Chief’s Counsel: Last Chance Agreements

In an effort to rid departments of problematic officers, some chiefs are turning to the use of a so-called last chance agreement (LCA) when confronted with the prospect of a long, uncertain, and expensive arbitration process. In light of current budget restrictions, many municipal managers and political officials are encouraging chiefs to use this option to avoid legal fees and potential back-pay awards. The concept is relatively simple: In lieu of termination, an LCA may be negotiated, giving the employee who has committed serious misconduct one last chance to retain a job, provided certain specified conditions are met. These are written agreements signed by the employee; the union (if there is one); and the employer. In many cases the union, by encouraging the employee to sign, is saving the employee’s job.