First Thursday

This month’s podcast is all about information. Information about the public and employees. Who controls it, who has access to it, how can it be used, and what role does the union play?

Marijuana laws have been loosening in many states, but the drug is still illegal at the federal level. This month’s podcast covers what happens when state and federal laws collide on this issue, and why the labor contract is so important.

Coming up from LRIS (02:48)

Jersey City Can’t Fire Officers For Legal Cannabis Use, Court Affirms, In re Mansour, 2026 WL 1194743 (N.J. Super. Ct. App. Div. May 1, 2026). (05:20)

Hillsborough County v. Giambrone (Fla. Dist. Ct. App. 2026). (27:00)

The Brady Rule affirms that the government, because of its obligation to provide defendants with a fair trial, must turn over favorable, exculpatory evidence to a criminal defendant. Over the years, Brady has become as impactful on public safety labor law as it has in criminal law. Brady Lists of officers with histories of misconduct that could impact their credibility exist in jurisdictions across the country.

In this month’s First Thursday, Rick covers three Brady cases from Virginia, New Jersey, and Iowa and discusses how the Rule is being applied.

Court Balances Brady Discovery Against Officers’ Cell Phone Privacy, United States v. David, No. 7:26-cr-00006 (W.D. Va. June 30, 2026). (23:40)

Public Defender Entitled to Common Law Access to Police IA “Appendix K” Reports, N.J. Off. of the Pub. DEF. v. N.J. Dep’t of Law, 2026 N.J. Super. Unpub. LEXIS 757 (42:14)

Iowa Supreme Court Limits On Placing Officers On Brady Lists, Richmond v. Jefferson County Attorney, (Iowa 2026) (1:05:21)

The Supreme Court has wrapped up its 2026 docket, and, in this podcast, Rick covers three decisions that impact public safety employees.

US v. Hemani (03:19)

Margolin v. National Association of Immigration Judges (32:13)

Trump v. Slaughter (45:40)

Rick Poulson covers a potpourri of cases from across the country, including two involving police take-home vehicles.

New Mexico Labor Relations Board Finds Police Take-Home Vehicles Policy A Mandatory Subject Of Bargaining, Village of Hatch Police Officers Ass’n v. Village of Hatch, PELRB No. 128-25, 2026 WL 1031973 (N.M. Pub. Emp. Lab. Rels. Bd. Mar. 19, 2026). (00:06:07)

New Jersey PERC Nixes Union’s Challenge To Revocation Of Take-Home Car Policy, City of Pleasantville,52 NJ PERC 56 (PERC Hearing Examiner Jan. 5, 2026). (00:30:36)

Sheriff’s “Instant Survey” On Schedule Change Not Direct Dealing, In the Matter of Deputy Sheriffs Benevolent Ass’n of Onondaga County, Inc. v. County of Onondaga, 58 PERB ¶4561 (2025). (00:36:43)

City Repudiated Grievance Procedure By Failing To Hold Step 2 Hearings, City of Medford and Medford Fire­fighters Union, IAFF, Local 1032, 2025 WL 4659437 (Mass. L.R.C. July 30, 2025). (00:49:37)

The rise of gambling apps has created an multitude of issues, and the public safety labor environment has not been immune from its effects. In this episode of First Thursday, Rick Poulson explores this rapidly growing issue and its implications for public safety agencies. Sparked by both personal observations and a high-profile case involving alleged embezzlement tied to gambling addiction, the discussion examines how technology has transformed gambling behavior—and why agencies must take notice. Rick breaks down the legal landscape, including the limitations of federal protections under the ADA, evolving state laws, and practical strategies for unions and management to address gambling-related risks. The episode concludes with forward-looking guidance on policy, prevention, and early intervention.

00:00 – Introduction & LRIS Updates
Overview of upcoming seminars in Nashville and Las Vegas.

03:30 – Philadelphia Sports & Gambling Ad Saturation
Rick discusses the agony of being a Sixers fan and the explosion of sports betting advertising.

06:00 – Real-World Case: New Haven Police Chief
Allegations of embezzlement tied to gambling addiction and online betting apps.

09:30 – Rise of Online Sports Betting
Legalization trends since 2018 and widespread adoption of betting apps.

13:30 – Gambling Accessibility & Behavioral Risks
How mobile apps and privacy increase addiction risk and concealment.

17:00 – Research on Gambling Addiction Trends
JAMA study showing a 60%+ increase in searches for gambling addiction help.

20:00 – Younger Workforce & The Impact of New Technology
Concerns about younger employees and normalized app-based betting.

24:00 – Workplace Behavior & Technology Shift Analogy
Comparison to past workplace misconduct trends altered by mobile tech.

28:00 – Legal Framework: ADA Overview
Explanation of disability protections and reasonable accommodation.

31:30 – ADA “Sin Exceptions” & Gambling Exclusion
Why compulsive gambling is explicitly excluded from ADA protection.

36:30 – Evolution of Medical Understanding (DSM)
Shift from impulse control disorder to recognized gambling disorder.

42:00 – Legal Consequences of ADA Exclusion
No federal protection or accommodation rights for gambling addiction.

46:00 – Attempts to Link Gambling to Other Disabilities
Why courts reject arguments tying gambling to depression/anxiety claims.

49:30 – State Law Variations
Some states allow protections; others mirror ADA exclusions.

55:00 – Policy Contradictions Across States
States that allow betting but deny protections for gambling addiction.

59:00 – Public Safety Workplace Implications
Financial misconduct risks, reporting obligations, and trust concerns.

1:03:00 – Prevention Strategies & Policy Options
EAP programs, education, reporting systems, and possible restrictions.

1:08:00 – Sample Contract Language for Early Disclosure
Example policy encouraging voluntary disclosure before misconduct.

1:12:00 – Balancing Accountability & Support
How to help employees while maintaining discipline standards.

1:15:00 – Closing Thoughts & Future Outlook
Call for proactive approaches and continued discussion.

Upcoming seminars from LRIS (00:01:12)

Court Rejects Late First Amendment Challenge to “Talk My S**t” Termination, Shelton v Cuyahoga Metropolitan Housing Authority (6th Cir. 2026)
(00:02:40)

No ULP When Citgy Refused To Make Firefighters Whole For W-2 Errors, Rochester Fire Fighters Ass’n v. City of Rochester, 58 PERB ¶ 4569 (2025)
(00:13:16)

New Jersey Labor Board Dismisses Most Of Officer’s Claims Over Social Media Posts And Interview Rights, State of New Jersey (Department of Corrections), 52 NJPER ¶ 38 (NJ PERC 2025)
(00:24:38)

Giglio List Placement Sinks Officer’s EEO Claim, Cox v SEPTA, No. 25-1100, 2026 WL 195004 (3d Cir. 2026)
(00:35:50)

Constitutional Challenge To North Carolina’s Giglio Statute Allowed To Proceed, Leech v. State, 922 S.E.2d 732 (N.C. Ct. App. 2025)
(00:48:01)

The U.S. Supreme Court recently heard oral arguments in the case United States v. Hemani. The case deals with whether federal criminal statute 18 U.S.C. § 922(g)(3), which makes it a felony for an “unlawful user” of a controlled substance to possess a firearm, is constitutional when it is used to prosecute a person who is a marijuana user and who keeps a gun safely secured at home for self-defense. The case will have important ramifications for law enforcement officers as marijuana use is becoming more accepted both recreationally and medicinally.

The latest from LRIS (0:04:25)

The case (0:06:00)

Other cases discussed in the podcast:

United States v Daniels (5th Cir. January 2025)
https://www.supremecourt.gov/DocketPDF/23/23-376/284275/20231005143926385_Daniels%20Pet%2010.4.pdf

United States v. Cooper (8th Cir. February 2025)
https://caselaw.findlaw.com/court/us-8th-circuit/116899332.html

Cooper v Garland (11th Cir. August 2025)
https://media.ca11.uscourts.gov/opinions/pub/files/202213893.pdf

United States v. Harrison (10th Cir. August 2025)
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111289347.pdf

Employers often try to win disputes by focusing on technical definitions or procedural arguments. They will apply a narrow definition to an employee’s workplace right and reframe the dispute so the protection seems not to apply.

All four cases covered in this month’s podcast are examples of this tactic. See how courts decided.

No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive,  Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). (00:04:36)

New Hampshire Supreme Court Rules In Favor Of Corrections Officer Terminated After Raising Staffing And Safety Concerns, Appeal of Cass (New Hampshire Personnel Appeals Board), 2025 N.H. 51, 2025 WL 3466392 (N.H. Dec. 3, 2025).  (00:12:45)

Court Orders Release Of Internal Affairs Report After Redaction, States Newsroom Inc. v. City of Jersey City, 2025 WL 2202105 (N.J. Aug. 4, 2025) (00:22:30)

Firefighter Entitled To Full Paid Military Leave For Forty 24-Hour Shifts, Driscoll v. City of Melrose, 2025 WL 3247580 (Mass. App. Ct. Nov. 21, 2025). (00:32:42)

In part two of this month’s podcast, Rick offers his predictions for 2026 for three different categories.