A misunderstanding of officers’ due process rights on the part of agency leaders and IA investigators can have serious consequences for the agency, its officers, and the public they serve. A failure to give officers their “day in court” when it comes to even blatant violations of policy can mean that misconduct does not ultimately result in effective discipline when scrutinized by courts or arbitrators.
An inability to hold “bad apples” accountable as a result of due process oversights can substantially undermine public confidence. Also, disregard for due process can often result in undermining rank-and-file confidence in the fairness of agency leadership and the IA process.
Attorney Matt Dolan will discuss the fundamental due process rights to which law enforcement officers are entitled, the impact those rights must have on IA operations, and the impact of recent legislative actions on those rights. Topics covered will include:
- The basis of due process—officers’ right to their “day in court” when their job is on the line
- Officers’ “property interest” in their government employment
- Fundamental due process rights under Cleveland Board of Education v. Loudermill
- Deprivation of due process as the basis for reinstatement and/or financial compensation
- Evidence of unlawful discrimination or retaliation based on lack of due process
Matt Dolan is a licensed attorney in the State of Illinois, who specializes in training and advising public safety agencies in matters of labor and employment law. His practice experience focuses on employment discrimination claims brought under federal law, including Title VII of the Civil Rights Act of 1964 ("Title VII"), the Americans with Disabilities Act ("ADA"), and the Age Discrimination in Employment Act ("ADEA"). He received his Bachelor's Degree in Political Science from DePaul University and his J.D. from Loyola University Chicago School of Law.
Matt serves as a public safety instructor with Dolan Consulting Group. He has trained and advised thousands of public safety professionals throughout the United States in matters of legal liability related to personnel management.
IA Investigations and Due Process Rights for Officers | Hour 1
IA Investigations and Due Process Rights for Officers | Hour 2