Practice Details

Employment and Labor

Law Enforcement Officers

Berry & Berry, PLLC is very proud of its public safety employment practice area.  We specialize in the representation of law enforcement officers, supervisors, and labor unions in administrative and civil matters. Our firm has represented individual employee and union cases before arbitrators, the Merit Systems Protection Board (MSPB), the Congressional Office of Compliance (OOC), the U.S. Office of Special Counsel (OSC), the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Federal Labor Relations Authority (FLRA), as well as state and federal courts.

Our firm previously served as general counsel for the United States Capitol Police (USCP) and United States Park Police (USPP) labor unions. In addition, our firm has represented other Fraternal Order of Police (FOP) labor unions in a wide variety of labor and employment matters.  The firm represents federal law enforcement officers nationwide in all types of proceedings, such as assisting them in their legal defense of misconduct and performance charges before their agency, grievances and arbitration matters, appeals before the MSPB, and complaints before the OSC and the EEOC.

In the District of Columbia, the firm has significant experience in representing police officers and supervisors of the District of Columbia Metropolitan Police Department (MPD) in internal affairs investigations, trial boards, appeals to the Assistant Chief and Chief of Police, in addition to appellate reviews at the D.C. Office of Employee Appeals (OEA). The firm understands the special rules under the MPD General Orders and Polices so that it can provide effective legal defense to MPD police officers and supervisors.

In the State of Maryland, the firm has experience in the representation of law enforcement officers under the Maryland Law Enforcement Officers Bill of Rights (LEOBR), contained in Article 27 of the Maryland Code.

In the Commonwealth of Virginia, the firm represents state (e.g. Virginia State Police), county (e.g., Fairfax, Arlington, Loudon County police officers) and local law enforcement officers in disciplinary proceedings and appeals involving alleged misconduct or performance matters.

In addition to defending law enforcement officers in traditional employment matters, such as those involving suspensions, removal or other discipline, the firm also handles many specific types of representation for law enforcement officers that include the following:

  • Internal Affairs Representation
  • Garrity Rights Defense
  • Statement Review (statements requested of clients during formal investigations)
  • Giglio (Truthfulness) Issues
  • Disciplinary Appeals
  • Performance Review Appeals
  • Performance Improvement Plan (PIP) Defense
  • Polygraph Issues
  • Security Clearance Defense/Appeals
  • Investigations Before the Inspector General
  • Trial Board or Disciplinary Review Board Defense
  • LEOBR defense (Maryland Police Officers)
  • Civil Action (and 42 U.S.C. § 1983) Defense
  • Background Investigation Representation and Advice
  • Representation Hearings
  • Meetings with Police Supervisors
  • Responses to Proposed Discipline (oral and written)
  • Law Enforcement Officer Termination Defense
  • Disciplinary Appeals

We recognize that each law enforcement agency differs to some extent, and often times some departmental procedures vary, requiring special attention to specific general orders in preparation for the legal defense of law enforcement officers.

Our firm has experience representing law enforcement officers and supervisors employed by the U.S. Secret Service, Federal Air Marshal Service, U.S. Marshal Service, U.S. Department of Justice, Federal Bureau of Investigations and other sensitive law enforcement agencies. Cases involving these types of agencies require special attention due to the differences in laws and regulations applicable to law enforcement officers and supervisors of these agencies.  The firm is familiar with the laws and regulations for these types of agencies.

In addition, our firm also has experience representing private, federal, and public correctional officers in disciplinary actions, discrimination matters, and other areas of employment and labor law.

Berry & Berry, PLLC is a member of the Fraternal Order of Police (FOP) Legal Defense Plan.  If you are a law enforcement officer or supervisor or a chairman of a labor union and need employment and/or labor law representation, our attorneys are ready to serve your special needs.  Please contact Berry & Berry, PLLC to schedule a consultation with an attorney to discuss your matter.

Please visit our Law Enforcement Officers Blog where we discuss current employment issues invovling law enforcement officers.