When is the Department obligated to meet and confer with the Association?

The Department must meet and confer with LAAPOA representatives whenever there is a proposed change which effects the wages, hours, and other terms and conditions of the employment of LAAPOA members. The duty to bargain requires both the City and LAAPOA to meet and confer on matters within the scope of representation and fully consider […] Read More »

What is a grievance?

Section 3304(f) of the Public Safety Officers Procedural Bill of Rights Act provides that if, after a Skelly hearing the Department decides to impose discipline, it must notify the officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of the decision. Read More »

What should I do if I am involved in a critical incident?

A critical incident is a serious injury or death caused by an officer’s operation of a motor vehicle or the application of force, and most often include officer-involved shootings. Although required to make a public safety statement, the officer should provide only a brief narrative outline of the general circumstances surrounding the critical incident, for […] Read More »

What is a Skelly hearing?

The constitution requires that prior to imposing discipline against a permanent employee, that employee must be provided the materials relied upon in imposing the discipline and an opportunity to speak with the decision-maker to potentially change his or her mind. This is referred to as a Skelly hearing, named after the Supreme Court case establishing […] Read More »

Do I have to answer questions by Internal Affairs, if my responses could subject me to criminal prosecution?

An accused officer cannot refuse to answer questions in an Internal Affairs interrogation and assert the Fifth Amendment right against self-incrimination without fear that the Department may discipline the officer for insubordination. Thus, an accused officer may be forced to provide a compelled statement, which may be inadmissible in criminal prosecution against the officer, but […] Read More »

How long does the Department have to complete an Internal Affairs investigation?

The Public Safety Officers Procedural Bill of Rights Act clearly states that Internal Affairs investigations must generally be completed within one (1) year from the date someone authorized to initiate an investigation discovers the incident giving rise to the investigation. There are several exceptions to this statute of limitation, the most prevalent of which is […] Read More »

When am I entitled to legal representation in the disciplinary process?

You are entitled to legal representation any time you are questioned by your Department about matters that could lead to punitive action. Generally, witnesses are not entitled to legal representation unless the answers that they provide could lead to punitive action against them. However, officers should be aware that while the Department may claim the […] Read More »