After weeks of rumors of police officers having abandoned their posts before, during and after Hurricane Katrina, the City of New Orleans has fired forty-five police officers and six civilian employees for allegedly having done so. The fifty-one terminations, coupled with fifteen other officers who resigned under investigation, brings to sixty-six the number of officers who have lost their position as a result of their actions or inaction in connection with Katrina. Since the August storm, another forty-five officers resigned from the force for personal reasons.
These firings once again will focus the spotlight on the question of where an officers obligation to the public begins and ends, and how that obligation may be balanced by the officer, if at all, with the personal and safety interests of his or her own family. The issue has been litigated in a variety of forums, with the officers' families routinely ending up on the short end.
New Orleans Update - 11/11/05
The City of New Orleans has terminated an additional five police officers who it determined were missing during Hurricane Katrina. Another four officers were suspended for a period of time that was not disclosed. These actions bring the total number of officers fired to over 50.
The City continues to conduct hearings into the actions of its officers during the devastating hurricane. While many have been determined to have been AWOL, others of the 240 unaccounted for during that period were trapped by high water and other conditions that prevented their reporting for duty.
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Personnel Files
The overwhelming majority of employers maintain personnel files on their employees and police officers are no exception. The question is; what rules govern these files and what, if any, is the importance of the information contained in them? The most obvious concern regarding the information contained in a personnel file is what impact it may have when an individual decides to change jobs. In many instances a potential employer will require an applicant to sign a waiver allowing contact with a former employee and this waiver may include a review of a personnel file. |
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Latest News
San Francisco Reinstates Suspended Officers, DOL Publishes Final Regulations Implementing USERRA, AFL-CIO Takes Position on Alito, New Orleans Officers Face More Questions Regarding Conduct, Transit Union Approves Contract, Approval of FMLA Leave May Not Protect Against Termination |
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United States Supreme Court Issues Ruling on Compensable Time
In an opinion issued on November 8, 2005 in IBF Inc. v. Alvarez, the United States Supreme Court resolved a conflict between two Circuit Courts on the issue of what constitutes "compensable time" under the Fair Labor Standards Act. |
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Governor Blagojevich Signs New Gay Rights Law
With this amendment, the Illinois Human Rights Act now declares that it is the public policy of Illinois "to secure for all individuals within Illinois the freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, sexual orientation, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations." |
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Comp Time On Demand?
Do we now have the long awaited answer to the question of whether police officers can take compensatory time off on demand? |
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HIPAA Rules Apply to FSA's
Did you know that the Department of Health and Human Services considers your Health Flexible Spending Arrangement (FSA) covered by the HIPAA privacy rules? |
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New
Orleans Fires AWOL Officers
After weeks of rumors of police officers having abandoned their posts before, during and after Hurricane Katrina, the City of New Orleans has fired over fifty police officers and six civilian employees for allegedly having done so. |
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Can Employees Have a "Privileged" Conversation with their Union
Representatives?
The State of Illinois has recently passed legislation purporting to make communications between union agents and the members they represent "privileged." |
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Alaska Supreme Court Holds Spousal Limitations Violate
That State's Constitution
The Supreme Court of Alaska ruled that it violated the state constitution to withhold benefits to public employees' same-sex partners. |
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Can State Funds be Used in Union
Organizing Campaigns?
Among the hotter controversies in labor is whether a private employer may spend public money to fight its employees' efforts at unionizing. |
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Sex Discrimination Found Even Without Sexual Conduct
The Ninth Circuit Court of Appeals has held that three female employees of a teachers union could recover under Title VII of the Civil Rights Act of 1964 for sex-based discrimination even though there was no evidence of lust or sexual animus toward the women. |