Command Discipline

Whenever a member is being presented with a Command Discipline for adjudication, it is crucial that they ensure the member is not the subject of a pending lawsuit arising from the same incident which is covered by the CD. This is particularly important for CDs that are generated by the Civilian Complaint Review Board, or any CD that alleges excessive force or abuse of authority. Should the member accept a CD, and there is a pending or future lawsuit arising from the incident, the member will be denied representation by the City Law Department in the case, and the acceptance of the CD might be viewed as an admission of wrongdoing by the member. Best practices dictate that Delegates contact the DEA attorneys to discuss these issues prior to the member adjudicating the CD. There have been several recent instances of members, while POs, accepting discipline, but that is now coming back to hurt them in pending lawsuits, and where they are being required to personally contribute money towards settlement of the civil case based on the prior CD and/or guilty plea.