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On Demand

Conducting Law Enforcement Administrative Investigations; Compliance and Pitfalls


Category:
External Investigators |  Internal Investigators |  POBR/FOBR |  Public Sector
Faculty:
Karen Kramer |  James Oldendorph
Duration:
1 Hour 46 Minutes
Format:
Audio and Video
Original Program Date:
Aug 06, 2020
License:
Never expires.


Description

When conducting administrative investigations of law enforcement officers, one must keep in mind that they are a unique group of public employees with unique rights protected by statute.  With increased attention on police officer misconduct, investigation, discipline and accountability, independent investigators will likely see an increase in demand to conduct administrative investigations of law enforcement officers.  The increased demand for transparency in law enforcement agencies impacts the investigations of police personnel, bringing in an added layer of scrutiny for the investigator.  This interactive webinar will address the procedural and tactical considerations in conducting law enforcement administrative investigations.  The webinar will provide attendees with specific guidance on complying with the California Public Safety Officers Procedural Bill of Rights Act (“POBR”) and similar statutes in other states with comparable protections, pitfalls to avoid, and best practices.  Participants will come away with a better understanding of the nuances and practical realities of these complex and sensitive investigations and will gain a unique set of investigative skills and tactics that attendees can utilize in law enforcement administrative investigations. 

Learning Objectives 

By attending this webinar, participants will: 

• Learn how to address the various issues, unique to law enforcement administrative investigations, that may arise;   

• Learn unique best practices for law enforcement administrative investigations; 

• Learn about relevant case law and its interpretation of the POBR; 

• Gain a deeper understanding of law enforcement culture, potential challenges, and how the two intersect. 

Disclaimer: The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice.

Credits



Handouts

Speaker(s)

Karen Kramer's Profile

Karen Kramer

Kramer Workplace Investigations


Karen Kramer, AWI-CH is an employment law attorney specializing in workplace investigations. Since forming Kramer-Wiese in 2000, Ms. Kramer’s practice has focused primarily on conducting personnel investigations involving allegations of discrimination, harassment and retaliation, as well as misconduct and disciplinary matters. She previously litigated employment law matters with Porter Scott and worked as an employment law attorney with LexisNexis. Ms. Kramer’s experience includes testifying during administrative and judicial proceedings regarding completed investigations. Ms. Kramer has conducted hundreds of workplace investigations for public agencies, and is well versed in the Public Safety Officers Procedural Bill of Rights and the Firefighters Procedural Bill of Rights. She has also conducted many complex and high profile investigations involving high level public employees and elected officials. Ms. Kramer is a graduate of the University of California, Irvine (1989) and University of the Pacific, McGeorge School of Law (1992).


James Oldendorph's Profile

James Oldendorph


James E. Oldendorph is an experienced litigator, and has successfully represented clients in employment litigation matters in both State and Federal court from inception through discovery, pre-trial proceedings, and settlement or trial.  James represents and advises employers in cases involving alleged violations of Title VII, the Fair Employment and Housing Act, the Americans with Disabilities Act, the California and United States Constitutions, the Public Safety Officers Procedural Bill of Rights Act, the Firefighters Procedural Bill of Rights Act, as well as injunctions, writs, wage and hour claims, and wrongful discharge actions. While James represents all types of employers, he focuses his practice on representing law enforcement and fire agencies, and has successfully prosecuted numerous employee discipline and grievance matters involving these employees.  James also has extensive experience advising and counseling clients on administrative investigations involving public safety and miscellaneous employees and overseeing those investigations through their conclusion. James was recognized as a "Rising Star" in the field of Employment Litigation: Defense in Super Lawyers Magazine (2015 and 2016).


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