AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Civilian Review
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}