a collision as preventable can sting, but it can also nurture good judgement
By David Kinaan | Oct 31, 2017
Caliber Press article
The term “preventable” can be a hard word to stomach—especially when you were just involved in a traffic collision that may have been your fault. It might imply that you should have known better and you did something wrong or failed to take an action that would have avoided the collision. Not an easy thing to accept when you’re a cop.
Estimating the Cost of a Problem Officer
Richard R. Johnson, Ph.D.
Dolan Consulting Group- Research Brief
Law enforcement is a high-liability profession. Lawsuits against law enforcement officers and agencies absorb an inordinate amount of personnel time and agency resources. Officers and supervisors have to be interviewed or deposed, attorney fees have to be paid, documents have to be gathered and copied, meetings are held with city officials, and insurance companies must be consulted. It all results in one expensive, time-consuming mess.
The Patrol Officer's Perspective on Rewards and Punishments
The Patrol Officer’s Perspective on Rewards and Punishments
Dolan Consulting Group - Research Brief Richard R. Johnson, Ph.D.
Decades of extensive research in psychology has revealed that people respond to rewards and punishments in the workplace.1Law enforcement officers are no exception. We are generally motivated to engage in, or refrain from, specific behaviors because of the rewards and punishments associated with those behaviors.
Private industry often links pay and other rewards to specific employee performance goals. High performance often results in pay raises, swift promotions and bonuses. Failing to live up to the performance standards in the private sector often means that a potential year-end pay bonus is denied or that an under-performing employee will be included in the company’s next round of reduction-in-force layoffs.
In the public sector, however, we usually do not think of using employee rewards. This is, at least in part, due to the nature of civil service rules that make using formal rewards difficult. Public sector employers generally cannot offer pay bonuses or an unscheduled promotion to reward excellent work.
How Trump Can Help the Cops
from the magazine - City Journal
How Trump Can Help the Cops
The administration must change the Obama narrative that policing is the problem.
Heather Mac Donald Spring 2017
Donald Trump vigorously defended law enforcement during his presidential campaign. He pledged to restore order to the nation’s cities—where violent crime is surging—and to reinvigorate the rule of law. His appointment of conservative Republican senator Jeff Sessions as attorney general was a strong signal that Trump’s words were more than campaign rhetoric. Now that the Trump administration and the Sessions-led Justice Department are up and running, where should they focus their efforts?
Verbal Contact and Cover Protecting Your Colleagues and Your Profession
Verbal Contact and Cover Protecting Your Colleagues and Your Profession
Chief Harry P. Dolan (Ret.)
Far too often today, I believe, police officers are being ‘rope-a-doped’ by manipulative people out on the street. Taken from the tactic famously employed by boxing legend Muhammad Ali, the ‘rope-a-dope’ is when a challenging or manipulative person says things that are intentionally crafted to get under your skin, make you angry, and get you to act unprofessionally. YouTube© is filled with videos of officers who have fallen prey to the rope-a-dope by a citizen who has taunted the officer into acting like a “dope”. Individuals and organized groups with anti-police agendas are actively trying to entice officers to act inappropriately so that they can catch the officer’s reaction on video and become the next viral video sensation.
Why Priority Management Trumps Time Management
“Time management is an oxymoron. Time is beyond our control, and the clock keeps ticking regardless of
how we lead our lives. Priority management is the answer to maximizing the time we have.”
– John C Maxwell
, best-selling author, speaker, & consultant on Leadership.
If you’re a knowledge worker, you’re probably undervaluing your time. If you waste a lot of time doing administrative things, creating your own systems and hacking excel, Google docs, and the like, you’re probably not making the most of your time. There’s also likely rudimentary tasks that you should be outsourcing to save you time, whether it be asking someone else to help you, hiring a Task Rabbit
, or using a 3rd party tool or service.
Do You Have Someone Else's Monkey on Your Back?
Management Time: Who’s Got the Monkey?
Editor’s Note: This article was originally published in the November–December 1974 issue of HBR and has been one of the publication’s two best-selling reprints ever.
For its reissue as a Classic, the Harvard Business Review asked Stephen R. Covey to provide a commentary.
Why is it that managers are typically running out of time while their subordinates are typically running out of work? Here we shall explore the meaning of management time as it relates to the interaction between managers and their bosses, their peers, and their subordinates.
Specifically, we shall deal with three kinds of management time:
IACP Guide-Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law Enforcement
A resource and information page from the International Association Chief's of Police website. This information will be useful if your are developing your Organizational Accountability:Managing Use of Force policy.Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law EnforcementProtecting Civil Rights:A Leadership Guide for State, Local, and Tribal Law EnforcementPrepared by the International Association of Chiefs of PoliceSeptember 2006Download PublicationPart 1: Executive Summary, Acknowledgements, Table of Contents, Chapters 1 to 2 Part 2: Chapters 2 to 5 Part 3: Chapters 6 to 8, Appendices Order Printed Copy from COPs: Publication Request Form (PDF Fax Form)The effectiveness of the police depends on the trust and confidence of the community. If civil rights of individuals or groups within a community are compromised, public trust and confidence in the police are diminished. Without trust, police become less legitimate in the eyes of the public. Compromised relations with the community result in strained relations and in less effective law enforcement. With funding from and collaboration with the Office of Community Oriented Policing Services (COPS), a component of the US Department of Justice, IACP produced this guide as a comprehensive overview of the civil rights issues and challenges that face today's law enforcement leaders. The guide describes the processes by which agencies with alleged "pattern or practice" civil rights violations are investig
Article- Inconsistent Employee Discipline
Richard R. Johnson, Ph.D.November, 2016Have you ever tried to suspend or terminate an employee for a serious act of misconduct, only to have this discipline reversed by a judge or grievance arbitrator? If so, you are not alone. Current research reveals that 5 out of 10 public employees are successful in having their discipline overturned when challenging their employers at arbitration or in court.To address this issue, the Dolan Consulting Group recently conducted an analysis of more than 500 cases of public employee suspensions and terminations that went on to review by some form of outside arbitrator. These cases came from police departments, fire departments, sheriff departments, transportation departments, public works departments, county highways departments, airports, prisons, and parks & recreation departments. In approximately 50% of the cases, the outside arbitrator reversed or reduced the employer's discipline, reinstating the employee back to work. In our analysis, we examined the justifications these arbitrators gave for their decisions, finding that arbitrators often gave multiple reasons for overturning an employer's discipline. The most common reason the arbitrators cited for overturning a public employee's suspension or termination was inconsistent discipline.Inconsistent Discipline Inconsistent discipline occurs when two employees, who have similar past work records, commit similar acts of employee misconduct but receive significantly different sentences.
IACP 2006 article- Unconstitutional Policing: The Ethical Challenges in Dealing with Noble Cause Corruption
Police Chief Magazine | Unconstitutional Policing: The Ethical Challenges in Dealing with Noble Cause CorruptionBy Thomas J. Martinelli, J.D., Adjunct Professor, Wayne State University, Detroit, MichiganWhen uncovered as a pattern or practice, the police crimes defined as noble cause corruption can result in constitutional rights litigation that can financially cripple agencies. In promoting police integrity, the U.S. Department of Justice repeatedly emphasizes the duty of law enforcement agents to respect the value and dignity of every person, including criminal citizens.1 The Department of Justice has recently emphasized this message, and has entered into consent decrees with cities stemming from allegations of patterns of police abuse of authority.Rogue officers are tempted to engage in noble cause corruption in situations where they perceive no administrative accountability and decide to push the constitutional envelope, even though police must know and respect the constitutional laws upon which their very authority is derived. Departmental leaders must address noble cause corruption by defining what it is, what fosters it, and how to eliminate it.What Is Noble Cause Corruption?Noble cause corruption in policing is defined as "corruption committed in the name of good ends, corruption that happens when police officers care too much about their work. It is corruption committed in order to get the bad guys off the streetsthe corruption of police power, when officers do bad t
Overtime Pay Entitlement for Public Safety Employees Under the Fair Labor Standards Act (FLSA)Part 2
Cite as: 2016 (10) AELE Mo. L. J. 201 Employment Law Section October 2016Overtime Pay Entitlement for Public Safety Employees Under the Fair Labor Standards Act (FLSA)Part 1 (Last Month) Introduction Overtime in General Administrative and Executive Exemptions Part 2 (This Month) 7K Exemption Small Departments and Agencies Eleventh Amendment Immunity Part 3 (Next Month) Donning and Doffing Uniforms & Equipment Canine Officers Resources and ReferencesThis is a three-part article. To read part 1, click here.7K Exemption The Fair Labor Standards Act (FLSA) provides a partial overtime exemption for fire protection and law enforcement personnel employed by public agencies on a "work period" basis. 29 U.S.C. 207(k). Section 7(k) states that "[n]o public agency shall be deemed to have violated subsection (a) of this section [requiring the payment of overtime compensation] with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions)" if an employee receives overtime compensation in accordance with the tours of duty described in section 7(k). Overtime guidelines for law enforcement personnel include maximum hours standards (before overtime compensation is required) for work periods between 7 and 28 consecutive days.202This does not mean no overtime. It merely alters the time period over which overtime is calculated. The employer is responsible for s
Research - The State of Policy in Law Enforcement 2016
PowerDMS and the Police Foundation surveyed over 100 law enforcement leaders from across the US. We asked how often they update policies, how to best ensure officers see those policies, and how they train on suspect and community interaction. The results - your agency's benchmark for policy and training excellence - are presented in this critical report.This study will help youbetter understand the role policies and training play in protecting officers and agencies' reputations from harm. We hope this resource helps you benchmark your agency against current law enforcement trends in the U.S. What you'll learn from this report: The practical methods agencies use to ensure policy effectiveness The top 10 training focuses in law enforcement today Forward-thinking ways agencies are ensuring training effectiveness (including virtual reality)
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