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Employment & Labor Law for Public Safety Agencies
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Financial & Personal Disclosure Requirements
Monthly Law Journal Article: Financial
Disclosure Requirements, 2007 (10) AELE Mo. L. J. 201.
White House revises Executive Order No. 13279
(2002) to require more transparency in funding. Fundamental Principles
and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood
Organizations (Nov. 17, 2010).
DC Circuit, in a split opinion, finds that the
compelled production of financial records can violate the self-incrimination
clause of the 5th Amendment. U.S. v. Hubbell, #98-3080, 1999 U.S. App.
Lexis 942, 167 F.3d 552 (D.C. Cir.). [1999 FP 55-6]
Federal appeals court upholds use of drug
use questionnaire for a wide range of Treasury Dept. employees. Employees"
privacy considerations were overridden by nature of their official duties.
Nat. Trsry. Emp. Union v. Dept. of Treasury, 25 F.3d 237 (5th Cir. 1994).
[1995 FP 87]
President Clinton revises guidelines on federal
security clearances. It imposes a new set of financial disclosure requirements.
"Access to Classified Information," Executive Order 12968, reprinted
at 1995 (2) U.S. Code Cong. & Ad. News B80-B91. {N/R}
Federal Court grants a union a preliminary
injunction against financial and personal disclosure requirements for U.S.
Customs employees not assigned to drug interdiction positions. NTEU v.
U.S. Dept. of Treasury, 838 F.Supp. 631, 1993 U.S. Dist. Lexis 17100, 9
IER Cases (BNA) 1 (D.D.C. 1993). [1994 FP 73]
Pennsylvania appellate court upholds termination
of public employee who omitted his real estate holdings on the mandatory
financial disclosure form. Golston v. Dept. of Community Affairs, 550 A.2d
292 (Pa. Cmwlth. 1988).
Federal appeals court upholds use of financial
and personal background questionnaires for police officers seeking transfer
to special investigations units. Fraternal Order of Police v. City of Philadelphia,
859 F.2d 276 (3rd Cir. 1988) and 812 F.2d 105 (3rd Cir. 1987).
Hawaii Supreme Court upholds financial reporting
requirements for designated employees. Nakano v. Matayoshi, 706 P.2d 814
(Haw. 1985).
Former FBI agent indicted for omitting indebtedness
on federal disclosure form. U.S. v. Frank R. Olivis Jr., U.S. Dist. Ct.,
(E.D. Pa. 1985).
City could require its employees to disclose
list of all property owned by them in city limits. Evangelista v. City
of Rochester, 580 F.Supp. 1556 (W.D. N.Y. 1984).
Federal appeals court upholds New York financial
disclosure law applicable to fire and police personnel. Barry v. City of
New York, 712 F.2d 1554 (2d Cir. 1983); cert. den. 464 U.S. 1017.
Failure to comply with vehicle financial
responsibility law is not conduct unbecoming. Twp. of Fairview v. Saxe,
457 A.2d 1014 (Pa. Cmwlth. 1983).
City has right to require officers to complete
financial questionnaire; suspensions upheld. O'Brien v. Municipal Court
of Boston, 407 N.E.2d 1297 (Mass. App. 1980).
Financial disclosure, polygraph testing and
psychological evaluations upheld in Florida sheriff's office. Fraternal
Order of Police L-92 v. Freeman, #78-932-CA-17 (16th Jud. Cir. Ct. 1978);
upheld on appeal at 372 So. 2d 945, 1979 Fla. App. Lexis 15384; cert. den.,
383 So. 2d 1194, 1980 Fla. Lexis 4759 (1980). {N/R}