AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Civilian Review
As
an independent constitutional officer, a Florida Sheriff does not derive
his authority from the County’s charter or the board of county commissioners,
and is neither generally accountable to the Board for his conduct in office
nor subject to the board’s direction in the fulfillment of his duties.
A citizen review board with members appointed by county commissioners infringes
on the sheriff’s constitutional powers. Demings v. Orange Co. Citizens
Review Bd., #5D08-1063, 2009 WL 1490778, 2009 Fla. App. Lexis 6554 (5th
Dist.).
Appellate court finds that
Berkeley’s Police Review Commission had a duty to (1) maintain the confidentiality
of its investigatory records and findings, (2) close its evidentiary hearings
to the public and (3) afford all officers all rights and protections provided
by the California Public Safety Officers Procedural Bill of Rights Act.
Berkeley Police Assn. v. City of Berkeley, #A118537, 167 Cal.App.4th 385,
84 Cal.Rptr.3d 130, 2008 Cal. App Lexis 1567 (2008).
Florida appellate court upholds subpoenas
that were served on the Miami police chief. Civilian oversight panel was
lawfully seeking information about the chief's free use of a car from an
auto dealer for more than a year. Timoney v. Miami Civilian Investigative
Panel, #3D08-677, 2008 Fla. App. Lexis 13452 (3rd Dist.).
A badly divided Nevada Supreme Court rules
that the Las Vegas Citizen Review Board has authority to subpoena police
officers to answer questions on whether they have violated department policies.
Las Vegas Police Prot. Assn. v. Eighth Jud. Dist. Court, #44677, 2006 Nev.
Lexis 32, 122 Nev. Adv. Op. No. 21 (2006). {N/R}
A California county civil service commission
can not require police officers to assume the burden of refuting a civilian
review board's findings of misconduct. Caloca v. Co. of San Diego, #D038059,
2002 Cal. App. Lexis 4694 (Cal. App. 4th Dist. 2002). {N/R}
City did not have to bargain
over the creation of a police civilian review board. FOP L-5 v. Penn. Labor
Rel. Bd., 27 A.2d 1187, 1999 Pa. Commw. Lexis 217. [1999 FP 163-4]
California appellate court holds that negative
findings by a police civilian review board, although nondisciplinary and
advisory, might impair career advancement. Officers were entitled to a
name-clearing hearing before the Civil Service Cmsn. Caloca v. Co. of San
Diego, 1999 Cal. App. Lexis 569, 72 Cal.App.4th 1209, 85 Cal.Rptr.2d 660.
[1999 FP 115]
N.Y. City's "Independent Police Investigation
and Audit Board" upheld in a court challenge. Mayor of N.Y. v. Council
of N.Y., # 401042/98, Sup.Ct., N.Y. Co. (8-31-99). Prior decis. at 35 A.D.2d
230, 651 N.Y.S.2d 531, 1997 N.Y. App. Div. Lexis 65. {N/R}
City not required to bargain with the union
before creating an advisory citizen panel to review police misconduct complaints.
Boston (City of) and Boston Police Super. Ofcrs. Fed., 104 LA (BNA) 327
(Drapeau, 1995). [1995 FP 131-2]
Appellate court upholds subpoena powers of
San Diego County citizen law enforcement review board. Dibb v. County of
San Diego, 23 Cal.Rptr.2d 64, 18 Cal.App.4th 1520 (1993); affirmed #S035914,
8 Cal.4th 1200, 884 P.2d 1003, 36 Cal.Rptr.2d 55, 1994 Cal. Lexis 6214
(1994). [1994 FP 19-20]
Police officers have no legal right to insist
that internal affairs complaints be investigated by other sworn police
officers. Caruso v. Ward, 516 N.Y.S.2d 881 (Misc. 1987). The case involved
a fight over the NYPD Review Boar Also see above case at 490 N.Y.S.2d 774,
111 A.D.2d 691 (1985). {N/R}
A police review board cannot preempt the
power, created by city charter, of a city manager and police chief to manage
the police department. Brown v. City of Berkeley, #35371, 57 Cal. App.
3d 223, 176 Cal. App. Lexisw 144, 129 Cal. Rptr. 1 (1976). {N/R}