Chief’s Counsel: Fairness and Consistency in Disciplinary Actions

Disciplining personnel is perhaps the least favorite and most difficult aspect of being a police chief. Chiefs must ensure that discipline among employees is fair, lawful, and adequate to address the behavior at issue; is sufficient to protect the agency from liability under a Section 1983 pattern-or-practice or a failure-to-supervise theory; and will prompt the employee to reform. Chiefs have little hope of achieving all of these goals unless effective systems exist to assist them.

Read More
Investigations
Share
Failure to understand the distinction between so-called immigration warrants issued by an immigration judge or traditional arrest or search warrants issued by a federal court judge can lead to liabili...
Chief's Counsel
Share
For today’s police officers, the first sign of a serious threat increasingly appears not on a street corner or in a call for service, but on a screen. Posts, comments, livestreams, group chats, and ...
Chief's Counsel
Share
The practice of placing officers "on call" raises questions concerning a municipality’s obligation to pay officers, as well as the ability to restrict such officers’ activities while on an "on-cal...
Chief's Counsel
Share
In 2011, this author wrote an article for the Chief’s Counsel section of Police Chief magazine titled “Critical Incident Review Board: Creation and Refinement.” The purpose of the article was ...
Chief's Counsel
Share
Immigration enforcement in the United States is generally a civil matter, handled exclusively by federal agents working for U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Patrol....
Chief's Counsel
Share
Imagine this: a qualified applicant submits a résumé for a position in a department. Before anyone on the team lays eyes on it, an artificial intelligence (AI) system screens them out. No interview....
Chief's Counsel
Share
Words matter. The terms used to describe police work—law enforcement, public safety, guardian, protector, or warrior—do more than signal a philosophy. They define the profession’s purpose, s...
Chief's Counsel
Share
On May 15, 2025, the U.S. Supreme Court issued a landmark decision in Barnes v. Felix, fundamentally altering the legal evaluation of excessive force claims under the Fourth Amendment. The ruling reje...
Chief's Counsel
Share
In 2025, “pig butchering” does not necessarily result in pork chops and bacon. The term now describes a sophisticated cybercrime that combines long-term psychological manipulation with fraudulent ...
Chief's Counsel
Share
In light of the recent U.S. government actions related to diversity, equity, and inclusion (DEI), it is important for police leaders to be mindful of their ongoing obligations to comply with state and...