Deck 14: Special Challenges Labor Relations, liability, and Discipline

Question 1

Rojek et al.found that the majority of complaints against police officers fall under all but which of the following categories?

A) Verbal abuse
B) Ethnic slurs
C) Harassment
D) Excessive force

Answer 1

D

Question 2

The "public duty doctrine" is derived from _______________ and says that police have ______________________________ unless a "special relationship" is present.

A) common law / no duty to protect the general public from harm
B) the Law of Moses / a maximum level of duty
C) the 9/11 incident / an obligation to prevent terrorist attacks
D) the Hague Agreement / to maintain an international (INTERPOL) police force

Answer 2

A

Question 3

The best outcomes that could come from the collective bargaining battle would include all but which of the following?

A) A better balance of pension and health care benefits for public employees
B) Greater use of objective and subjective performance data and measures
C) Greater appreciation of government workers in general
D) Significant increases in government employee salaries

Answer 3

D

Question 4

While Section 1983 provides for actions against criminal justice employees,Title 18,U.S.C.Section 242 provides for actions.

A) criminal / civil
B) civil / criminal
C) felony / misdemeanor
D) tort / negligence

Question 5

Areas of criminal procedure covered under Section 1983 include:

A) illegal search and seizure.
B) negligence.
C) police brutality.
D) All of the above

Question 6

Proximate cause is established by asking:

A) "ignorantia juris neminem excusat?"
B) a suspect to write out a statement of his involvement in a crime.
C) an officer to tell whether he caused a suspect to confess.
D) "But for the officer's conduct, would the plaintiff have sustained the injury or damage?"

Question 7

Section 1983 lawsuits allege that criminal justice employees acted ___________.

A) "inofficiously"
B) "in violation of the Law Enforcement Code of Ethics"
C) "against the peace and dignity of the Constitution"
D) "under color of law"

Question 8

Title 42,United States Code Section 1983,was initially enacted as the:

A) Civil Rights Act, 1864.
B) Vigilante Act, 1877.
C) Ku Klux Klan Act, 1871.
D) Vicarious Liability Act, 1912.

Question 9

A system of early detection regarding problems with personnel is known as:

A) early intervention.
B) early warning system.
C) early detection.
D) officer watch.

Question 10

Negligence arises when a criminal justice employee's conduct:

A) creates a danger to others.
B) fails to provide a service to the public.
C) damages municipal property.
D) All of the above
E) None of the above, as public employees are immune to negligence suits.

Question 11

A special relationship is one where the officer:

A) cannot enforce a law because of nepotism.
B) has to allow one member of a two-party conspiracy to go free.
C) knows or should know the likelihood of harm to someone if he/she fails to do his/her duty.
D) is required by law to provide 24-hour watch over a prisoner while in jail.

Question 12

Which of the following is not a common type of tort brought against police?

A) Assault and battery
B) Invasion of privacy
C) Defamation and malicious prosecution
D) Paternity and lewd and lascivious behavior

Question 13

In which model do public employees have the right to bargain with their employers?

A) Binding arbitration
B) Greet-and-confer
C) Bargaining not required
D) None of the above

Question 14

Which of the following is an important requisite of a disciplinary policy?

A) Certainty
B) Swiftness
C) Consistency
D) Incompetence for the job
E) All of the above

Question 15

__________ is usually the first step in a progressive disciplinary process and is intended to address relatively minor infractions.

A) Counseling
B) Letter of reprimand
C) Documented oral counseling
D) Esprit de corps

Question 16

A special relationship can be based on:

A) whether the officer could have foreseen that he was expected to take action in a given situation to prevent injury.
B) departmental policy or guidelines that prohibit a certain course of action.
C) the spatial and temporal proximity of the defendant-officer behavior to the injury damage.
D) All of the above

Question 17

A(n)___________ complaint occurs when a written,signed,and/or tape-recorded statement of the allegation is made and the complainant requests to be informed of the outcome.

A) primary
B) formal
C) informal
D) secondary

Question 18

The doctrine of respondeat superior means:

A) that the police should respond immediately to every call for service.
B) "very important"
C) "let the master answer."
D) a personal response to a crime victim's call is superior to a telephone response.

Question 19

In the final level of the grievance procedure,the neutral,outside person who conducts a hearing to conclude the grievance is a(n):

A) supervisor.
B) chief of police.
C) arbitrator.
D) city or county manager.

Question 20

Which of the following is not a category of complaint disposition?

A) Founded
B) Not sustained
C) Closed
D) Sustained

Question 21

Proximate cause may be found in a case such as where an officer:

A) gives evidence in court that ultimately results in a conviction.
B) leaves the scene of an accident aware of dangerous conditions (e.g., spilled oil, smoke) without giving proper warning to motorists.
C) after leaving a traffic accident scene, writes a citation that results in a conviction.
D) gives evidence in court that ultimately results in a conviction, and after leaving a traffic accident scene, writes a citation that results in a conviction.

Question 22

Failure to protect as a form of negligence may occur if:

A) a city fails to put traffic control devices in high-accident areas.
B) a police officer fails to protect a person from a known and foreseeable danger.
C) a state fails to inform citizens of crime rates on its college campuses.
D) a SWAT unit is not called to a violent crime scene.

Question 23

Which of the following is not one of the four principles of collective bargaining?

A) Communication
B) Cooperation
C) Loyalty
D) Respect

Question 24

Which of the following is a minimum due process requirement for discharging public employees?

A) Opportunity to cross-examine superiors
B) Automatic right to appeal the decision to a federal district court
C) Opportunity to present acquaintances to assist
D) All of the above are required.

Question 25

Failure to protect claims against police most often involve:

A) victims of natural disasters.
B) battered women.
C) abused children.
D) victims of white-collar crimes.

Question 26

Which of the following is not a type of job action?

A) Work stoppage
B) Work speedup
C) Mediation
D) Vote of confidence

Question 27

Three major forms of impasse resolution during collective bargaining are:

A) mediation, fact-finding, arbitration.
B) meet and confer, open-shop, mediation.
C) unilateral, bilateral, interagency.
D) "bargaining not required," impasse closure, arbitration.

Question 28

The three basic models of collective bargaining in the states are:

A) binding arbitration, bargaining not required, work stoppage.
B) binding arbitration, meet and confer, bargaining not required.
C) meet and confer, mediation between parties, bargaining.
D) dual bargaining, closed shop, meet and confer.

Question 29

All but which of the following are potential pitfalls to avoid during the collective bargaining process,per DeLord?

A) Assuming traditional labor-management roles
B) Defending the defensible
C) Leaking information to the press to discredit your opposition
D) Ignoring the pressures on management during a crisis

Question 30

Jail administrators:

A) protect inmates from harm.
B) render medical assistance to inmates when necessary.
C) treat inmates humanely.
D) All of the above

Question 31

The purpose of collective bargaining is to:

A) determine who should receive salary/benefits increases.
B) obtain jobs for union members.
C) allocate resources equitably to all governmental units.
D) produce a bilateral written agreement to which both parties will bind themselves.

Question 32

What is the typical maximum number of levels of action that can be involved in the process for formally handling grievances?

A) 2
B) 4
C) 6
D) 8

Question 33

Which of the following is not a minimum due process requirement for discharging public employees?

A) Representation by counsel
B) An impartial hearing officer presiding
C) A public hearing
D) All of the above are required.

Question 34

When management goes around the union to communicate with or to encourage the rank-and-file to support or oppose an issue,they are perpetrating which of DeLord's potential pitfalls?

A) Making an end run
B) Rushing to judgment
C) Ignoring the pressures on management during a crisis
D) Assuming traditional labor-management roles

Question 35

The most infamous strike by police occurred:

A) in New York, in 1930
B) in Boston, in 1919.
C) in Miami, in 1980.
D) in Chicago, in 1940.

Question 36

Which of the following is not a disciplinary action commonly used by agencies?

A) Counseling
B) Transfer
C) Demotion
D) Salary cut

Question 37

The first campaign to unionize the police started shortly after:

A) World War I.
B) World War II.
C) the anti-Vietnam riots.
D) the riots following Martin Luther King's death.

Question 38

Which of the following is not true concerning correctional unions?

A) They do not exist.
B) They improve working conditions.
C) They seek to limit the power of inmates.
D) They exert pressure on administration concerning prison policy.

Question 39

Who stated that "There is no right to strike against the public safety by anybody,anywhere,anytime"?

A) de Tocqueville
B) Alvin Cohn
C) George Cole
D) Calvin Coolidge

Question 40

Executives may receive complaints from which of the following sources?

A) Anonymous
B) Primary
C) Secondary
D) All of the above

Question 41

An example of proximate cause liability is where an officer unknowingly leaves the scene of an accident where there is spilled oil,and does not properly warn motorists.

Question 42

"False imprisonment" may be established only by showing that a police officer illegally detained someone in jail.

Question 43

Proximate cause is established by asking,"But for the officer's conduct,would the plaintiff have sustained the injury or damage?"

Question 44

The binding arbitration model is used in only three states.

Question 45

The movement to bargain collectively has not often occurred in the courts.

Question 46

Courts have said that police officers have a duty of care to persons in their custody: keeping detainees free from harm,and rendering medical assistance when necessary.

Question 47

Even if a prisoner's suicide is not "reasonably foreseeable," the jailer owes the prisoner a duty of care to help prevent that suicide.

Question 48

The standard often used by courts to determine liability of corrections personnel is whether an act or failure to act created an unusual risk to an inmate.

Question 49

Failure to protect is a form of negligence if,say,a police officer fails to protect informants,witnesses,and other people from a known and foreseeable danger.

Question 50

Thus far,courts have not found the design of detention facilities or the behavior of jail personnel after an inmate's suicide to be a source of negligence or breach of duty.

Question 51

The liability of corrections workers often centers on their lack of due care for persons in their custody.

Question 52

Anonymous complaints are the easiest to investigate because there is no need to obtain further information or question the complainant about the allegation.

Question 53

Negligence is impossible to determine for those who supervise and train police personnel.

Question 54

A positive discipline program attempts to change employee behavior without punishment.

Question 55

Anonymous complaints are the least difficult to investigate and tend to have a neutral impact on employee morale because officers may view them as a nuisance.

Question 56

An anonymous source complaint derives from an unknown source and may be delivered to the police station via telephone call or signed letter.

Question 57

Congress enacted the Ku Klux Klan Act of 1871 as a result of activities of the KKK.

Question 58

Most complaints involve serious acts of physical violence,excessive force,or corruption.

Question 59

Every complaint,regardless of the source,should be accepted and investigated in accordance with established policies and procedures.

Question 60

Discipline encourages employees to perform their duties and carry out responsibilities within established policies and procedures.

Question 61

The binding arbitration model is used in 15 states,but not the District of Columbia.

Question 62

Each state is free to decide whether and which public sector employees will have _________ ____________ rights and under what terms.

Question 63

Police officers are afforded special privileges and immunities even in the routine operation of their patrol vehicles.

Question 64

A ________ ___ ____ ____________signals employees' collective displeasure with the chief administrator of the agency.

Question 65

In 2007,the U.S.Supreme Court decided that a police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment.

Question 66

The collective bargaining battle is long,emotional,and hard-fought for those on both sides of the issue.

Question 67

Generally,efforts by management and the union to resolve conflicts should wait until the media becomes informed on the issues and publicizes the information.

Question 68

Work slowdowns constitute the most severe type of job action.

Question 69

There are three basic collective bargaining models used in the states: binding arbitration,meet-and-confer,and ___________.

Question 70

In a _________ __________,employees must be dues-paying members or they will be terminated by the employer.

Question 71

The agency's chief executive should not appear at the bargaining table personally.

Question 72

The first campaign to organize the police started shortly after World War I,when the __________ ___________ _________ reversed a long-standing policy and issued charters to police unions.

Question 73

Informal settings are more desirable for collective bargaining meetings.

Question 74

Only eleven states use the ________________model,which grants very few rights to public employees.

Question 75

In a "closed" union shop,employees must be dues-paying members of the union or they may be terminated by the employer.

Question 76

As depicted in a figure contained in the chapter,a police agency's chief executive officer-police chief or sheriff-should always sit at the bargaining table,representing/fighting for management.

Question 77

A single act may also be a crime as well as a tort.

Question 78

Three categories of torts generally cover most of the lawsuits filed against criminal justice practitioners: _____________,_____________,and _________________torts.

Question 79

When a bargaining impasse occurs,a________ _________,or strike,can constitute the most severe job action employees can undertake.

Question 80

A majority of employees signing cards to recognize a union is defined as "50 percent plus one."