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 rights of due process 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