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Employment & Labor Law for Public Safety Agencies


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Disciplinary Offenses - In General

     The Wyoming Supreme Court overturned the termination of a deputy who had been accused of not performing his duties relating to report writing and firearms security. His conduct did not violate the department's written policies. There was undisputed evidence that the deputy's shotgun had been secured in a gun locker at his brother's house, which complied with the department's policy for securing a weapon with a lock when it was outside of a deputy's immediate control. Cook v. Laramie County Sheriff's Dept., #S-11-0152, 2012 WY 47, 2012 Wyo. Lexis 50.
     An officer arrested for soliciting a prostitute under a sting operation pled no contest to criminal charges, receiving a fine and probation. He entered into a settlement agreement to resolve disciplinary charges against him, under which he would serve a 30 day suspension, and waive his administrative appeal rights. His lawyer later sent the police chief a letter stating that the settlement was null and void. This repudiation of the settlement justified the department's decision to proceed with the officer's termination. Ferguson v. City of Cathedral City, #E051039, 2011 Cal. App. Lexis 978 (4th Dist.).
     A police chief did not violate a state eavesdropping law by installing surveillance software on a department owned mobile data terminal used by an officer. There was no showing that the senders of the pornographic images intercepted intended for them to be private. The officer was properly discharged for accessing pornography on the device while on duty, in violation of departmental rules. Hurst v. Bd. of the Fire & Police Comm'n for Clinton, #4-10-0964, 2011 Ill. App. Lexis 734 (4th Dist.).
     Federal appellate panel upholds an arbitration award that terminated a federal corrections officer who was convicted of the misdemeanor crime of domestic violence; it is illegal for him to possess a firearm. Allen v. Dept. of Justice, #2009-3240, 2010 U.S. App. Lexis 405 (Unpub. Fed. Cir.).
     Appellate panel affirms the termination of a Naval Criminal Investigative Service employee who ran a criminal history inquiry on her husband for her personal benefit. Because management made a credible showing that the employee was not a viable candidate for rehabilitation there was no basis for overturning the Merit Systems Protection Board's decision. Valdez v. Dept. of the Navy, #2010-3035, 2010 U.S. App. Lexis 5598 (Unpub. Fed. Cir.).
     Federal appeals panel affirms the termination of a 20-year veteran Customs and Border Patrol officer because she married an illegal alien. The penalty was not unjust because she had been suspended four times since 2002. Olmos v. Dept. Homeland Security, #2010-3009, 2010 U.S. App. Lexis 2373 (Unpub. Fed. Cir.).
     Appellate court sustains the termination of a county employee who wore a ribbon to demonstrate her membership in the "I Hate Teena Club." Teena was a disliked coworker. The appellant also made threatening and intimidating comments to other coworkers and was known to be vindictive. Sindoni v. Co. of Tioga, #506921, 2009 NY Slip Op 08126, 67 A.D.3d 1183, 889 N.Y.S.2d 285, 2009 N.Y. App. Div. Lexis 7974 (3rd Dept.).
     Arbitrator sustains disciplinary action against a border patrol agent for using discourteous language to a citizen. Because she had been warned previously about her language, a three-day suspension was appropriate. DHS Customs and Border Patrol and AFGE L-3725, FMCS Case #08/04329-3, 26 LA (BNA) 1629 (Skulina, 2009).
     Neither a municipality nor its police dept. is an administrative agency. A “police dept’s rules and regulations are not administrative rules or regulations that are an expression of legislative policy and they do not have the force of law,” citing Carver v. Nall, 186 Ill. 2d 554, 561 (1999).  People v. Williams, #1-05-0810, 2009 Ill. App. Lexis 593 (1st Dist.).
     Management lacked just cause to issue a counseling letter to a police officer for striking a truck bed where the grievant had tried other means to get the driver to change directions. The officer had received no training on the procedures he was to follow if a vehicle attempted to run a roadblock. Hamburg Twp. and Mich. Assn. of Police, FMCS Case #08/59193, 126 LA (BNA) 887 (Block, 2009).
     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 overturns a ten-day suspension of a firefighter for using profanity in an argument with a coworker. Profanity is common in fire stations and other firefighters received lesser discipline for more serious offenses. "... it is noteworthy that had the City only required anger management classes for the grievant, no discipline would have found to exist." City of Springfield, Ohio and IAFF L-333, FMCS Case #07/60088-8, 25 LA (BNA) 1756 (Paolucci, 2008).
     The offense of "Selling Goods in Commerce at Unreasonably Low Prices Eliminating Competition" in violation of 15 U.S. Code §13a (2000) "is not a crime involving dishonesty or false statement." Appellate court overturns the termination of a police officer and rejects the prosecutor’s claim that appellant’s conviction in federal court would impeach his credibility in the local courts. Brady v. Maryland, 373 U.S. 83 (1963), and its progeny "do not require the State to disclose evidence that is inadmissible for impeachment purposes." Reichert v. Bd. of Fire and Police Cmsnrs. of Collinsville, #5-07-0570, 2009 Ill. App. Lexis 108 (5th Dist.).
     Federal Merit Board sustains the termination of a U.S. Army Criminal Investigation Special Agent for rudeness. "...rude and obnoxious behavior toward private citizens by a federal agent in the course of carrying out his investigative responsibilities was an embarrassment to his agency and the government ... [and] is not what is expected of a CID agent ..." Lizzio v. Dept. of the Army, Docket #PH-0752-06-0546-M-1, 2009 MSPB 10.
     Arbitrator sustains the termination of a corrections officer for breaching a last chance agreement. He violated a rule that requires officers to immediately report any arrest -- and waited four days before reporting arrest for solicitation for an act of prostitution. Ohio Dept. of Corrections and Ohio CSEA/AFSCME L-11, #27-04-20070914-1673-01-03, 25 LA (BNA) 232 (Murphy, 2008).
     Arbitrator overturns a two-week suspension of a sheriff's deputy for taking enforcement action while off-duty in an incident where he personally was involved. The policy language was confusing. Lawrence County Sheriff and Ohio FOP, FMCS Case #08/01635, 125 LA (BNA) 304 (Harlan, 2008).
     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).
     Arbitrator sustains the termination of a municipal employee that intentionally delayed providing notification of his divorce to management so that his ex-wife could continue to access his health insurance coverage; when confronted, the grievant was not honest or forthcoming. City of Eugene and AFSCME L-1724, 124 LA (BNA) 1724 (Henner, 2008).
     Arbitrator finds that management lacked just cause to issue one-day suspension to a police officer who highlighted the names of two fellow officers on a printout of overtime hours that was on a stationhouse bulletin board, along with comments that insulted his coworkers about their overtime use. Department regulations did not specify what kinds of comments are inappropriate for the bulletin board. City of Parma Heights and Ohio PBA, 124 LA (BNA) 1196 (Sambuco, 2007).
     Arbitrator sets aside a three-day suspension of police officer for trespass and for bringing discredit upon the police department; an involvement in a domestic quarrel is not enough to find that the officer violated a law or departmental rule. An officer's exercise of poor judgment does not equate to a willful act. City of Rockford and PBA, 124 LA (BNA) 1416, FMCS Case #07/51455 (Cohen, 2008).
     Arbitrator sustains the termination of a private sector employee that called a coworker a "mother fucking nigger," rejecting the union's argument that since both grievant and her coworker are African-American, no violation of the employer's discriminatory harassment policy occurred. U.S. Steel Corp. and Steelworkers L-1014, 124 LA (BNA) 1021 (Petersen, 2007).
     Federal Circuit upholds the termination of an ICE special agent that unlawfully employed a foreign national and lied about her status. Lair v. Dept. of Homeland Security, #2007-3147, 2007 U.S. App. Lexis 29077 (Unpub. Fed. Cir.).
     Federal Circuit sustains the termination of a border patrol agent who failed to respond to another agent's calls for help. Although the agent claimed that he acted properly because he was supervising two unrestrained suspects, and that the other agent was not in danger, those defenses were rejected because (1) border patrol agents are trained to abandon their role supervising unrestrained suspects as soon as a fellow officer calls for help and (2) the appellant was put on notice of the need to respond to an agent requesting assistance after he had failed to respond to an agent requesting help in 2003. Caswell v. Dept. of Homeland Security, #2007-3253, 2007 U.S. App. Lexis 28398, affirming 2007 MSPB Lexis 2668 (Unpub. Fed. Cir.).
     Federal appeals court upholds an ICE special agent's 30-day suspension for violating a rule against communicating with confidential informants while alone and a failure to properly secure evidence. Sweeney v. Dept. of Homeland Security, #07-3014, 2007 U.S. App. Lexis 11336 (Unpub. Fed. Cir. 2007).
     Federal appeals court sustains a grant of summary judgment to a city on the due-process claims raised by police officer, who was fired after he admitted storing drug evidence in a home safe. Poolman v. City of Grafton, #06-3220, 2007 U.S. App. Lexis 12933, 26 IER Cases (BNA) 363.
     Excessive absenteeism justified the termination of a clerical employee in the District Attorney's Office. She reported to work only 50 days during a 6-month period, which equaled an 85% absence rate. Considine v. Pirro, Docket #2005-11912, Index No. 11271/05, 2007 NY Slip Op 02555, 2007 N.Y. App. Div. Lexis 3725.
     Appellate court holds that a corrections officer was lawfully terminated for not reporting rumors that a fellow officer intended to have a prisoner assaulted by other inmates. The officer "believed that if he reported the rumors, his fellow correction officers would retaliate against him by shunning him, refusing to work with him, delaying responses to emergency situations, or causing personal injury." The fact that a corrections officer "may suffer indignation at the hands of his coworkers does not allow him to compromise the safety of those in his charge." A fear of retaliation by other officers does not justify a refusal to report a known threat; the officer's conduct was unconscionable. Dept. of Corrections v. Unemployment Comp. Bd., #1205 C.D. 2006, 2007 Pa. Commw. Lexis 72.
     Federal appeals court sustains disciplinary action for presenting a DoD police badge to an officer when the federal employee was no longer employed in a law enforcement capacity. Welch v. Dept. of Veterans Affairs, #2006-3206, 2007 U.S. App. Lexis 6059 (Unpub. Fed. Cir.).
     Lying during a disciplinary interview is a separate offense from the one under investigation, and does not merge with the underlying offense. Cal. Dept. of Corr. v. Cal. State Pers. Bd., #F048806, 147 Cal. App.4th 797, 54 Cal.Rptr.3d 665, 2007 Cal. App. Lexis 192 (5th App. Dist. 2007).
     City did not have just cause to suspend a police officer for his use of the F--- word at a crime scene, even if he violated a rule against using indecent, profane, or harsh language. "... the use of the F--- word with the four suspects could not under these circumstances be considered as indecent, profane or harsh because this was the language they understood. ... This is clearly evident by the language used by the four suspects before the [Grievant] quieted them down." City of Hurst and Individual Grievant, AAA Case #71-390-00290-06, 123 LA (BNA) 302 (Moore, 2006).
     Arbitrator finds that management did not have just cause to impose a 24-hour suspension on a firefighter EMT who went to his nearby residence for lunch; there is no written policy prohibiting such action. Orange County, FL and IAFF L-2057, AAA Case #32-390-00218-06, 123 LA (BNA) 460 (Smith, 2007).
     Appellate court sustains the termination of a Justice Dept. employee for the repeated use of sexist and ethnically insensitive language and profanity. Levinsky v. DoJ, #06-3046, 2006 U.S. App. Lexis 30388 (unpub. Fed. Cir.) affirming 99 M.S.P.R. 574, 2005 MSPB Lexis 4853 (2005). [N/R]
     Although the plaintiff was fired from her job as a jailer on the day after she gave a deposition in her Title VII lawsuit, there were two nondiscriminatory reasons for firing her: a prisoner suicide occurred on her watch, and her apparent dishonesty in the death investigation. McGowan v. City of Eufala, # 04-7083, 2006 U.S. App. Lexis 31277 (10th Cir. 2006). [N/R]
     Fifth Circuit upholds the termination of a county nurse that was fired for calling the Secret Service to report a mental patient's threats against the President. Her termination did not violate the First Amendment because the patient was delusional, she violated by hospital's confidentiality policy, and the facility's doctor was in a better position to assess the gravity of the threat and to decide whether the Secret Service should be notified. Davis v. Allen Parish, #06-30017, 2006 U.S. App. Lexis 31119 (5th Cir. 2006). [N/R]
     Appellate court sustains the removal of a Customs and Border Protection Officer for possession of illegal drugs. It was not necessary for him to be convicted of a criminal offense for the termination to be sustained. Wilson v. Dept. of Homeland Security, #2006-3276, 2006 U.S. App. Lexis 28463 (Fed. Cir. 2006); 2006 MSPB Lexis 2191 affirmed.{N/R}
    Arbitrator finds that a suspect misidentification was reasonable based upon the information in the officer's possession A ten-day suspension was annulled. Ohio Dept. of Public Safety and FOP Ohio, 122 LA (BNA) 897 (Graham, 2006). {N/R}
     Arbitrator sustains the termination of a public employee for repeated tardiness. Although affected by sleep apnea, she refused treatment and was sleeping at her desk. City of Norman and AFSCME L-2875, 122 LA (BNA) 929, FMCS Case #06/1014 (Goodstein, 2006). {N/R}
     Tenth Circuit upholds the termination of the fire chief's secretary after she obtained the billing records for the chief's city-issued mobile phone from clerk's office to learn whether he was having an extramarital affair. She worked in a job that required a high degree of loyalty, used a false pretense to obtain the records, and was acting on a personal motive to obtain the records. Spencer v. City of Midwest City, #04-6281, 2006 U.S. App. Lexis 14674, 24 IER Cases (BNA) 1153 (10th Cir. 2006). {N/R}
     Arbitrator annuls discipline of a firefighter who used a bicycle to commute to work, contrary to orders, because of vagueness in his superior's directions. City of Lorain, Ohio and I.A.F.F. L-267, 122 LA (BNA) 865, FMCS Case #06/503998 (Skulina, 2006). {N/R}
     Eleventh Circuit upholds the firing of three Florida deputy sheriffs for engaging in sexually explicit conduct, available for "pay-per-view" on the Internet, and without obtaining approval for off-duty employment. Thaeter v. Palm Beach County Sheriff's Office, #03-13177, 2006 U.S. App. Lexis 13308 (11th Cir. 2006). [2006 FP Aug]
     Appellate court reinstates an 8-hour suspension imposed on a state patrol sergeant who shot the gun out of the hand of a man who was about to kill himself. The appellate court panel overturned a trial court judge that substituted his judgment for that of the state patrol superintendent. Although the sergeant successfully averted a suicide, his unconventional method was dangerous and reckless. State of Missouri ex rel. Crowe v. Missouri St. Highway Patrol, 168 S.W.3d 122 (2005). [2005 FP Dec]
     New York appellate court affirms disciplinary action against a NYPD officer after shooting at a moving vehicle and using his patrol car as a roadblock in violation of agency policy. Calhoun v. Kelly, #4624, 788 N.Y.S.2d 33, 2004 N.Y. App. Div. Lexis 15655 (A.D. 2004). [2005 FP May]
     Seventh Circuit reinstates a civil rights suit brought by a city worker who, while facing criminal prosecution for drug possession, refused to answer questions at an internal interview. The city had failed to inform him that his answers would be immunized from use in a criminal case. Burleson v. Hancock Co. Sheriff's Dept., 872 So.2d 43 (Miss. App. 2003); cert. den., 873 So.2d 1032 (2004); cert. filed, #04-180, 73 U.S.L.W. 3113 (8/3/04). [2004 FP Dec]
     Mississippi sheriff's deputy, who was fired because he was a "liability risk" loses a court challenge to his termination. He was terminated because he precipitated two lawsuits and the insurance carrier threatened not to renew the county's professional liability policy. Burleson v. Hancock Co. Sheriff's Dept., #2002-CC-00411, 872 So.2d 43, 2003 Miss. App. Lexis 1063 (2003); cert. denied 2004 Miss. Lexis 467 (2004); U.S. Sup. Ct. cert. petit. filed, #04-180 (8/3/2004). {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]
     MSPB judge overturns the firing of a public employee because she had body odor, and reduces the penalty to a 90-day suspension. Her punishment was lightened because she suffers from depression. Heilpern v. Dept. of the Army, #PH-0752-03-0271-I-1, 42 (2067) G.E.R.R. (BNA) 687 (MSPB-AJ 2003). [2004 FP Oct]
     Arbitrator reinstates supervisor who was fired for forwarding to a coworker, an e-mail containing payroll information. E-mail was not labeled as confidential. Port Auth. of Allegheny Co. and A.T.U. L-85, 119 LA (BNA) 1086, FMCS #030225/04649-7 (Simmelkjaer, 2004). {N/R}
     Airport authority did not commit unfair labor practice when it discharged an employee who brought a firearm in his vehicle to work, where possession of a firearm violated agency policies. Airport Auth. of Washoe Co. and Airport Auth. Emplees. Assn., 119 LA (BNA) 920, FMCS Case #03/12713 (Staudohar, 2004). {N/R}
     DC Bar joins Virginia in ruling that government attorneys ethically may engage in fraud, deceit, or misrepresentation if they reasonably believe that their official duties require covert action. D.C. Bar Legal Ethics Opinion 323, 42 (2054) G.E.R.R. (BNA) 357 (3/30/2004) ; Virginia State Bar Ethics Opinion 1765, 41 (2019) G.E.R.R. (BNA) 768 (6/13/03). [2004 FP Jun]
     Federal appeals court rejects a retaliation lawsuit filed by a state police captain who claims he was denied a promotion and given an unwanted assignment because he broke the chain of command by bypassing his major, and informing a lieutenant-colonel that the FBI was investigating a trooper for bribery. The captain had no reason to believe his superiors were involved in the scheme, and there was no justification for circumventing a regulation that required all members to inform their immediate supervisor of any knowledge of misconduct by a department member. Ober v. Evanko, #02-3725, 2003 U.S. App. Lexis 23040 (3rd Cir. 2003). [2004 FP Feb]
     Arbitrator holds that management had just cause to suspend the union president for accessing sexually explicit websites with his work computer, despite his claim that he was doing so to learn if management had blocked certain websites. He knew he was not supposed to access sexually explicit materials and accessed the site when he was not scheduled to work and when no one else was present. U.S. Dept. of Agriculture and AFGE L- 3354, 118 LA (BNA) 1212, FMCS Case #02/06813 (Cook, 2003). {N/R}
     Arbitrator upholds the disciplinary suspension of an Air Force employee who repeatedly made verbally abusive comments in the workplace - including a suicide threat. Tinker AFB Oklahoma and AFGE L-916, 118 LA (BNA) 963, FMCS Case #00/13835 (Crow, 2003). [2003 FP Nov]
     Virginia State Bar rules that a lawyer employed by a federal agency does not act unethically by performing lawful undercover work that involves deception. Virginia State Bar Ethics Opinion No. 1765, 41 (2019) G.E.R.R. (BNA) 768 (6/13/03). {N/R}
     Although a person has a legal right to defend himself against an assault, an employer's policy prohibiting employees from fighting, even in self-defense if retreat is possible, does not violates a public policy. Escalante v. Wilson's Art Studio, #G029742, 2003 Cal. App. Lexis 842 (4th Dist. 2003). {N/R}
     Appeals court upholds the firing of a Chicago officer who failed to report that shots were fired at a fleeing vehicle and fatally shot an unarmed passenger. The panel also upheld a one-year suspension of an officer who falsely claimed that the driver had attempted to run over the officers. Daniels v. Police Bd., #1-01-2419, 2003 Ill. App. Lexis 535 (1st Dist. 2003). [2003 FP Jul]
     Arbitrator upholds disciplinary action against a corrections officer who threatened to "get even" with an inmate that had filed grievance against an officer; corrections officials cannot punish or retaliate against inmates who exercise their First Amendment rights. In re Wackenhut Corrections Corp. and Delaware County Prison, FMCS Case #02/12670-7, 117 LA (BNA) 1802 (Smith, 2002). {N/R}
     New governor of Illinois, who campaigned on a platform of restoring honesty to state government, has issued three executive orders creating an Office of Inspector General, mandating ethics training, and strengthening whistleblower laws. Illinois Executive Orders No. 3-2003, 4-2003 and 5-2003 (Jan. 23, 2003). [2003 FP Apr]
     Arbitrator holds that a school system had "just cause" to discipline a teacher who returned marijuana to one of his students, despite his belief that it was not his job to confiscate marijuana or to enforce the state's drug laws. Grand Rapids Public Schools and G.R. Educ. Assn., 117 LA (BNA) 1362, AAA Case #54-390-00390-02 (Brodsky, 2002). {N/R}
     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 Local 170, FMCS Case #02/04541,117 LA (BNA) 1454 (Goodman, 2002). [2003 FP Apr]
     Arbitrator holds that a city could require its animal control officers to have a special deputy sheriff commission, and if it is revoked, the officer is not entitled to retain his municipal employment. City of Indianapolis and AFSCME L-725, 117 LA (BNA) 911, AAA Case No. 52-390-00300-01 (Alexander, 2002) [2003 FP Feb]
     Arbitrator rules that management had just cause to terminate a police officer who took paid leave to attend military training on multiple occasions. The military attendance and pay records showed him to be absent, and he was unable to prove his presence by the testimony of other military reservists. FOP and the City of Cambridge, Ohio (Graham, 7/12/2002). {N/R}
     Oregon Supreme Court disciplines an attorney who instructed an investigator to misrepresent his identity as a journalist to interview a claimant. Disciplinary Rule 1-102(A)(3) prohibits conduct involving "dishonesty, fraud, deceit or misrepresentation." In re Ositis, S46805, 333 Ore. 366, 40 P.3d 500, 2002 Ore. Lexis 96 (Ore. 2002). {N/R}
     Federal appeals court rejects the lawsuit of a state police chief who was fired for opposing the a subordinate from continuing to serve as the deputy chief. It was insubordination for the chief, whose position requires loyalty to speak on job-related issues in a manner contrary to the position of his employer. Rose v. Stephens, #00-6542, 291 F.3d 917, 2002 U.S. App. Lexis 10581, 2002 FED App. 0194P, 18 IER Cases (BNA) 1147 (6th Cir. 2002). [2002 FP Sep]
     Third Circuit holds that a corrections officer has a legal duty to intervene and prevent the excessive use of force, even if caused by supervisors or superior officers. "The duty to uphold the law does not turn upon an officer's rank." Smith v. Mensinger, #99-1382, 2002 U.S. App. Lexis 11678 (3rd Cir. 2002). {N/R}
       Pennsylvania State Police sergeant is suspended without pay for allegedly auctioning police equipment on the eBay Internet site; items included radar guns and riot helmets. "Pa. Police Commander in Online Scam," Associated Press, Dec. 20, 2001. {N/R}
     Arbitrator upholds a five-day disciplinary suspension of an academy instructor who used inflammatory language to describe a student's husband. Federal Bur. of Prisons and AFGE L-33, FMCS #01/00294, 116 LA (BNA) 255 (Cocalis, 2001). [2002 FP Jan]
     Arbitrator upholds firing of a security officer who called his sergeant a dumb son of a bitch. S.P.I., Inc. and Int. Union, Security, Police & Fire Prof. L-796, FMCS #00/032908327-8, 115 LA (BNA) 1403 (Rivera, 2001). [2001 FP 133]
     Arbitrator overturns suspensions for not backing up a fellow officer. There was no formal policy requiring a backup, and none had been requested by the responding officer. City of Sumner and Sumner Police Guild, 115 LA (BNA) 580 (Calhoun, 2001). [2001 FP 67]
     Arbitrator holds that a state agency did not have just cause to discharge a worker whose driver's license was suspended, even though its policy was to do so, where he suffered from major depression, and should have been placed on FMLA leave before his license was suspended and agency took disciplinary action. Ohio Dept. of Transp. and Ohio Civ. Serv. Emp. Assn., #31-01-00309-08-01-06 ,115 LA 563 (Smith, 2001). {N/R}
     Maryland upholds the suspension of an officer who engaged in a fatal chase outside of his jurisdiction. His conduct was not justified as a “citizen's arrest” or “to neutralize risks to life” by allowing an impaired motorist to continue driving. Boston v. Baltimore Co. Police Dept., #75-1999, 357 Md. 393, 744 A.2d 1062, 2000 Md. Lexis 37. [2000 FP 118]
     Arbitrator upholds disciplinary action against officers who ignored or reported late for uncompensated roll-call periods. Cook Co. Sheriff and Metrop. Alliance of Police, #97-ADM-014, 114 LA (BNA) 389 (J. Cox, 1999). [2000 FP 149-50]
     Parole officers were lawfully suspended for violating department policies by making unauthorized stops while transporting a prisoner between jails. Officers unsuccessfully raised 1st Amendment and whistleblower claims. Ingram v. Johnson, 187 F.3d 877, 1999 U.S. App. Lexis 19760, 15 IER Cases (BNA) 903 (8th Cir.). {N/R}
     Sheriff's Office lacked just cause to suspend a deputy for passing a bad check where the criminal case was dismissed. Franklin Co. Sheriff's Off. and FOP, FMCS #001020/00845-6, 114 LA (BNA) 958 (T. Skulina, 2000). {N/R}
     Federal appellate panel disallows the termination of an at-will worker who was fired for violating her employer's rule against comparing wage rates. Wage discussions are a protected activity. Main STC Ctr. and Craig., #9-CA-35620, 327 NLRB No. 101, 1999 NLRB Lexis 51. [1999 FP 69]
     Ohio appeals panel sustains the termination of a police officer who failed to report that he had applied a chokehold to a prisoner. Shirey v. Beal, 118 Ohio App.3d 678, 693 N.E.2d 1146 (1997). [1999 FP 7-8]
     Missouri appellate court sustains the termination of a corrections officer who omitted key details in a use of force report. The fact that a videotape was made is no excuse. Officer also violated an internal affairs gag order. Lower v. Lombardi, 957 S.W.2d 808, 1997 Mo.App. Lexis 2167. [1999 FP 8]
     Appellate court sustains the offense of failing to prevent fellow officers from using excessive force on a prisoner, but remands the case because the Police Board failed to adequately document the facts supporting the charge. Cummings v. Mischeaux, 960 S.W.2d 560 (Mo.App. 1998). {N/R}
     Divided federal appeals panel affirms termination of a police officer because his wife and daughter plotted to bribe the chief. Singleton v. Cecil, 133 F.3d 631, 1998 U.S. App. Lexis 124, 13 IER Cases (BNA) 987 (8th Cir.). [1998 FP 36]
     Federal appeals board upholds a 30-day suspension of a Deputy U.S. Marshal who converted frequent-flyer miles he earned on government business to his own use, taking 17 trips valued at $31,534. Lewin v. Dept. of Justice, # DE-0752-96-0446-I-1, 74 M.S.P.R. 294, 1997 MSPB Lexis 537 (1997). {N/R}
     California Attorney General rules that acceptance of frequent flyer benefits by public officials does not violate laws prohibiting them from receiving free travel, gratuities or discounts. Cal. Atty. Gen. Opins. 97-301, 97 C.D.O.S. 4443. [1997 FP 118]
     Officer loses challenge to his termination that the Second Amendment gave him the right to shoot a homeless man who had struck him with a bottle. Austin v. Neal, 933 F.Supp. 444 (E.D.Pa. 1996). [1997 FP 84]
     Fire chief, on leave of absence, could not be fired for attempting to punch a fire district trustee during a public meeting. Crist v. B.R. Fire Dist., 105 Ohio App.3d 111, 663 N.E.2d 722 (1995). [1997 FP 35]
     Appeals court upholds disciplinary suspension of firefighter who refused to attend a training class; his defense, that the Board of Cmsnrs. did not adopt a formal rule mandating the training, must fail. Crawford v. Jonesville Fire Cmsnrs., 645 N.Y.S.2d 587 (A.D. 1996). [1997 FP 53]
     Arbitrator annuls punishment of firefighter who hung up the phone on an asst. chief. Their conversation was overheating, and continuing the dialog might have precipitated worse behavior. Marine Corps and AFGE L-2018, 105 LA (BNA) 942 (Gentile, 1996). [1996 FP 117]
     Public policy encouraging persons to assist those in need and to protect human life are superior to an employer's disciplinary regulations; security officer's termination annulled. Gardner v. Loomis Armored Inc., 128 Wash.2d 931, 913 P.2d 377, 1996 Wash. Lexis 109. [1996 FP 117-8]
     Federal court dismisses suit of corrections officer who was terminated for a willful failure to promptly report her arrest for shoplifting. Reeves v. Thigpen, 879 F.Supp. 1153 (M.D.Ala. 1995). [1996 FP 21]
     Arbitrator reinstates perimeter corrections officer who took no action during a prison break. She had radioed for instructions, but none was given. Moreover, the 10 escapees were armed and civilians were present. 26 (3) LAIG #5149 (AAA) 5 (Ellmann, 1995). {N/R}
     U.S. Supreme Court says a hearing authority may, but need not order reinstatement and back pay to a terminated employee who gives false evidence at the hearing. ABS Freight Sys. v. N.L.R.B., 114 S.Ct. 835 (1994). {N/R}
     Arbitrator upholds indefinite suspension of a police officer who refused to disclose the name of his confidential informant to a superior officer. Information was needed, because the insubordinate officer was accused of misusing state driver records. City of Cleburne and Indiv. Grievant, 25 (8) LAIG #5067 (Detwiler, 1994). {N/R}
     NY appellate court sustains termination of two police officers who administered excessive corporal punishment to small children in their custody. Dash v. Brown, 604 N.Y.S.2d 108 (A.D. 1993). [1994 FP 166]
     Arbitrator annuls the termination of a male police officer who, in violation of the chief's order, continued to see a woman who had complained that the officer sexually harassed her. Toronto, Ohio (City of) and F.O.P. Lodge 1, 102 LA (BNA) 645 (Duff, 1994). [1994 FP 165- 6]
     County could not punish a corrections officer for failing to notify superiors she married a state prison inmate, but could punish her for untruthfulness. Napa (County of) and Napa Assn. of Public Empl., 102 LA (BNA) 590 (Knowlton, 1994). [1994 FP 148]
     Private employer violated the due process rights of seven drivers who were terminated when the employer's insurance carrier refused to insure their vehicles. Employer failed to explore other insurance options and never warned the drivers their driving records could affect their employment. Boulder Yellow Cab and I.B.T. L-435, 102 LA (BNA) 848 (Watkins, 1993). {N/R}
     Arbitrator agrees with city that police officer's display of his firearm was unnecessary, but a lack of written guidance and training warrants a reduction of discipline from a suspension to a warning. Cromwell, Town of and IBPO, 101 LA (BNA) 388 (Stewart, 1993). [1994-132]
     Arbitrator invalidates rule which automatically subjected employees to discipline for their off-duty driving violations. Violations should be evaluated on a case-by-case basis. Coca-Cola Bottling and Teamsters L-838, 101 LA (BNA) 576 (Thornell, 1993). [1994 FP 132-3]
     Illinois appellate court reinstates an officer wrongfully terminated for unexcused absence. Officer could rely on his physician's advice that he was unable to safely return to work following an on-duty injury. Norman v. Bd. of Fire & Police Cmsnrs. of Zion, 614 N.E.2d 499 (Ill.App. 1993). [1994 FP 86-7]
     Federal appeals court strikes down a statutory ban on the acceptance of honoraria by Executive Branch personnel. N.T.E.U. v. U.S., 990 F.2d 1271 (D.C.Cir. 1993); cert. gtd. 114 S.Ct. 1876. [1994 FP 87]
     Federal court upholds right of a corrections officer to share accommodations with an ex-felon; intermediate scrutiny test applied. Reuter v. Skipper, 832 F.Supp. 1420 (D.Ore. 1993). Federal appeals court affirms, 4 F.3d 716 (9th Cir. 1993); cert. den., 114 S.Ct. 1397 (1994). [1994 FP 4, 101]
     Dept. could discipline off-duty officer for failure to act at the scene of a shooting. Hong v. Brown, 577 N.Y.S.2d 817 (A.D. 1991). [1993 FP 6]
     City could summarily fire probationary firefighters that fail a paramedic qualifying examination. Woody v. City of Dallas, 809 F.Supp. 466 (N.D.Tex. 1992). [1993 FP 133]
     Police chief could discipline a lieutenant for loitering; quantum of punishment left open. Echard v. City of Parkersburg, 419 S.E.2d 14 (W.Va. 1992). [1993 FP 21-2]
     Federal appeals court rejects suit by police officers to overturn demotions imposed for undertaking a secret investigation of their superior officer. Maciariello v. Sumner, 973 F.2d 295 (4th Cir. 1992); U.S.Sup.Ct. Pet. # 92-876. [1993 FP 36-7]
     NY appellate court upholds termination of a woman corrections officer who married an inmate/parolee. State's marital discrimination law was inapplicable. Vega v. Dept. of Corr. Services, 588 N.Y.S.2d 202 (A.D. 1992). [1993 FP 71]
     Appellate court upholds suspension of sergeant for use of "indecent language" and shoving a citizen. Alston v. NYC Transit Auth., 588 N.Y.S.2d 419 (A.D. 1992). [1993 FP 84-5]
     Off duty argument with a citizen did not rise to the level of an "altercation." Three-day suspension annulled. Caesar v. Dept. of Police, 609 So.2d 881 (La.App. 1992). [1993 FP 101]
     Appeals court annuls punishment of firefighter for "misconduct" not specifically tied to departmental regulations. Bigando v. Heitzman, 590 N.Y.S.2d 553 (A.D. 1992). [1993 FP 101]
     Appellate court upholds disciplinary action against a police sergeant; following an officer-involved shooting, he advised a subordinate to remain silent and summoned a union attorney in her behalf. Prince George's Co. v. Younkers, 94 Md.App. 48, 615 A.2d 1197 (1992). [1993 FP 101-2]
     County officer should have been promptly reinstated when criminal charges were resolved in his favor. Greiner v. Greene County, 591 N.Y.S.2d 864 (A.D. 1992). [1993 FP 116]
     Missouri holds that a plea of guilty and agreed probation where a final judgment is not entered is not a "conviction" causing a firefighter to forfeit his position. Yale v. City of Independence, 846 S.W.2d 193 (Mo. 1993). [1993 FP 150]
     Officers properly suspended for sleeping past time a meeting with the mayor was scheduled. Amendola v. Civil Service Cmsn., 589 A.2d 775 (Pa.Cmwlth. 1991). [1992 FP 69]
     Appellate court upholds disciplinary action against a sergeant for the misconduct of patrolmen under his supervision. Ligreci v. Honors, 568 N.Y.S.2d 992 (A.D. 1991). [1992 FP 85]
     Appellate court upholds termination of vice officer for knowingly making a false arrest. Philadelphia Civil Serv. Cmsn. v. Ross, 595 A.2d 200 (Pa.Cmwlth. 1991). [1992 FP 133-4]
     A captain's order to a sergeant to "obey the law" cannot be used as an additional basis for punishment. United States v. Mitchell, 34 M.J. 1252 (ACMR 1992). [1992 FP 149]
     Termination of police officer upheld for selling a handgun with a removed serial number and possession of unregistered weapons. Kappel v. Police Bd. of Chicago, 580 N.E.2d 1314 (Ill.App. 1991). [1992 FP 164-5]
     Officers could be punished for unjustifiably pointing their firearms at motorists. Rodriguez v. Ward, 564 N.Y.S.2d 356 (A.D. 1991); Daly v. Cmsnr. of Police, 565 N.Y.S.2d 68 (A.D. 1991). [1992 FP 21]
     Federal Court upholds termination of police officer who made a racially offensive videotape and who appeared to be on patrol in the nude. DeClara v. Metro. Transp. Auth., 748 F.Supp. 92 (S.D.N.Y. 1990).
     Careless behavior at accident investigation site supported a short disciplinary suspension and probation. McKean v. Ward, 561 N.Y.S.2d 205 (A.D. 1990).
     Appellate court reverses termination of corrections officer; department failed to prove employee received training or instructions to physically separate fighting inmates. Dept. of Pub. Sfty. & Corr. v. Mayfield, 563 So.2d 1230 (La. App. 1990).
     The failure to report illegal drug use by spouse warranted the termination of a police officer. Colon v. Ward, 554 N.Y.S.2d 231 (A.D. 1990).
     Throwing a prisoner to the ground then beating his head against the floor was "excessive" force, warranting termination, and was not justified by the prisoner's alleged resistance. Smith v. Roosevelt Co., 788 P.2d 895 (Mont. 1990).
     Louisiana appellate court rules it would be an "injustice" to terminate an employee, accused of selling drugs, after his conviction was reversed. Caldwell v. Caddo Levee Dist., 554 So.2d 1245 (La.App. 1989).
     Fire Dept. could not discipline IAFF president for "soliciting" public donations to the union local. City of Evanston v. Evanston Fire Fighters Assn. L-742, 545 N.E.2d 252 (Ill.App. 1989).
     Chief could not discipline officer for secretly taping the conversation he had with him. Bender v. Board of Fire & Police Cmsnrs. of Dolton, 539 N.E.2d 234 (Ill.App. 1989).
     Dept. could not discipline a police officer for testifying for the defendant in a criminal trial; jury award of $906,500 affirmed by federal appeals court. Melton v. City of Okla. City, 879 F.2d 706 (10th Cir. 1989).
     Public disclosure of the contents of a suicide note found at the scene of death warranted discipline, but not termination. Appellate court reduces punishment to a one-month disciplinary suspension. Tweedel v. Fire Prot. Dist., 546 So.2d 654 (La. App. 1989).
     Missouri appellate court sustains termination of city employee for calling a fellow employee a "Nigger." City not required to show the word impaired workplace efficiency. Medvik v. Ollendorff, 772 S.W.2d 696 (Mo.App. 1989).
     Appellate court upholds rules requiring officer to first notify his superiors he will testify in behalf of a defendant in a criminal proceeding, and to appear in civilian clothes when doing so. Riviera v. Rozzi, 539 N.Y.S.2d 465 (A.D. 1989).
     Sergeant could not be disciplined for failing to supervise his subordinates simply because he did not go to the scene of a reported non-fatal shooting. Duffy v. Dept. of Police, 539 So.2d 869 (La. App. 1989).
     Appellate court upholds termination of officer because his partner kept a weapon seized as evidence. His silence warranted the sanction of dismissal. Washington v. Dept. of Police, 539 So.2d 934 (La. App. 1989).
     Federal appeals court upholds termination of female police officer for inefficiency insubordination, and making untruthful reports of sexual harassment and discriminatory treatment. Dwyer v. Smith, 867 F.2d 184 (4th Cir. 1989).
     Fire Dept. could not punish firefighter for sleeping through an alarm call, when he failed to wake up and fellow employees did not attempt to rouse him. Simonis v. Countryside Fire Prot. Dist., 527 N.E.2d 673 (2nd Dist. 1988).
     Alcohol impairment, although off-duty, warranted termination of lieutenant. Accused visited the station while intoxicated, then drove his vehicle into a ditch. Lilley v. City of Carmel, 527 N.E.2d 224 (Ind.App. 1988).
     Conducting a private business on city time warranted termination of public employee. Johnson v. City of Wichita, 687 F.Supp. 1501 (D. Kan. 1988).
     The fact officer supported his chief's rival in city election was no defense to his discharge for poor work habits. Black v. City of Wentzville, 686 F.Supp. 241 (E. D. Mo. 1988).
     N.Y. automatic forfeiture of office upon conviction of felony also applies to federal crimes, even though statute fails to specify what felonies are involved. Graham v. Coughlin, 522 N.Y.S.2d 738 (A.D. 1987).
     Filing of false medical report justified discharge of firefighter. Nelmark v. DeKalb Bd. of Fire & P. Cmsnrs., 512 N.E.2d 1021 (Ill.App. 1987).
     Federal court refuses to decide suit by police union against management, which alleged officers are forced to violate the constitutional rights of homeless citizens. American Fed. of R.R. Police v. Natl. R.R. Pass. Corp., 832 F.2d 14 (2d Cir. 1987).
     Officer could not be fired for threatening to kill mayor and chief; he was mentally ill and incapable of conduct unbecoming. He should be separated for medical unfitness. Perry v. Philadelphia Civil Service Cmsn., 529 A.2d 616 (Pa. Cmwlth. 1987).
     Officers failure to work overtime on busy day created an emergency and justified his termination. Higgins v. City of St. Louis, 738 S.W.2d 895 (Mo.App. 1987).
     Casual attention to instructions and poor attitude towards bodyguard assignment warranted two-day suspension of officer. Cherry v. Monroe Mun. Fire & Police Civ. Serv. Bd., 514 So.2d 738 (La. App. 1987).
     Failure to participate in rappelling drill and falsely claiming to have a medical excuse furnished grounds for termination of firefighter. Nelmark v. DeKalb Bd. of Fire & Police Cmsnrs., 159 Ill.App.3d 751, 512 N.E.2d 1021 (1987).
     Leaving patrol zone not grounds to discipline an officer who had notified dispatcher of personal errand. Lafayette v. Fire & Police Civ. Serv. Bd., 512 So.2d 533 (La. App. 1987).
     Reduction of chief to patrol officer upheld, where chief sought to improperly influence a promotion; delay of 2.5 years before discipline was initiated did not violate chief's rights. City of Bossier v. Gauthier, 512 So.2d 623 (La. App. 1987).
     N.Y. Courts uphold a disciplinary agreement that allows termination of employee, if violated, with no right of further appeal. Miller v. New York Dept. of Corr. Ser., 126 A.D. 2d 831, 510 N.Y.S.2d 745, aff'd 69 N.Y.2d 970, 516 N.Y.S.2d 659 (1987); Shannon v. State Dept. of Corr. Serv., 130 A.D. 2d 579, 516 N.Y.S.2d 518 (1987).
     Deliberate eavesdropping on conversation in supervisor's office violated state law, and warranted termination. Holycross v. Indiana State Police Bd., 502 N.E.2d 923 (Ind.App. 1987).
     Dispatcher husband/wife team could be fired for discussing their use of marijuana over department owned and taped telephones. Ostwald v. City of Omaha, 224 Neb. 530, 399 N.W.2d 783 (1987).
     Rule requiring off-duty officers to be armed was incompatible with rule prohibiting carrying a weapon while consuming alcohol. Kneip v. Bd. of Fire $ Police Cmsnrs. of Wood Dale, 602 N.E.2d 436, 150 Ill.App.3d 870 (1986).
     Taking a hand-held radio home was a punishable offense, warranting termination of probationary police officer. Lukin v. City and Co. of San Francisco, 232 Cal.Rptr. 1 (App. 1986).
     Sergeant and dispatcher lawfully discharged for cohabitation; size of department and relationship between jobs cited. Kukla v. Vil. of Antioch, 647 F.Supp. 799 (N.D. Ill. 1986).
     Long term hostile attitude, lack of cooperation, insolence and insubordinate demeanor warranted termination. Braje v. Board of Fire & Police Cmsnrs. of Hickory Hills, 139 Ill.App. 90, 487 N.E.2d 91 (1985), app. den. (Ill. 1986).
     Utah Supreme Court terminates officer for violating the law enforcement code of ethics. Discharge of Jones (Appeal of Tooele County), 720 P.2d 1356 (Utah, 1986).
     City could not terminate officer because of numerous citizen complaints and lawsuits arising from her work; complaints not substantiated. $25,000 awarded officer for "emotional suffering." Barberic v. Stonebraker, U.S. Dist. Ct., C.D. Cal. (4/2/87); police officer, involuntarily retired for psychological reasons, was wrongfully deprived of a pre-separation hearing, negative publicity, causing emotional injury was compensable. Barberic v. City of Hawthorne, 669 F.Supp. 985 (C.D. Cal. 1987).
     Refusal to serve as acting lieutenant warranted discipline. Dejnozka v. City of Saratoga Springs, 495 N.Y.S.2d 502 (A.D. 1985).
     California Supreme Court upholds termination of off-duty officer following high-speed chase. Cranston v. City of Richmond, 40 Cal. 3d 755, 710 P.2d 845 (1985).
     Subordinate's refusal to take notes on meeting with chief warranted disciplinary suspension. Township of Aston v. Morey, 503 A.2d 114 (Pa. Cmwlth. 1986).
     Officer demoted, suspended for 30 days, for "passing gas" over air waves. City of South Bend v. Gnoth, Bd. of Safety Decision (1986). [Vol. 139 FP 7]
     Police officer could shoot suspect he reasonably believed was armed; fact object not a weapon does not defeat the defense of justification; hearsay evidence improper. Harrisburg v. Pickles, 492 A.2d 90 (Pa. Cmwlth. 1985).
     Police Dept. could not terminate female officer because she posed in the nude for obscene magazines before she was hired. Borges v. McGuire, 107 A.D.2d 492, 487 N.Y.S.2d 737, 1985 N.Y. App. Div. Lexis 49770.
     New Jersey upholds law banning family members of police and other state employees from working in a gambling establishment. Greenberg v. Kimmelman, 99 N.J. 552, 494 A.2d 294 (1985).
     Single instance of writing an insufficient check would not warrant discipline; reinstatement, back pay ordered. City of North Vernon v. Brading, 479 N.E.2d 619 (Ind.App. 1985).
     A suspended police officer is obligated to conform to all applicable police regulations as a condition of his reinstatement. Bauer v. City of Chicago, 137 Ill.App.3d 228, 484 N.E.2d 422, 1985 Ill.App. Lexis 2530. {N/R}
     Federal appeals court upholds termination of bigamist police officer. Potter v. Murray City, 760 F.2d 1065 (10th Cir. 1985); affirming 585 F.Supp. 1126 (D. Utah 1984).
     City could terminate police officer for having a part interest in a club that sold alcohol. McAttee v. Mentzer, 321 S.E.2d 699 (W. Va. 1984).
     Tampering with electric meter (theft of electricity) was conduct unbecoming an officer; terminated warranted. Whitmore v. Civil Service Merit Bd. of Shelby Co., 673 S.W.2d 535 (Tenn. App. 1984).
     Cowboy-styled confrontation of barricaded suspect results in shooting and officer's termination for over-aggressive behavior. Fox v. Civil Service Cmsn. of Philadelphia, 478 A.2d 143 (Pa. Cmwlth. 1984).
     Becoming an unwed mother is not immoral and does not furnish grounds for termination. Owens v. City of Jennings Munic. Fire and Police Civ. Serv. Bd., 454 So.2d 426 (La. App. 1984).
     Chief could not discipline officer for refusing to sign a warrant he did not serve, even though signature was "pro forma." Intern. Bro. of Police Officers L. 328 v. Town of Windsor, 40 Conn. Sup. 145, 483 A.2d 626 (1984).
     Firefighter could be terminated for allowing persons in his home to purchase drugs from another family member. Travis v. City of Memphis Civil Service Cmsn., 671 S.W.2d 849 (Tenn. App. 1984).
     Colorado appeals court upholds disciplinary action against sergeant who had sexual encounter with female police officer. Puzick v. City of Colo. Springs, 680 P.2d 1238 (Colo. App.), cert. den. (1984).
     Appellate court annuls punishment of police officer who engaged in sexual relations with civilian while off-duty. Duckworth v. Sayad, 670 S.W.2d 88 (Mo.App. 1984).
     Officer could not let his religious feelings interfere with his behavior to a citizen; discipline appropriate. Hershinow v. Bonamarte, 735 F.2d 264 (7th Cir. 1984).
     Keeping disability payments and regular paychecks was insufficient cause for deputy's termination. Cox v. Co. of Sarpy, 348 N.W.2d 120 (1984).
     Chief's failure to operate department within authorized budget provided sufficient grounds for his termination. Blake v. Town of Pittsfield, 474 A.2d 1050 (N.D. 1984).
     Off-duty sexual relationship warranted demotion and suspension; liaison developed on an official investigation. Jackson v. Howell, 577 F.Supp. 47 (W.D. Mich. 1983).
     Failure to comply with vehicle financial responsibility law is not conduct unbecoming. Twp. of Fairview v. Saxe, 457 A.2d 1014 (Pa. Cmwlth. 1983).
     Failure to examine dead body is dereliction of duty. Cox v. Sayad, 647 S.W.2d 884 (Mo.App. 1983).
     Supreme Court denies review in off-duty sex case; Texas suspension upheld; contrary Michigan case in doubt. Briggs v. No. Muskegon Police Dept., 563 F.Supp. 585 (W.D. Mich. 1983).
     Officer's misconduct in wife's private business furnished basis for his termination from police dept. Richardson v. City of Omaha, 333 N.W.2d 656 (Neb. 1983).
     Federal court upholds termination of sheriff's employee for Klan membership activities. McMullen v. Carson, 568 F.Supp. 937 (M.D. Fla. 1983).
     Hispanic patrol officer could not refuse to interview a witness in Spanish; lack of formal training irrelevant. Yanis v. McGuire, 469 N.Y.S.2d 736 (A.D. 1983).
     Destruction of department's log books warranted termination of chief. Crites v. Township of Upper Yoder, 468 A.2d 878 (Pa. Cmwlth. 1983).
     Unlawful possession of grenades warranted termination. Homa v. Civil Service Cmsn., 650 P.2d 1323 (Colo.App. 1982).
     Punishment not allowed where accident resulted from running red light. Appeal of Leis, 455 A.2d 1277 (Pa. Cmwlth. 1983).
     Officer could not be punished for buying stolen parts when he took precaution to check serial numbers in computer. Ulfers v. Dept. of Police, 418 So.2d 31 (La. App. 1982).
     Local government cannot terminate chief because he filed bankruptcy, without some additional basis. Detz v. Hoover, 539 F.Supp. 532 (E.D. Pa. 1982).
     Department could not prohibit officer from getting haircut on approved coffee-break time without rule regulating use of break time. Klausz v. Culross, 438 N.Y.S.2d 837 (A.D. 1981).
     Supreme Court holds that an employee's refusal to perform work he believes is unreasonably dangerous was not protected by federal OSHA laws. Whirlpool Corp. v. Marshall, 445 U.S. 1 (1980). {N/R}
     Secretary of Labor has subsequently determined an employee may refuse to expose himself to a dangerous condition without fear of disciplinary action; see 29 U.S. Code 657(g)(2).
     Officer's "poor judgment" in shooting youth not grounds for dismissal when he had legal right to use firearm. Onesto v. Police Bd. of Chicago, 416 N.E.2d 13 (Ill.App. 1980).
     Failing to report oneself as victim of accidental shooting did not justify disciplinary charges resulting in termination. Appeal of Schlear, 427 A.2d 751 (Pa. Cmwlth. 1981).
     Off-duty police officer talked to young boy about a homosexual act while under influence of intoxicants; termination reversed for lack of proof officer intended to solicit sex. Foley v. Civil Service Cmsn. of Philadelphia, 423 A.2d 1351 (Pa. Cmwlth. 1980).
     Union activities won't protect your job if you don't report on time. Barger v City of St. Louis, 518 F.Supp. 924 (E.D. Mo. 1981).
     Suspension of guard upheld; defense that he was unable to carry out superior's order rejected by court. Grievance of Swainback, 433 A.2d 313 (Vt. 1981).
     Mere fact employee was in station did not make him "on duty" before his shift; disciplinary action for failure to respond to fire call annulled. Gallardo v. Dept. of Fire, 399 So.2d 626 (La. App. 1981).
     Teaching recruit how to break and enter, and to tap phones, warranted suspension. City of Dilworth, Minn. and Teamsters Local 116, 81- 1 ARB ¶ 8066, 1981-82 PBC ¶ 45,343.
     Officer's practice of voodoo against superiors results in suspension and law suit. D'Onofrio v. Jasmine, L.A. Daily Journal (4/5/82). [1982 FP #93-p.5]
     Civil Service Authority can not uphold dismissal of accused on grounds other than those that are charged. In re Smith, 639 P.2d 779 (Wash.App. 1982).
     Failure to investigate possible crime while off-duty warranted termination of police officer. Barnes v. City of Albany, 446 N.Y.S.2d 467 (A.D. 1981).
     Conviction unnecessary to support termination for criminal conduct. Mediate v. City of Indianapolis, 407 N.E.2d 1194 (Ind.App. 1980).
     Off-duty corrections officer subject to termination for battery on fellow worker. Brown v. Sexner, 405 N.E.2d 1082 (Ill.App. 1980).
     Department could terminate employee for patronizing a bar while on sick leave; rule served valid employment purpose. Timmons v. Munic. Fire & Police Bd. of Bogalusa, 395 So.2d 1372 (La. App. 1981).
     Wide variety of personnel regulations upheld by Missouri federal court, including conduct unbecoming, settlements, off-duty readiness, weapons and ammunition usage. Vorbeck v. Schicker, 498 F.Supp. 158 (E.D. Mo. 1980).
     Unauthorized assistance to officer in next town during emergency could not be punished. Bush v. Vil. of East Rochester, 437 N.Y.S.2d 472 (A.D. 1981).
     Conduct unbecoming charge not vague; officer guilty of larceny although not criminally charged. Aiudi v. Baillargeon, 399 A.2d 1240 (R.I. 1979).
     Correctional officer not guilty of "neglect escape" when facility was extra busy and shift was short an officer. State of Alaska and Alaska Public Employees Assn., 79-1 ARB ¶ 8102.
     Appellate Court upholds termination of officer for disrespectful conduct towards lieutenant. Brown v. Alberda, 579 S.W.2d 718 (Mo.App. 1979).
     Proof of dereliction insufficient to charge departmental physician. Rosenblum, M.D. v. O'Hagan, Cmsr. N.Y.S. Fire Dept., 414 N.Y.S.2d 332 (A.D. 1979).
     Supreme Court upholds workers' right to refuse dangerous assignment under OSHA regulation. Whirlpool Corp. v. Marshall, 100 S.Ct. 883 (Feb. 1980).
     Intemperate behavior and tardiness justified indefinite suspension. Warner v. City of Lufkin, 582 S.W.2d 165 (Tex. Civ. App. 1979).
     Failure to file incident report justifies suspensions; rule banning false reporting not unconstitutionally vague. Miller v. Whaley, 581 S.W.2d 916 (Mo.App. 1979).
     Lost and found property: removal of a CB set from a wrecked auto is conduct unbecoming; fire captain's defense that he was safeguarding the property was not accepted. Briley v. Little Rock Civil Serv. Cmsn., 583 S.W.2d 78, 266 Ark. 394, 1979 Ark. Lexis 1455 (Ark. 1979).
     Unauthorized use of businessman's telephone lines constitutes conduct unbecoming and justifies termination. City of Lubbock v. Estrello, 581 S.W.2d 288 (Tex. Civ. App. 1979).
     Pennsylvania appellate court affirms discipline for employee who allegedly was absent from duty, failed to remain at a disciplinary investigation, and for engaging in a remunerative occupation while on sick leave. Strauss v. Civil Service Cmsn. of Phila., 398 A.2d 1064 (Pa. Cmwlth. 1979).
     Off-duty public lewdness justified termination of employee for conduct unbecoming and immoral behavior. Corle v. City of Oil City, 405 A.2d 1104 (Pa. Cmwlth. 1979).
     Superior overreacted in firing officer for insubordination; personality conflict found to be the true cause. Sherburne Co. and Minn. Teamsters Public and Law Enf. Empl. Union L-320, Case #80-PP-50-B Minn. PERB (O'Connell, 1980).
     Failure to file police reports justifies termination. Brown v. McNeal, 586 S.W.2d 359 (Mo.App. 1979).
     Rule proscribing abuse of prisoners is not unconstitutionally vague; disciplinary authority will not be overturned on appeal due to conflicting testimony. Prokopf v. Whaley, 592 S.W.2d 819 (Mo.App. 1980).
     Requiring oath of public employees. San Francisco P.O.A. v. City & Co. of San Francisco, 138 Cal.Rptr. 755 (App. 1977).
     Disciplinary suspension of police officer who refused demonstration duty without helmet upheld; no serious danger posed. National Park Serv. and Policemen's Assn. of the Dist. of Columbia, #78K23998 (Pritzker, 1979). [#51 FP 6).
     Recommending an attorney warrants suspension. Colucci v. Guido, 406 N.Y.S.2d 549 (A.D. 1978).
     Fraternizing with inmates while wearing jail keys supported dismissal of matron. Pipkin v. Board of Supervisors, Co. of Shasta, 147 Cal.Rptr. 502 (App. 1978).
     Chasing juvenile misdemeanant with drawn weapon is negligent conduct; accidental discharge of weapon justifies dismissal. Taylor v. Police Bd. of Chicago, 378 N.E.2d 1160 (Ill.App. 1978).
     Loss of equipment punishable. Woodrugg v. Dept. of Fire, 364 So.2d 1341 (La. App. 1978).
     Motor vehicle negligence constitutes "incompetence" justifying disciplinary action; dismissal upheld even though offense did not involve moral turpitude. Gibides v. Powers, 45 N.Y.2d 994, 385 N.E.2d 1043 (1978); lower decis. at 399 N.Y.S.2d 537 REVERSED.
     Wrestling on ground with person resisting arrest is not excessive force, even though other officers were present and could have assisted. Sedita v. Kissinger, 413 N.Y.S.2d 25 (A.D. 1979).
     Oregon Appellate Court reinstates firefighter terminated for sick leave abuse; charge valid, but evidence was lacking. Tanory v. Civil Serv. Cmsn., Fire Prot. Dist. 10, 559 P.2d 523 (Ore. App. 1977).
     Fire Union official suspended for critical remarks; appellate court upholds punishment. Statements exceeded scope of first amendment protection. Shipp v. Davis, 362 N.E.2d 822, 48 Ill.App.3rd 463 (1977), leave to appeal denied.
     Reversal of conviction does not automatically require reinstatement. Scott v. City of Ann Arbor, 257 N.W.2d 157 (Mich. App. 1977).
     Fire department may terminate probationary firefighter who was previously convicted of arson; hearing not required. Carlyle v. Sitterson, 438 F.Supp. 956 (D.N.C. 1975).
     Pennsylvania Appellate Court upholds one-year suspension of officer who accidentally discharged shotgun; suspect killed. Bell v. Bor. Council of Conshohockten, 381 A.2d 1345 (Pa. Cmwlth. 1978).
     Failure to complete duties and untruthfulness supports termination. Matter of Setchel, 261 N.W.2d 354 (Minn. 1977).
     Failure to follow "custom" in repeating addresses not punishable; written rule requiring verification necessary to predicate disciplinary action. Belcher v. Bd. of Fire & Police Cmsnrs. of Joliet, 361 N.E.2d 364, 46 Ill.App.3rd 870 (Ill.App. 1977).
     Fighting while on duty merits suspension; provocation no defense to charge. Alberti v. Baldwin Fire Dept., 396 N.Y.S.2d 247 (A.D. 1977).
     Illinois appellate court affirms ten-day disciplinary suspensions of firefighters who failed to show up at a mandatory training session. Zinser v. Bd. Fire & Pol. Cmsnrs., Belleville, 28 Ill.App. 2d 435; 172 N.E.2d 33; 1961 Ill.App. Lexis 330. {N/R}
     See also: Alcohol Abuse; Attorneys Fees; Bad Debts; Civil Liability; Criminal Charges; Damages; Demotions; Disciplinary Hearings; Disciplinary Appeals; Disciplinary Procedures; Disciplinary Punishment (many cases); Disciplinary Searches; Drug Abuse; Drug Screening; First Amendment Related; Free Speech; Hairstyle & Appearance Regulations; Homosexual and Transgender Employee Rights; Inefficiency, Negligence & Incompetence ; Moonlighting Activities; Political Activity; Polygraph Examinations; Psychological Exams; Race Discrimination; Race and Sex Discrimination; Residency Requirements; Sex Discrimination; Sexual Harassment; Sick Leave; Stress Related Claims & Defenses; Strikes; Suspensions; Transfers; Union Activities; Vehicle Related; Wrongful Discharge.


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