this directive and those that are not.
Public notice
All agencies are required to make available to the public, upon
request, the Early Warning System policy adopted by that agency.
It must also be posted on the agency’s website. In addition, the
annual reports submitted by county prosecutors to the attorney
general must be made available to the public upon request and be
posted on the agency’s website. However, all written reports cre-
ated and submitted pursuant to the directive that identify specific
officers are confidential and not subject to public disclosure.
Our suggestions
Although the directive has been mandated by the attorney gen-
eral and although all law enforcement agencies must comply with
it, there may be negotiable issues concerning procedures to be
used when implementing the directive. For example, because an
officer may be the subject of disciplinary action if called to par-
ticipate in a conference once the Early Warning System has been
initiated, the officer should request representation by a PBA rep-
resentative if there is a reasonable expectation that disciplinary
action may be imposed. The directive does not, and cannot, pro-
hibit a member from requesting representation in these circum-
stances.
In addition, even before a policy is implemented, Local PBAs
should request the opportunity to review any draft of the policies
before implementation in order to identify any negotiable issues.
PBA Locals should also consult with their attorneys to review any
policies which are implemented as a result of this directive for
the same reason. We will continue to keep the State PBA and PBA
members advised of any developments with this directive and its
implementation and remain available to consult with any locals
which are not represented by attorneys or any members affected
by the directive. d
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