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EdPDLaw welcomes Timothy R. Smith & Associates to the team.
The law firm of Timothy R. Smith & Associates, located in South Orange, specializes in criminal, domestic, pension and administrative law matters. Tim Smith is a former police officer and PBA Union President. He is also a member of the New Jersey PBA Legal Protection Plan, on call 24/7, and practices statewide.
EdPDLaw interviewed Timothy R. Smith, Esq. who offered his views on the following issues:
ADMINISTRATIVE
CHARGES
No Nonsense Approach
When it comes to
administrative and disciplinary charges, Tim is no stranger.
As a
police officer and PBA Union President in Essex County, Tim was the
target of relentless harassment through the use of administrative
charges. The county tried every way possible to get
control of the union. After going through this process, Tim
is
quick to recognize problems and swift to intervene with every and all
means at his disposal.
Administrative Hearings
Smith uses every possible
avenue to win at the administrative level, even though the odds are
stacked against the officer. A strong defense followed by the
threat of an expensive appeals process is one of the successful tactics
Smith has used in the past. Departments are under the
mistaken notion that they can do what they want, when they want, by
their self-imposed authority. This is simply not the
case and Smith is quick to remind them that they answer to a higher
authority and must stay within the limitations of the law.
Discipline is not a means of “keeping
people
in line.”
Personnel File
Smith notes that it is
every officer's responsibility to know what is in his personnel
file. There are countless times when disciplinary actions or
reports appear in officer's files when the officer had no knowledge
of them. This is detrimental to the officer and to the
defense of
his case. KNOW WHAT IS IN YOUR FILE. GET A COPY.
Many times employers keep verbal “counseling” or “reprimands” in officers’ files indefinitely. Procedures should be negotiated to limit how long these forms will remain in a personnel file. Often the time frame is limited to six months. This limit eliminates the employers’ ability to use those issues against the officers in the future.
Psychological Fitness for Duty Exam
Keep in mind that the
results of a Fitness for Duty Exam will dictate whether or not an
officer may
continue to work and under what circumstances. You should
request that a union representative go with you to take the exam and
only agree to release the result that you either are or are not fit for
duty.
In any case, you should, as soon as possible, have a second test done by a doctor of your choice. It is also beneficial to report to a medical doctor for clearance.
Pension Matters
There is a difference between an "ordinary disability" and an "accidental disability" in law enforcement. An "ordinary disability" is when the officer is diagnosed to be disabled and unable to perform his duties. The disability may arise from an on or off duty injury. An officer will receive 40% from this disability retirement.
An "accidental disability"
arises from an on-duty injury which is categorized as a "traumatic
event" and is sustained from a "sudden rush of force"
which renders the officer disabled. This entitles the officer
to 65%. Be aware that injuries
that are received in the normal performance of your duties and in the
everyday
course of your job, do not automatically qualify.
Internal Affairs
There is a fine line
defining officer's rights in Internal Affairs investigations.
The officer always has the right to union representation IF HE REQUESTS
it. Make sure that you always
request
to have a union
representative with you while being interviewed.
ASK FREQUENT QUESTIONS. Am I the target of the investigation? Will this lead to administrative charges? Are there criminal charges pending? Can I speak to my attorney? There is a difference between refusing to answer questions, and refusing to answer questions until you consult with your attorney.
CRIMINAL
CHARGES
DUI Charges
Officers that
are arrested for DUI are urged to comply with all laws in the state of
the arrest. Submit to the Breathalyzer test and follow all
Departmental guidelines for promptly reporting the incident to your
Department. Depending on the provisions in your contract, you
are afforded certain rights and a DUI does not necessarily mean the end
of your career. Do not compound the situation by refusing to
submit to testing or failing to report the incident to your
Department. Contact an attorney immediately upon release.
Domestic Violence
Domestic Violence is a
serious offense which can quickly
end your career.
An officer who has a restraining order against them is prohibited from
carrying a firearm and therefor unfit for duty. Immediately
after an occurrence of domestic violence, seek legal counsel, even if
no
restraining order has been issued, an internal investigation will be
initiated. Be aware that an investigation into an allegation
of domestic violence is a criminal investigation and you are entitled
to both union and legal representation.
Excessive Use of Force
All too often, police
officers are the target of allegations of excessive use of force while
effectuating arrests. A lot of times these claims are brought
by defendants to retaliate for being arrested and in an effort to gain
leverage over the situation. These claims will be
aggressively defended.
The attorneys of Timothy R. Smith & Associates can be reached at their South Orange, NJ office at (973) 763-5400.
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presented at this site should not be construed to be formal legal
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