A Three-Day Program For:
Chiefs and public safety administrators ~ Internal affairs investigators ~ City/County Attorneys ~ Union/association officials ~ Personnel administrators ~ Civil service commissioners

PROGRAM CONTENT

Program Introduction-
· Discipline Overview ~ Discipline Litigation ~ Substantive and Procedural Due Process ~ Substantive Rules of Conduct ~ Constitutional Considerations ~ Exempt & Nonexempt Personnel

First Amendment Related Conduct
· What is Covered ~ Speech Issues ~ Public Interest & Private Interest Speech ~ Association Rights ~ Political Activity ~ Criticism of Superiors ~ Chain of Command Rules ~ Protected and Unprotected Speech ~ Sexual Activity ~ Hairstyles & Grooming ~ Consistency Problems ~ Prior Restraint ~ Exempt Employees ~ The Balancing Test ~ Damage Suits

Conduct Unbecoming Rules
· Use of the Rule ~ Vagueness Problems ~ Relationship to Other Rules ~  Off-Duty and On-Duty ~ Common Pitfalls ~ Drafting Charges ~ Notice Problems ~ Consistency Problems ~  Examples of Conduct Unbecoming ~ Scope of Rules ~  Drafting Rules ~ Use for Disciplinary Action ~ Rule Interpretation

Disciplinary Procedures
· Procedural Due Process ~ Who Prosecutes ~ Closed or Open Hearings ~ Witnesses ~ Use of Hearsay ~ Case Preparation ~ The Decisional Process ~ Evidentiary Issues ~  Burden of Proof ~ Progressive Discipline ~ Appeal Rights

Disciplinary Investigations
· The Complaint Process ~ Investigation Procedures ~  Locker, Car and Desk Searches ~ Telephone Monitoring ~ E-mail and Computers ~ Videotaping ~  Representation ~ Witness Statements and Interviews ~ Disclosure of Investigation ~  Procedural Bill of Rights ~ Record Keeping ~ Investigation Review ~ Types of Complaints

Disciplinary Interrogations of Employees
· Purpose ~ Relevancy to Job Duties ~ Interview Warnings ~ Advice of Rights ~  'Garrity' Warnings ~ Use of Polygraph ~ Right to Representation ~ Time, Place and Manner ~ Grand Juries ~  Use by Prosecutors ~ Truthfulness Warnings ~ Direct Orders to Answer

Rotation and Reassignment
· Use as a Punishment ~ Lateral Transfers ~ Entitlement Issues ~ Use as Performance Criteria ~ Management Rights ~ Contract Provisions ~ Written Policies ~ Hearing Requirements ~ Economic Transfers ~ Loss of Pay or Other Benefits ~ Retaliation ~ Documentation

Rules of Efficiency
· Incompetence ~ Inefficiency ~ Secondary Employment ~ On and Off Duty Application ~ Residency  ~Sick Leave ~ Equipment and Property ~ Absence and Lateness ~ Financial Disclosure ~ Fitness for Duty ~ Job Performance ~ Criminal Conduct ~ Rules, Policies and Procedures ~ Agency and Supervisory Orders ~ Truthfulness and Reports

Discrimination Issues Related to Discipline
· Harassment Definitions ~  Harassment Complaints ~ Harassment Investigations ~ Harassment Policies ~ Disciplinary Action for Harassment ~ Preventive Measures ~ Other Harassment Considerations ~ Denial of Equal Protection ~ Race and Sex Issues in Discipline

Ethics Issues in Discipline
· Codes of Ethics ~ Relationship to Other Litigation ~ Ethics in the Decision Making Process ~ Role of Ethics in the Discipline Process

Electronic Research
· Use of AELE Web Site ~ Computer Technology ~ The "Virtual Investigation" (Electronic IA Investigations)

Employee Disciplinary Rights
· Right to Counsel/Representative ~ Access to Investigations ~ Use of Employee's Prior Record

Recent Developments
· Federal Legislation ~ Procedural Bill of Rights Laws ~ Disciplinary Punishment Matrix Systems ~  Components of Just Cause

Discipline Hearings
· Nature of Hearings ~ Burden of Proof ~ Evidence Issues ~ Preparing for Hearings ~ Types of Proceedings ~ Making and Protecting the Record ~ The Decisional Process

REMARKS _______________________________

* All training will be held at the hotel facility. Registration is from 8:15 to 9:00 a.m. on Monday. Class hours are 9:00 a.m. to 4:45 p.m. Monday and Tuesday, and 8:00 to 11:00 a.m. on Wednesday.

* Training or prior familiarity with legal procedures is not necessary. Instructional techniques are employed that will benefit both lawyers and lay personnel. Ample time will be allowed for questions. Participation by attendants is encouraged.

* Registration includes luncheons on Monday and Tuesday.

* The staff and speakers, as their schedules permit, will be available during the workshop to answer questions.

* Workshop attendance will be limited; seating will be arranged behind narrow tables to facilitate discussion. If a larger number of persons register than can be accommodated, those in geographical proximity will receive preference.


WORKSHOP MATERIALS__________

* Each attendant will be provided with a book containing copyrighted lecture outlines and case citations, plus a CD-ROM with in-depth articles written especially for this workshop. Attendants also get 30 days of online access to the subscriber-only areas of the AELE website (publications and 25 years of case summaries). In addition, attendants will receive the book The Rights of Law Enforcement Officers by Will Aitchison.

* Each attendant will receive a certificate of attendance.

MANDATORY CONTINUING LEGAL EDUCATION ___

* AELE has received approval for this course or AELE has been approved as a CLE provider in California and Nevada. Other states with MCLE requirements have accredited this seminar in prior years. For additional information, see www.aele.org/cle.html.

FACULTY_______________________

* Will Aitchison ~ Attorney, Portland, OR. Represents and advises municipal police unions in Portland, OR, and Anchorage, AK. Author of The Rights of Law Enforcement Officers, The Rights of Firefighters and three other books on public sector labor relations.

* Jeff Higginbotham, Esq. ~ Jeff Higginbotham is retired from the FBI where he served as a Special Agent, a legal advisor and legal instructor, and as an Assistant Director in charge of the Training Division. He is a former Chair of the IACP Legal Officers Section, and has been a frequent lecturer on employment, labor, discipline and civil rights matters.

* Mervin D. Feinstein ~ Former Deputy Chief of Police, Riverside, California. Internal Affairs and Discipline consultant with over 35 years experience. Frequent lecturer and consultant to California Peace Officers Association, California P.O.S.T. and many other organizations and institutions.

* Martin J. Mayer ~ Represents more than sixty California police departments in disciplinary, administrative and labor matters; has defended agencies in civil liability lawsuits; Legal Advisor to California Police Chiefs Association.

* Emory A. Plitt, Jr. (Course Director) ~ Judge, Harford County Circuit Court, Maryland. Former General Counsel, Maryland Department of Public Safety & Correctional Services and former County Attorney. Past Chair, IACP Legal Officers Section. Lecturer for FBI, IACP and AELE. Over 25 years experience in civil liability, discipline and personnel litigation in public safety agencies.

(Because of trial schedule changes or other unplanned events, we may have to engage substitute speakers with similar knowledge and experience).

HOTEL _________________________

Upon registering with AELE you will receive an attendant's memo outlining the workshop activities, along with hotel reservation information. A limited number of rooms have been blocked at the conference hotel until 30 DAYS PRIOR TO THE MEETING. Hotel reservations are the individual registrant's responsibility. The hotel rates quoted below are the maximum rates per night, negotiated by AELE. The costs may be less at the time the reservation is booked, due to promotional pricing offers.

LAS VEGAS: 2004 Workshop: Harrah's is located at 3475 Las Vegas Blvd., South, Las Vegas, Nevada 89109, (702) 369-5000 or (888) 458-8471 (for toll free reservations). 2004 Las Vegas Workshop: AELE has negotiated a maximum room rate of $89.00 per night, although the cost may be less at the time a person actually books their room, because of promotional pricing offers. If the room is booked on or before Friday, November 5, 2004, the group code for the maximum rate is S12DII4 (Sierra One Two Delta India India Four).

LAS VEGAS: 2005 Workshop: In 2005, all AELE Las Vegas workshops will be held at Alexis Park Resort Hotel, 375 E. Harmon, Las Vegas, NV 89109.  Telephone: (702) 796-3354 or toll-free (800) 582-2228. Room rate information will appear here shortly.

SAN FRANCISCO: 2005 Workshop The Holiday-Inn Golden Gateway is centrally located on the California Street cable car line at 1500 Van Ness Ave., San Francisco, California 94109, (415) 441-4000 or (800) 465-4329. Early booking rates were are $119.00 per night, single or double occupancy, plus a 14% room tax for the 2004 workshop. Rates for the 2005 workshop will appear here shortly.

TUITION ________________________

EARLY REGISTRATION: Fees for each workshop are:

$695.00 for the first person and $595.00 for each additional person from the same government agency or private employer (including the attorney for the entity), if you register with AELE before October 25, 2004 for the 2004 Las Vegas Workshop, before February 21, 2005 for the 2005 San Francisco Workshop, and before October 31, 2005 for the 2005 Las Vegas Workshop.

There is a $20.00 surcharge for the first attendant after the date indicated; there is no surcharge for additional attendants up to the time the program begins.


CANCELLATION POLICY___________

The tuition is fully refundable if cancellations are made before Monday, November 29, 2004 for the 2004 Las Vegas Workshop, before March 28, 2005 for the 2005 San Francisco Workshop, and before December 5, 2005 for the 2005 Las Vegas Workshop. Otherwise, a $75.00 cancellation fee will be charged per attendant. Upon written request, you may transfer your tuition to a future workshop.