CJMS 650 Quiz #8

Police agencies and unions prefer litigation, rather than arbitration, when dealing with employment issues because it brings to light the internal issues of the agency which is a governmental unit

True

False

Off duty private "details" offered by police agencies:

Are often fully embraced by law enforcement agencies as there is very little civil liability to the police department and result in a "force multiplier" during shifts

Should be limited to the number of total hours per week to avoid unintended consequences of an overworked police officer

It is recommended that the private entity, business or individual hiring the detail officer pay directly the hourly fees to the offices

Do not expose the law enforcement agencies to section 42 USC 1983 actions sine the police officer is off duty

If a police agency is conducting an internal affairs (IA) investigation into a captain (upper management position that is not part of a union) then:

The Weingarten Rights still apply to the captain when being questioned

Garrity Rights still apply to the captain when being questioned

The state's Officer Bill of Rights do not apply, because this is an upper management position

All of the above are correct responses to the question asked

As to the government procuring practices:

Law enforcement agencies do not have to follow such procedures because they are rendering public safety services and have the discretion to enter contracts at will

Often the resulting contracts have provisions that are "subject to funding" which allows the law enforcement agency to cancel if yearly appropriations of funding by its parent funding agency are not realized

Generally do not have to be open to competitive bidding processes

All of the above are true

Take home police vehicle policies adopted by police agencies:

Seen as an extra benefit to the workforce

Expose the police agency to civil liability

Often are addressed in collective bargaining agreements since the unions like these benefits

All of the above are correct responses

Officers Bill of Rights are court rules that apply to a court case when a police officer is charged with a crime in a criminal court system

True

False

Police agencies, when dealing with grants:

Grants are very general in nature and once the police agency gets awarded the grant, does not have to account for the fund expenditures

Police agencies can use the grant funds to make more money and can keep the money earned.

Have grant managers or outside grant mangers to manage the process

Do not have to worry about 'subject to funding" contract provisions relative to agreements or contracts that are being funded by grant funds

Permissible off duty employment of law enforcement personnel on "details" (private security) using the agency uniform, badge, equipment, gun, radio and vehicle:

Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting under "color of law"

Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting "on the clock"

Are sometimes a source of litigation against the law enforcement agency

All of the above are true statements

As to Officer Bill of Rights (OBR) Statutes

Can require the interview to be recorded under oath

if IA investigators violate the OBR procedures, then the evidence learned may be tainted and barred from use by the subsequent disciplinary processs

allows the subject officer to have their own legal representative present during the Internal Affairs questing of the subject officer

All of the above are correct responses

It is best practices for police agencies, which allow their officers to do off duty employment as a uniformed "detail" officer for a private establishment, to adopt a policy that the payment to the detail officer should be in cash to assure the officer is not cheated out of the compensation by the private establishment.

True

False

Under the 2019 US Supreme Court Case of Timbs vs. Indian, the US Supreme Court was primarily concerned with the application of the 5th amendment due process clause as it relates to the state's civil forfeiture action

True

False

Whistleblower actions are generally filed in court, rather than in arbitration, as the remedies and protection afforded by the courts to the employee who legitimately "blows the whistle" are greater and more practically enforced by court orders

True

False

If a police agency gets federal funds under a federal grant for a specific purpose, and then no longer needs it for that specific purpose because the project or activity is complete, normally the excess funds not used by the police agency can automatically be applied to support non-approved, unrelated police activity and the police agency does not need to notify the federal funding entity.

True

False

"Take home" police vehicle policies adopted by police agencies should include provisions that require the police officer to only be the driver of the vehicle at all times.

True

False

As to internal affairs investigations or administrative investigations of a police officer's alleged inappropriate conduct:

The charges must generally be proven "beyond a reasonable doubt"

Are generally unrestricted by statutes and procedures as it is the police investigating the police

Are often played out in civil court

None of the above is correct

As to mutual aid agreements or joint task force agreements:

They are formal contracts often written and signed by various law enforcement agency representatives

Are not technically necessary as all law enforcement personnel have multi-jurisdictional powers

Never expose one agency to liability for other partner agency actions in a joint operation

None of the above

Under the 2019 US Supreme Court Case of Timbs vs. Indian, the US Supreme Court, held that the Due Process Clause found in the 14th amendment, made the 8th amendment's protections applicable to the states actions and thus the 8th amendment's prohibition of excessive fines was applicable to state civil forfeiture procedures

True

False

As to managements of grants that are given to law enforcement agencies:

Eventually the law enforcement agency must pay them back at the end of the term

The funds can be freely transferred to other law enforcement agencies by the grantee if the grantee does not use them in time without the permission of the grantor

Are generally limited to specific uses dictated by the terms of the grant

All of the above statements are true

Off duty private security details by law enforcement officers do not pose a risk of liability to the law enforcement agency because the subject officer is off duty

True

False

Arbitration and litigation share one same quality that it is often public and transparent so that the press and the general public can monitor the process

True

False