In this legal podcast of ‘In the Line of Fire’, hosted by Lamb McErlane Partner Christopher Gerber, Esq., with guests and former Police Chiefs Jerry Simpson, Jim Adams, and Scott Bohn, addresses how municipal police departments can and should implement the highest standards of conduct and performance — in compliance with federal and state law, while ensuring the public’s confidence in the men and women who protect and serve us all.

Listen here:

Podcast Summary

• Build public trust through the development and implementation of legally compliant policy and training of police officers and the officials responsible for funding, managing, and supervising them.
• Pennsylvania Law Enforcement Accreditation Program (PLEAC):
  Its purpose and benefits:
  • Establishes a credible framework for evaluating agency practices and procedures
  • Reduces agency risk and exposure to lawsuits
  • Decreases some liability insurance expenditures
  • Improves law enforcement – community relations
  • Increases employee input, interaction, and confidence in the agency
  • Enlarges the outlook and viewpoints of managers, officers, and employees
  • Identifies and highlights the capabilities and competence of the agency
  • Furnishes a solid foundation for the agency to build upon for further progress
  • Provides reliable methods to improve essential management procedures
  • Extends agency accountability to the public and elected officials
  • Enhances planning and innovative activities by all agency personnel
  • Develops improved methods for providing services to the community
  • Encourages problem-solving activities within the agency
• Discussion of the fundamentals of police use of force:
  • The LAW
  • PA Statutes
  • Case law
  • Deadly Force
  • PLEAC standards
  • “De-escalation”
  • The duty to intervene
  • NO right to resist an arrest, even when a person thinks the arrest is unlawful. There is a critical need for education of the public and government officials, and the media
  • The realities faced by officers and split-second judgments
  • Reporting use of force
  • Criminal Investigation vs. the administrative Internal Affairs
  • Police officer mental health and Act 59 (after officer-involved shooting)
  • Note: You may not resist an unlawful arrest, that becomes a crime!  Public needs to be educated on that.
  • Qualified Immunity — misconceptions by the public (e.g. that QI is a get-out-of-jail-free card: NOT SO!!)  QI is designed to protect the rights of police when the law is unclear or where the facts establish, as a matter of law, that the officer acted within the bounds of the US Constitution.  Not easy to convince the court early on in litigation.
  • “Stop and frisk” — the law and misconceptions: are police really targeting certain ethnic groups without reasonable suspicion? May they do so lawfully?

Best practices on governance of police departments and enforcement of the subject policies — which include:

• • Effective communication up and down the chain of command, including the governing body;
  • Evaluation of performance to ensure accountability;
  • Training & counseling to ensure compliance with police;
  • A fair and impartial procedure to impose discipline in the event of misconduct and/or neglect of duty;
  • Media relations — when things are good and when they are bad

                                                         

For the past 30 years, Lamb McErlane Partner Christopher Gerber has served as a civil rights attorney licensed in Pennsylvania and New Jersey. He represents and advises public and private employers in connection with civil rights, labor and employment matters.

He represents several police departments, municipalities and educational institutions, and advises townships, boroughs, regional police commissions and their staff on risk management, policy drafting, and training.

Chris is renowned around the commonwealth and is a featured speaker and author on issues that impact police management and liability on behalf of municipal organizations such as the Pennsylvania State Association of Township Supervisors (PSATS) and the Pennsylvania State Association of Boroughs (PSAB).

Chief Jerry Simpson serves as the Testing and Consulting Manager for the Pennsylvania Chiefs of Police Association, Lead Instructor for the New Jersey Association of Chiefs of Police Command and Leadership Academies in Pennsylvania, and as a guest instructor for the International Law Enforcement Academy.  He also owns and operates Rarefied Leadership Group, LLC, a firm specializing in investigative, consulting, and interim executive services for municipalities and organizations.

Chief Jim Adams, is a retired law enforcement veteran who served as the Police Chief for the Upper Allen Township Police Department in Pennsylvania. He is recognized for his leadership, including his role as a chairperson for the PA Law Enforcement Coalition and his work with the PA Chiefs of Police Association Program Coordinator for the Pennsylvania Law Enforcement Accreditation Commission (PLEAC).

Chief Scott Bohn, is the former Police Chief of West Chester and is the current Director of the Pennsylvania Chiefs of Police Association, a professional organization of more than 1,000 chiefs of police and other executives of police, public safety and private law enforcement organizations across the state.

To learn more about becoming accredited by the Pennsylvania Chiefs of Police Association, visit www.pachiefs.org.

Lamb McErlane PC Legal Podcasts are also available on: Spotify, iTunes, iHeart Radio, and Amazon Music. Lamb McErlane Legal Shows/Podcasts are also aired on WCHE 95.3FM/1520AM.

**The information provided during this podcast is for general informational purposes only and does not constitute legal advice.  You should not act upon any information provided, without seeking legal counsel.  Moreover, the views and opinions expressed today are those of the speakers and do not necessarily reflect the views of Lamb McErlane. **