§ 3-103. RIGHTS OF LAW ENFORCEMENT OFFICERS GENERALLY.
(D) RETALIATION.
A LAW ENFORCEMENT OFFICER MAY NOT BE DISCHARGED, DISCIPLINED,
DEMOTED, OR DENIED PROMOTION, TRANSFER, OR REASSIGNMENT, OR
OTHERWISE DISCRIMINATED AGAINST IN REGARD TO THE LAW ENFORCEMENT
OFFICER’S EMPLOYMENT OR BE THREATENED WITH THAT TREATMENT BECAUSE
THE LAW ENFORCEMENT OFFICER:
(1) HAS EXERCISED OR DEMANDED THE RIGHTS GRANTED BY THIS
SUBTITLE; OR
(2) HAS LAWFULLY EXERCISED CONSTITUTIONAL RIGHTS.
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4 years ago
3 comments:
To the Crapper we go. I am asking the crapper to research cases that officers have acually won a case of violation of LEOBR. I ask this because one hears continually that there is no "Tort" to support this type of infraction.
What are the potential penalities to an agency that violate LEOBR ?
Is there civil remedy ?
Can the timing and circumstance be considered in the venue. As a case of a 15 year Sgt. being moved from a specialized unit. The notice is given at 1600 to report at 2400 to a Patrol group the same day and this would occurr on a friday causing the said officer to work 10days in a row. Going from day work to midnights. This giving the Sgt. eight hours to prepare for duty in unform, pick up equp., get uniforms ready, and sleep. I see this happening once as a possible oversight, but to happen twice well lets just say this Sgt. better have thick skin. If this Sgt. is the only Sgt. in a two year period to recieve written counseling from his immeadiate supervisor. The immeadiate supervisor admitts that this Sgt. is the only Sgt. written up in that period. This I/S has at least five other Sgt.s that have faced an aray of situations that could have reulted in one form or another of discp. action yet there was none taken ??
Would this be considered an hostile possibly retalitory enviroment. Yet no sustained I.A.D. cases, letters from the public or complaints by personell on this same Sgt.. Subordinates that continually strive for what is best for the agency. No known or documented tranfer request from this said Sgt.s Patrol groups.
I dont know just food for thought. I was wondering if this site has access to this type of legal advise.
If anyone may quess who I am reffering to please do not post the person name. This situation mimics mine and I dont want agency or personnel be wrongfully targeted by the question. I ask because i am very close to the person that this happend to.
Is there a state or federal agency that would be able to assist here ??
Well no big deal. If anyone has a simular case to add please do. I would love to read it. Please dont add name or agencies lets keep this real. No BS please
The transfer punishment still occurrs for the betterment of the agency involved.
And there is nothing you can do about it!
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