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How To Write, Develop and Implement Department
Policy and Procedures
Length of Seminar:
2 Days
Instructor: Jack
Ryan, J.D. or Lou Dekmar
Course Overview:
History Of The Legal Developments
In Liability For Government Entities: This session
will provide participant with an understanding of the history
behind liability for governmental entities and set the foundation
for an understanding of the impact of policy on that liability.
Monell v Department
Of Social Services: The Monell case set the stage
for governmental liability for violation of federally protected
rights. These lawsuits, alleging a violation of a federally
protected right can be the most costly for governmental
entities. Participants will gain an understanding of the
defining factor of governmental liability, specifically:
Policy; Custom; Ordinance; Rule or Regulation that leads
to a violation of a federally protected right. Participants
will also gain knowledge with respect to the concept of
a Final Policy Maker and the impact of a final policy maker
on liability.
Incorporation Of
A Practical Mission Statement/Agency Values Into Agency
Policy: This session will focus on the theory behind
mission statements and agency values and assist the participant
in understanding how theoretical mission statements and
agency values can be used as the underlying foundation for
policy.
High Risk/Low Risk
Policy Matrix: Not all policies expose agencies to
liability. This session utilizes the high risk/low risk-high
frequency/low frequency matrix developed by the Gallagher-Westfall
Group in order to assist attendees in prioritizing agency
policies for development, training and review.
Liability Assessment
and The Multi-Layered Approach To Liability Avoidance: This
session utilizes the Gallagher-Westfall Group 6 layer approach
to risk assessment and liability avoidance. Participants
will gain insight into the reality that a written policy,
standing alone, does not necessarily reduce liability. Additional
factors including enforcement of the policy as intended;
training; documentation; and review will also be examined.
Writing Policy/Where
To Begin: This session will provide participants
with a practical approach to begin the task of writing a
policy. Attendees will be provided with a laundry list of
resources that will enable them to research the best (current)
practices relating to the particular policy being written.
Participants will also gain an understanding of the importance
of tailoring policy to the needs of their particular agency.
Format: This
session will examine the format of policy. What items should
be included; what items are necessary; how detailed should
they be? The Kiss principle as applied to public safety
policy will also be examined.
High Risk Policies:
This session will focus on high risk policies and examine
the legal trends under United States Supreme Court rulings,
Federal Consent Decrees by the United States Department
of Justice and rulings of lower federal and state courts
impacting these policies. Participants will gain an understanding
of these trends so they may examine the policies from their
agencies to determine their conformity to these trends.
Low Risk Policies:
This session will examine a number of low risk policies.
This examination will lead to a better understanding of
the difference between high-risk and low-risk policies while
at the same time provide participants with a sampling of
low risk policies for their consideration. Contemporary
low-risk policies, such as cellular phone use, e-mail and
computer use will be reviewed.
Model Policies/Policy
Audits/Accreditation: This session will examine the
various resources available for model policies and the use
of these “canned” policies. An examination of
policy audits conducted internally or by external groups
will be undertaken in an effort to provide the participants
with knowledge of how these audits are done. The accreditation
process with respect to its impact on agency policy will
also be examined.
Training Issues With
Respect To Policy—Entry Level and In-Service Training:
Participants will gain an understanding of the importance
of training with respect to existing and newly implemented
agency policies. The session will examine the concept of
deliberate indifference to the obvious need for training
and how a failure to train on a new “high risk”
policy will lead to agency liability.
Policy Documentation
and Enforcement Of Policy: Participants will examine
various methods for documenting the receipt and training
of agency policy as well as gaining an understanding of
the importance of such documentation. An examination of
factors in policy enforcement will be undertaken with a
focus on the importance of enforcement of the “policy
as intended” as opposed to the “policy as interpreted.”
Developing Legal
Trends In The Area Of Policy Development: Due to
the constant litigation facing agencies and the continuing
development of the law, the closing session will focus on
developing trends in the law as it relates to agency operation
and practice. The session is intended to make participants
aware of areas that they should give added attention to
in order to be ahead of the trend rather than reactionary
to a lawsuit.
NOTE:
Attendees Are Encouraged To Bring Existing Agency Policies
To This Seminar For Purposes Of Discussion
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