Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part One - Traffic Enforcement , 2010 (1) AELE Mo. L. J. 201

     A state Employment Relations Board made a determination that a town had violated a provision of the New York Civil Service Law when it unilaterally ended the practice of assigning town-owned vehicles to certain employees on a permanent basis to drive to and from work. The highest court in New York found that the determination was supported by substantial evidence and reasonably applied applicable precedent, but that the Board's remedial order was unreasonable in requiring the town to restore the vehicle assignments to the employees affected by the change. The section of the law at issue made it an improper practice for a public employer to refuse to negotiate in good faith with the bargaining agent for its employees, and many of the employees who lost "take home" vehicles belonged to blue- or white-collar collective bargaining units. The case was remanded for the fashioning of a proper remedial order. Town of Islip v. New York State Public Employment Relations Board, #95, 2014 N.Y. Lexis 1300, 2014 NY Slip Op 4043.
     A state Employment Relations Board made a determination that a town had violated a provision of the New York Civil Service Law when it unilaterally ended the practice of assigning town-owned vehicles to certain employees on a permanent basis to drive to and from work. The highest court in New York found that the determination was supported by substantial evidence and reasonably applied applicable precedent, but that the Board's remedial order was unreasonable in requiring the town to restore the vehicle assignments to the employees affected by the change. The section of the law at issue made it an improper practice for a public employer to refuse to negotiate in good faith with the bargaining agent for its employees, and many of the employees who lost "take home" vehicles belonged to blue- or white-collar collective bargaining units. The case was remanded for the fashioning of a proper remedial order. Town of Islip v. New York State Public Employment Relations Board, #95, 2014 N.Y. Lexis 1300, 2014 NY Slip Op 4043.
     An Illinois public employer's policy that its employees must reimburse fines paid by the employer due to red light camera violations is a disciplinary penalty "because it imposes a monetary sanction on the employee." In dismissing a lawsuit brought by a union, an appellate court panel concludes that the grievance mechanism provided in the bargaining agreement is the sole remedy of a public employee. Amalgamated Transit Workers Union v. Pace, #1-10-0631, 2011 Ill. App. Lexis 5.
     Arbitrator finds that the sheriff did not have just cause to suspend a deputy for eight hours for reckless vehicle operation resulting in $1,997 damage. The grievant was engaged in a high-speed pursuit of a kidnapping suspect when he drove off a sharp drop-off on a deserted country road; the grievant captured the suspect. Marion Co. Sheriff’s Office and FOP Ohio, 126 LA (BNA) 90 (Cohen, 2008).
     Arbitrator finds that management violated the bargaining agreement by unilaterally implementing a pooled car system and eliminating take-home vehicles, which was a long-standing practice. The Borough also must compensate Officers who were affected by the elimination of the take home vehicle policy during the relevant time period. Bor. of West Mifflin and POA, 126 LA (BNA) 139 (Miles, 2008).
     Arbitrator holds that the establishment of a take-home vehicle program that was established by a unilateral employer policy was subject to amendment or rescission by the same process. This is especially true in the absence of the past practice clause. City of Marion and FOP Ohio, 126 LA (BNA) 212, FMCS Case #08-03111 (Fullmer, 2009).
     Although ruling on the admissibility of witness testimony, the California Public Employment Relations Board holds that a city unilaterally modified a recognized past practice concerning the use of take-home vehicles. It had a duty to bargain such changes. AFGE L-117 and City of Torrance, Case #LA-CE-232-M, Decision #2004-M (Cal. PERB, 2009).
     Appellate court confirms the termination of a deputy sheriff that attempted to stop a speeding vehicle by firing 14 rounds at its tires, in violation of a regulation that prohibits the discharge of a firearm at a moving vehicle unless the occupant of the vehicle was asserting deadly physical force. "... considering the seriousness of petitioner's misconduct, we do not find that the penalty of dismissal was so disproportionate to the offenses as to shock our sense of fairness."
     Arbitrator sustains a three-day suspension of a police officer for failure to drive with due regard for safety. During a pursuit, where he was driving the third car, he ran a red light at high speed and collided with a citizen. The other driver's failure to yield to an emergency vehicle did not lessen the officer's duty to use due caution, and not driving the first car in the pursuit made his mission less critical. City of Houston and Individual Grievant, AAA Case No. 70-390-00035-08, 125 LA (BNA) 134 (Moore, 2008).
     California appellate court upholds a law allowing public agencies to recover many costs associated with a DUI arrest or accident, including response and investigation time. Cal. Hwy. Patrol v. Super. Ct. (Allende), #A109209, 135 Cal.App.4th 488, 2006 Cal. App. Lexis 3 (1st Dist. 2006). {N/R}
     Arbitrator holds that a fire district can terminate a paramedic/firefighter if the insurance carrier refuses to include him within the fleet policy, based on a DUI incident. Cumberland Trail Jt. Fire Dist. and C.T. Career Firefighters L-3667, FMCS #04-03014-T (Petersen, 2004). [2004 FP Oct]
     Although the chief could modify the punishment recommended by an Accident Review Board, he must justify any increase in penalty with good reasons. Arbitrator reduces the suspension from 7 to 4 days, as originally recommended. City of Houston and Indiv. Grievant "G", 118 LA (BNA) 702, AAA #70-390-00829-02 (Moore, 2003). [2003 FP Oct]
     Arbitrator sustains a one-day suspension for a police officer that collided with another vehicle while responding to a burglary call. Officer either failed to activate, or waited too long to enable the Opticom priority control traffic system, and did not turn on his lights and siren until at the intersection. City of Broken Arrow and FOP L-170, FMCS Case #02/04541,117 LA (BNA) 1454 (Goodman, 2002). [2003 FP Apr]
    Arbitrator refuses to reinstate a police officer. During his six years on the job, the officer was at fault in seven on-duty vehicle collisions. City of Houston and "J" Individual Grievant, AAA Case #70-390-00017-02, 117 LA (BNA) 408 (Moore, 2002). [2002 FP Nov]
     GSA asks all federal agencies to prohibit employees from using hand-held cell phones while driving government owned vehicles, and to provide hands-free devices. GSA Motor Vehicle Management Bulletin FMR B-2, 67 (41) Federal Register 9453-9454 (3/1/02). [2002 FP Jun]
     G.S.A. now matches the I.R.S. private vehicle reimbursement or tax-deduction rates of 36½ cents per mile, effective 1 Jan. 2002. Source: 40 (1944) G.E.R.R. (BNA) 90. [N/R]
     Arbitrator imposes a three-day suspension of a police officer who caused a collision by backing through an intersection to respond to a routine call. Dormont (Bor. of) and Dormont Police Assn., 115 LA (BNA) 106 (Dean, 2000). [2001 FP 46-7]
     Appellate court sustains conviction of police officer who crossed a double line to pursue a person driving on a suspended license. There was no "emergency" to justify dangerous driving. Phillips v. Comm. of Va., 25 Va.App. 144, 487 S.E.2d 235 (1997). [1998 FP 109]
     Appellate court sustains punishment of a sheriff's deputy who crashed a patrol car. Forensic evidence proved he was speeding on a curve. Barresi v. Mahoney, 647 N.Y.S.2d 25, 1996 N.Y. App.Div. Lexis 8672. [1997 FP 94]
     Appellate court sustains five-day suspension of a police officer for careless driving. Dwyer v. White Plains, 613 N.Y.S.2d 44 (A.D. 1994). [1995 FP 69-70]
     Arbitrator orders police dept. to reinstate take-home vehicle policy which was unilaterally restricted for economic reasons during the life of the bargaining agreement. Kansas City KS and FOP L-4, 104 LA (BNA) 710 (Bailey, 1995). [1995 FP 138-9]
     Arkansas upholds summary dismissal of a police officer who was fired for not terminating high speed chase. $39,000 wrongful discharge verdict reversed. Green Forest (City of) v. Morse, 873 S.W.2d 155 (Ark. 1994). [1994 FP 137]
     City settles traffic accident claim; fire truck hit vehicle which was propelled into a pedestrian. City paid $750,000 and other vehicle paid $10,000. Kozamski v. City of N.Y., N.Y. Co. Sup.Ct. #1958/90, 38 (7) ATLA L.Rptr. 266 (10/4/94). {N/R}
     Emergency vehicle could lawfully pass a stopped school bus. State v. Jones, 541 N.E.2d 1100, 44 Ohio Misc. 2d 35 (1989).
     Appeals court upholds administrative find and disciplinary suspension imposed on police officer for negligent driving and causing a vehicular collision. Spillman v. Town of Rampo, 520 N.Y.S.2d 598 (A.D. 1987).
     Five-day administrative fine upheld for failing to immediately report damage to department vehicle. Turzyn v. Rozzi, 520 N.Y.S.2d 601 (A.D. 1987).
     Officer who wrecked squad car could be required to pay costs of repair; fact blood/alcohol level was only 0.8 irrelevant. Hussey v. City of New Orleans Dept. of Police, 502 So.2d 1103 (La. App. 1987).
     Errant drivers not liable for property damage to city vehicles unless previously warned, but may be suspended for poor driving. Additionally, reimbursement would cause overly cautious emergency response. Williams v. Dept. of Police, 487 So.2d 528 (La. App. 1986).
     Brief suspension appropriate for intersection collision while on emergency run. Powell v. Alexandria Mun. Fire & Police Bd., 476 So.2d 1109 (La. App. 1985).
     City wins countersuit for vehicle damage while successfully defending wrongful death claim. Holmes v. Spokane Valley, King Co. Sup'r Ct. (1979).
     Suspension from use of vehicle does not require a hearing. Opinion #78-1086 N.Y. State Comptroller.
     Passengers receive $635,000 for collision with emergency vehicle; city ran red light at intersection, beacon light out. Weir v. City of St. Paul, Ramsey Co. #390919 (1977).
     Statute can immunize department rules on emergency call held evidence of negligence; employer created higher standard of care. DeLong v. City and County of Denver, 520 P.2d 1308, 1309 (Colo. App. 1974); Dillenbeck v. City of Los Angeles, 446 P.2d 129 (Cal. 1969).
     "Looking at smoke" fire truck drive struck automobile; other driver, passengers, recover $97,500 for their injuries. Mason v. Village of Bellwood, 346 N.E.2d 175 (Ill.App. 1976).
     Employee reimbursement for damage caused part of city rules; not enforced in this case. City of Inkster, Mich. and Inkster Police Officers" Assn., (Cook, 1976).
     Leaving the city limits did not affect liability of fire department for accident injuries inter-agency contract was still a governmental function. Nanna v. Vil. of McArthur, 335 N.E.2d 712 (Ohio App.).
     See also: Disciplinary Appeals.