AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Vehicle Related
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.