Expert: Jim Pastore - 2/18/2009

Question
Hi, there are some questions i hope you can answer for me regarding the Brady issue. Scenario- veteran police officer 19 3/4 years fired for off duty misconduct/dishonesty.
Through his career no adverse actions or complaints/yearly reviews always stated he's a asset to the department, exceeds excellence in all areas and the last five years of career asked to promote to Sergent by his superiors.
My question is can he get another job in law enforcement? possibly out of state with another department or is the Brady issue still a factor no matter what state or county he might work in?
He is currently awaiting to see if the petition for rehearing  that was submitted is granted,he is asking for his case to be heard by the SPB its self.
But if its not, I was wondering what his options were in trying to pursue a career in law enforcement with other agencies.
Being a police officer was his life.
Thank you for your time any advise would be much appreciated.
              sincerely
                CJ

Answer
CJ,

  From what I know of the Brady issue, it pertains to requests by a defense attorney or prosecutor in a criminal matter. If this office was fired for a violation of Department R&R's and not prosecuted criminally I don't know if he would be affected by the Brady issue. Also with his record being clean the issue arises if he had any union protection or a right to file in a court to get his job back? I'm not sure where this happened at but in Ohio they have to be sure that there is progressive discipline in firings. Of course that depends on the severity of the charge against the officer. Without know all the details it is difficult for me to directly and correctly answer your specific question. Sorry I couldn't be of more help.

Jim