Last month, NPH Partner Peter Perroni returned to the NH Supreme Court for the 5th time on behalf of the NEPBA - this time on behalf of Derry's finest.  For any lawyer, presenting a case before the State's highest court is an enormous undertaking, and we are very proud of Peter's success in this area on behalf of the NEPBA and the labor movement.

In this latest case, Peter was defending a PELRB decision in which the Board found that the Town of Derry retaliated against NEPBA members on account of their union activities - a very important issue for both the Derry Officers and Labor in general.

A copy of Peter's legal brief to the Court is below.  Also below is a link to the audio recording of the oral argument before the Court - Peter is the second attorney to argue in the recording.  If you would like to hear the argument, click on the link, then scroll down to the cases heard on April 21, 2010.  Click on the audio for the Town of Derry Case.  We will keep you posted on the outcome of the case.

Opposing_Brief_in_the_Supreme_Court.pdf

http://www.courts.nh.gov/cstream/index.asp

For those of you in Massachusetts Civil Service Departments, your due process protections have been beefed-up.  The rules governing disciplinary hearings are derived from GL c. 31, the Massachusetts Civil Service Statute.  The basic rule is that a person can be suspended for up to five days without a hearing.  Anything greater requires a hearing before the Appointing Authority.  For years, the word “days” has been interpreted by Municipalities to mean “work days.”  In other words, someone working a 4 & 2 schedule might be actually suspended for 7 calendar days in order to serve a five work-day suspension.  Not anymore....

In an era where fairly negotiated union benefits are constantly under attack, the legal team at Nolan Perroni Harrington was able to secure an important arbitration victory for the fine men and women of NEPBA Local 29 in Tilton New Hampshire.

NPH Attorney Kevin Buck ably represented the Union.  The arbitration stemmed from the interpretation of the paid time-off provision of a newly ratified collective bargaining agreement. 

The Public Safety Labor News, an Oregon based Labor Journal, recently reported on a significant NEPBA victory.  NPH Partner Gary Nolan represented the Dracut, MA police local at arbitration before the Massachusetts Division of Labor Relations.  At issue in the case was a Dracut Police Department policy that required officers to provide its Deputy Chief with specific sypmptoms in order for an officer to have a sick day approved.  The Deputy would then decide, on a case-by-case basis whether to approve the time-off.  The union argued that the policy was arbitrary and retaliatory, and in violation of several sections of the CBA.  In addition, the Union argued that the policy itself violated the American's with Disabilities Act - even though the employee did not suffer from a disability under the ADA.  The Arbitrator agreed with the Union on all counts, and given the significance of the issue, the Journal made this case the lead story in its January 2010 publication.

NPH is proud of the result achieved in this case, both for the Union member and on behalf of similarly situated employees.  We thank the Public Safety Labor News for its interest in the case, and further thank its publisher, Will Aitchison, for permitting us to post the publication on our site.  To view the article, please click the link below.

P.S.L.N.Dracut_ADA_Article.pdf

The recent dismissal of the charges against the Blackwater guards involved in the shooting in Iraq should send a warning to police departments and prosecutors throughout the U.S. that Garrity protected statements should not be released to prosecutors or the press.  While the shootings occurred far overseas, the investigation entailed many of the elements in a standard shooting investigation and prosecution.  In particular, the defendants were required to give statements to investigators or face termination.  While these “Garrity statements” are generally considered protected by the Fifth Amendment, the investigators and prosecutors in this case made a fatal mistake: Garrity statements of the defendants were released to the prosecution and the media.

NPH would like to thank IUPA General Counsel Aaron Nisenson for his thoughful analysis on this important topic.  For his full article, please click to read more.

Because mortgage interest rates are so low, our real estate department seems to be getting a lot of inquiries through our website from officers looking to refinance, buy a home, etc. (MA and NH).   

As many of you have already found out, our legal fees are greatly reduced for NEPBA members.  Anybody with questions should feel free to call our real estate guru Jim Harrington directly.  

Email your questions to Jim directly by clicking here EMAIL JIM.

A quick update on a trend we are seeing.  NPH Partner Gary Nolan recently defended a Massachusetts officer in an application for a criminal complaint in Ayer Dist. Ct.  The complaint was sought by a suspect thought to be engaged in drug dealing, and grew out of a motor vehicle stop.  After a full evidentiary hearing, the clerk found no probable cause and the case ended well for the officer.

We are noticing a disturbing trend, however, in that there are more and more of these types...

NPH has won another significant decision at the New Hampshire Public Employee Labor Relations Board which will allow state employees in five (5) newly created bargaining units the choice of whether to remain in the State Employees Association of New Hampshire or join the New England Police Benevolent Association.   In a case litigated by NPH partner Peter Perroni, the PELRB issued a lengthy decision rejecting...

NPH Legal attorneys Peter Perroni, Gary Nolan and Kevin Buck attended the IUPA Attorney's Conference in Sarasota, FL in September.  IUPA lawyers from accross the country met to discuss a range of legal issues facing law enforcement.  Among the topics explored in depth were collective bargaining during this struggling economy, and strategies for responding to officer involved shootings and other critical incidents.  The conference gave us a great deal of insight as to how these issues are handled in other parts of the country.

NPH attorneys remain committed to providing the very best representation to public safety officers.  As we say, we serve those who protect. 

NPH attorneys are on the front lines in the fight to preserve the Massachusetts police educational benefit, commonly known as the Quinn Bill.  We are happy to report a successful effort resulting in the reinstatement of the full Quinn Bill benefit in the Town of Holbrook on behalf of an NEPBA Local.  The NEPBA is committed to this cause, and so are we.

Click on the link below to read the letter from the Local's Union President, which details how it all went down.

http://nepba.org/sites/nepba.prometheuslabor.com/files/Kearney's%20Thank%20you%20letter%20to%20the%20Union.pdf

NPH attorneys Gary Nolan and Peter Perroni have successfully represented a Worcester Police Officer who was terminated after the City alleged that he had physically assaulted three young men in a 2007 confrontation outside the officer’s home.  The arbitrator’s 90 page decision ordering the officer reinstated with full back pay is the latest chapter in this almost two year long legal battle.  Nolan Perroni Harrington, in conjunction with the NEPBA and Local 911, dedicated an enormous amount of resources in support of the officer.  We are very happy for Officer David Rawlston and his family that these efforts helped to expose that the allegations against him were false, and that justice has been served.

The incident began in 2007, the night before Easter, as the Officer and his wife were home at night, getting ready for their young child’s Easter morning.  The officer was awoken by a phone ...

SUPERIOR COURT ISSUES FAVORABLE UNION RULING IN LAYOFF CASE.  Another important case involves layoffs.  The Superior Court, in a decision supportive of public safety unions, reversed a Civil Service decision upholding layoff appeals.  A civil service employee who is laid off due to lack of work or...

The U.S. Supreme Court this week issued a decision which restricts the long-standing right of law enforcement to search a suspect’s car after making an arrest.  In Arizona v. Gant, the suspect was arrested for driving with a suspended license, handcuffed and placed in the back of a patrol car.  Several officers arrived at the scene and cocaine was discovered during a search of Gant’s vehicle conducted secondary to his arrest on the suspended license charge.  The Supreme Court upheld the suppression of the cocaine and held that a search of the car could only be justified where (1) the suspect could still reach for a weapon or destroy evidence or (2) there is “reason to believe” there is evidence in the car on the offense for which the subject was arrested.  The decision is obviously troubling to ....

NPH Attorney Kevin Buck recently received a favorable arbitration decision on behalf of NEPBA's Cohasset  Local.  The issue in the case was the fact that the Town allowed construction details, performed on Town property, to be assigned exclusively to MBTA police, rather than Cohasset Police.  The Union grieved the fact that the Town did not support its own police officers and insist that they be assigned to the details.  The arbitrator agreed, and ordered the Town to compensate the officer who missed out on the Detail work.  The grievance involved detail...

NPH Partner Gary Nolan recently represented a female Dracut Police Officer in a hard fought legal battle that ended with an arbitrator finding for the officer on all counts.  The officer, an NEPBA Member, objected to the department's practice of requiring officer's to report symptoms and nature of illness in order to have sick time approved.  In a significant decision, the Massachusetts Division of Labor Relations arbitrator found that the Department's practice not only violated the contract, but also was a violation of the American's with Disabilities Act, and issued a prospective cease and desist order...

NPH Partner Peter Perroni recently represented a veteran Massachusetts police officer charged by his own Department with extortion by use of force, extortion by use of police power, assault and battery and threats.  A full hearing was held, and the Court found No Probable Cause to issue a complaint. The Charges...

In February 2008, NPH Partner Gary Nolan received a favorable ruling from the Massachusetts Civil Service Commission, which found that the City of Worcester improperly bypassed a candidate for the position of police Officer.  The Commission found that the bypass reasons, which the City attributed to the background investigators, were simply untrue. 

The case involved...

NPH Attorneys successfully convinced the Division of Labor Relations to create an exception to the 6 month filing requirement for Unfair Labor Practice charges (ULP).  In doing so, the NEPBA Local was able to enforce an agreement to waive filing deadlines so that the parties could continue to bargain in good faith. 

NPH Attorney Gary Nolan was able to secure a significant decision from the Massachusetts Civil Service Commission concerning a Town's failure to promote a police officer to the position of Sergeant.  The decision was released in January 2009.

NPH Attorney Peter Perroni recently won a decision at the New Hampshire Public Employee Labor Relations Board which modified NEPBA Local 255, the New Hampshire Corrections Officers, Supervisory Unit, to add the positions of Unit Managers, Hearings Officer and Investigators employed by the Department of Corrections.

After a hearing before the Board of Selectmen, Holbrook Officer John Kearney was cleared of excessive force charges, and all discipline was removed.  This favorable decision comes on the heels of Kearney's acquittal by a 14 member Norfolk County Superior Court Jury.  Officer Kearney was represented by NPH attorneys Gary Nolan and Peter Perroni.

NPH attorneys Peter Perroni and Gary Nolan represented an NEPBA member, a Holbrook, MA Police Officer, indicted on several charges stemming from an alleged excessive use of force against a prisoner.  After a 5-day jury trial in Norfolk County Superior Court, the jury found the Officer Not Guilty on all charges.  

After a lengthy court battle, NPH attorneys Gary Nolan and Peter Perroni successfully defended a superior officer from Ayer, Massachusetts against an application for a criminal complaint for assault and battery.

Massachusetts Senate Bill No. 1059 is set to take effect on July 13, 2008.  This Bill amends some important Massachusetts Wage laws.  ...

Our office handles many cases for police officers who are injured in motor vehicle accidents.  As such, a recent court decision caught our attention.

In a case litigated by NPH partner Peter Perroni, the PELRB rejected the Town of Hampstead New Hampshire’s attempt to prevent the formation of a local ...

In a decision of interest to our clients in the the NH Department of Safety, Department of Fish and Game and Department of Corrections, the NH Supreme Court has vacated the termination of a Dept. of Transportation employee...

NPH Attorney Kevin Buck has won another arbitration on behalf of an NEPBA member.  Attorney Buck represented a Massachusetts Department of Corrections employee who had been suspended for five ...

NPH Attorneys have created a Legal Benefits Plan for NEPBA members offering Non-Labor legal services at greatly reduced costs.

NPH attorney Kevin Buck recently represented the Ayer Police Superior Officers Association, NEPBA Local 32 in a successful ...

In a case argued by Peter Perroni, the New Hampshire Supreme Court recently upheld a decision by the New Hampshire Public Employee Labor Relations Board which certified the NEPBA as the bargaining ...