AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
Back to list of subjects Back to Legal Publications Menu
Disciplinary Punishment - In General
Also see Arbitration
Procedures, Disciplinary Punishment - Disparate
Treatment and Disciplinary Punishment - Fines &
Extra Duty.
Monthly
Law Journal Article: Disciplinary Consequences of
Peace Officer Untruthfulness Part I - Job Applications, 2008 (9)
AELE Mo. L. J. 201.
A police officer was involved in an off-duty domestic incident. The department’s Office of Professional Responsibility investigated and recommended that he be fired. The Disciplinary Review Board agreed that he should be punished but recommended only a 45-day unpaid suspension. The police chief decided to terminate him. After 30 days passed without intervention by the Capitol Police Board, the chief’s decision was deemed approved and he was terminated. Under a collective bargaining agreement, the chief’s termination decisions are subject to binding arbitration, and the union requested arbitration. The department refused to select an arbitrator, arguing that it “would be in violation of a determination of the Capitol Police Board and its distinct statutory authority by consenting to the jurisdiction of any arbitrator.” The union protested to the General Counsel for the Office of Compliance (OOC) that the department violated section 220(c)(2) of the Congressional Accountability Act of 1995, 2 U.S.C. 1301–1438, by refusing to arbitrate an unresolved grievance and therefore committed an unfair labor practice. A hearing officer granted OOC judgment. The Board of Directors of the Congressional Accountability Office of Compliance reasoned that the department was obligated to arbitrate disputes arising under its CBA unless it could cite clearly-established law that removed the dispute in question from arbitration, and that the department’s legal arguments fell short. A federal appeals court rejected an appeal by the department and granted the OOC’s petition for an order of enforcement granting arbitration. U.S. Capitol Police v. Office of Compliance, #18-1293,2019 U.S. App. Lexis 4985, 2019 WL 758011 (Fed. Cir.).
The VA proposed the removal of the chief of police at one of its veterans hospitals based on allegations of six specifications of abuse of authority, two specifications of lack of candor, and one specification of misuse of government property. The Merit System Protection Board (MSPB) upheld the police chief’s removal based solely on the charge that he improperly used a government-owned vehicle for personal business, but a federal appeals court found that substantial evidence did not support the MSPB’s factual finding as to the length of his federal government service. While the MSPB found that he had served the VA for four years, he actually had a total of 14 years with the VA and another five years of military service. That erroneous finding infected the MSPB's analysis of the appropriate penalty. The court remanded for the MSPB to consider the correct facts and determine some penalty less than removal because, in these circumstances, removal would be unreasonable and disproportionate to the relatively minor offense, his 19 years of combined military and civil service, and the fact that he had not previously been charged with misconduct. Tartaglia v. Dept. of Veterans Affairs, #16-2226, 858 F.3d 1405 (Fed. Cir. 2017).
A city terminated a police officer
after an internal affairs investigation showed that he had violated portions of
the department's policy manual by his participation in an off-duty brawl in a
restaurant parking lot. An intermediate California appeals court upheld the
firing as justified by substantial evidence and found no violation of due
process. Krause v. City of Westminster, #Go5o513, 2015 Cal. App. Lexis 8594.
A deputy sheriff pled
guilty to driving under the influence and he was relieved of duty when
arrested. That action did not preclude the department from imposing discipline
based on both that offense and subsequent misconduct that involved driving with
a suspended license. Even though he had been relieved of duty, he remained a
county employee under state and county law, and this was especially the case in
light of the fact that he still held himself out as a deputy and
"maintained the accoutrements" of a deputy after being relieved of
duty. The sheriff's department had the authority to discharge the deputy.
Negron v. Los Angeles Cnty. Civ. Serv. Comm., #B258031, 2015 Cal. App. Lexis
847.
The plaintiff was appointed to a position as Park
Superintendent of a National Historical Park in Sitka, Alaska. Two years later,
she was removed from her job after she refused management's reassignment to a
different job at the same grade and pay in Anchorage,. Alaska. A federal
appeals court reversed a decision of the Merit Systems Protection Board
reinstating the plaintiff in her job, ruling that the agency had shown by a
preponderance of the evidence that there were legitimate management reasons for
the reassignment, and the plaintiff failed to rebut this prima facie
justification. Cobert v. Miller, #14-3101, 2015 U.S. App. Lexis 15566 (Fed.
Cir.).
A deputy was demoted as a result of having
allegedly used excessive force during an incident. Sheriff's deputies had
bargained for and obtained an impartial review process set forth in a
memorandum of understanding. The hearing officer upheld the demotion as
punishment. The hearing officer was required under the memorandum of
understanding to exercise independent judgment both on whether there were
grounds for discipline and also on the nature of the discipline to be imposed.
Overturning a trial court ruling that the hearing officer had not exercised
independent judgment on the nature of the discipline to be imposed, an
intermediate California appeals court found that any failure by the hearing
officer to exercise independent judgment in deciding not to reduce the demotion
to a suspension was not prejudicial as the hearing officer in response to this
being questioned indicated that independent judgment would not have changed the
outcome in this case. Quintanar v. Co. of Riverside, #E058232, 230 Cal. App.
4th 1226, 179 Cal. Rptr. 3d 82, 2014 Cal. App. Lexis 972.
Under a state public employee disability law, a
village police officer received 100% of his salary from the date of his fall on
ice which resulted in an injured arm and fractured knee. He also received two
thirds of his regular income from the employer's workers compensation carrier,
despite the fact that the village's normal practice was to keep such workers'
comp checks from the insurance company. Since the officer provided an innocent
explanation for his actions and was found not to have committed a theft, an
appeals court declined to overturn an arbitrator's ruling that the officer's
termination was not for just cause, so he should be reinstated with an award of
lost wages and benefits. Village of Posen, Illinois v. Illinois Fraternal Order
of Police Labor Council, 2014 IL App (1st) 133329, 2014 Ill. App. Lexis 573.
An intermediate Illinois appeals court upheld the decisions
of a Sheriff's Merit Board terminating or suspending seven correctional
officers for prohibited moonlighting. They each had engaged in unauthorized
work as security guards in businesses engaged in the sale of alcohol. These
actions violated departmental general orders and regulations and the plaintiffs
failed to seek permission through submitting a request form. Further, one made
false statements and another violated a rule requiring him to report, within a
year, an accusation that he had assaulted a business patron and stolen from
him. The court reduced penalties against two officers, however, as
disproportionate. Roman v. Cook County Sheriff's Merit Board, #1-12-3308, 2014
IL App (1st) 123308, 2014 Ill. App. Lexis 554.
An arbitrator reinstated an Alaska state trooper
who was fired for having consensual sex with a domestic violence victim hours
after participating in the arrest of her husband. The Alaska Supreme Court, by
a 3-2 vote, declined to vacate the reinstatement under a public policy
exception to the enforcement of arbitration rulings. It noted that the decision
did not violate any explicit well-defined public policy as there was no
statute, regulation, or written policy barring progressive discipline. The
arbitrator analyzed whether the misconduct in question was egregious under the
relevant collective bargaining agreement and past State disciplinary practice
involving sexual misconduct. As that disparate treatment analysis was not
"grossly erroneous," the arbitrator did not make a gross error in
finding no just cause for the firing. There was no "zero-tolerance"
policy in Alaska on off-duty sex with a crime victim, so the court deferred to
the conclusion that there should be discipline but not termination. The court's
majority did say that they would have most likely concluded that there was just
cause foe the firing if they were deciding the issue instead of the arbitrator.
State of Alaska v. Public Safety Employees Assn., #S–14701, 323 P3d 670 (Alaska
2014).
A police captain sued challenging his punishment
for objecting to an order requiring that he either himself attend a
law-enforcement appreciation event hosted by a local Islamic Society or else
order subordinates to do so. He claimed that the order violated the First
Amendment's establishment of religion clause as well as impairing the free
exercise of religion and freedom of association. A federal appeals court upheld
summary judgment for the defendants. The plaintiff's own religious freedom
rights were not burdened as he was not required to violate his personal
religious beliefs by necessarily himself attending the event. Further, there
was no establishment of religion because "no informed, reasonable observer
would have perceived the order or the event as a government endorsement of
Islam;" There was no violation of his right to freedom of association as
there was no interference with his freedom to determine what organizations he
wished to become a member of. The appeals court found that an equal protection
challenge was duplicative of the free exercise of religion claim and also
failed. Fields v. City of Tulsa, #12-5218, 2014 U.S. App. Lexis 9521 (10th
Cir.).
A group supervisor at a youth center was fired
after an incident involving him and one of the youths.. In an administrative
appeal of his termination, a state personnel commission hearing officer set
aside the termination and sent the case back to the agency to determine the
right level of discipline. The Supreme Court of Nevada upheld a decision that
the hearing officer, after having concluded that the firing was unreasonable
was not required to specify the appropriate level of discipline as only the
appointing authorities had the power to prescribe the actual discipline imposed
on permanent classified state employees. Taylor v. Dep't of Health & Human
Servs., #61241, 2013 Nev. Lexis 119.
A deportation officer with the Department of
Homeland Security frequently testified in court and in grand jury proceedings.
During an Office of Professional Responsibility investigation, he admitted
having lied in the course of a police investigation. A removal proceeding was
begun and three of five charges were sustained, resulting in a 124 day
suspension. Two years later, it was determined that this disciplinary record
meant that he would not be allowed to testify in court because his credibility
as a witness had been compromised. He could also no longer swear out
complaints. A second removal procedure followed and led to his demotion as he
could no longer carry out the full range of his duties. A federal appeals court
upheld this, rejecting arguments that either he had been subject to double
punishment or that his due process rights had been violated. Nguyen v. Dep't of
Homeland Sec., #13-3024, 2013 U.S. App. Lexis 24398 (Fed. Cir.).
An officer was fired for allegedly using
excessive force while booking a prisoner at the city jail. The Utah Supreme
Court upheld the termination, finding that the decision to fire the officer was
not inconsistent with prior instances of discipline for violating the excessive
force policy and that any procedural due process violations at the officer's
hearing had been harmless. The city employee appeals board adequately justified
any disparate application of the department's policy. The court found that an
intermediate appeals court had properly applied an abuse of discretion standard
to review the termination. Nelson v. City of Orem, #20120626, 2013 UT 53, 2013
Utah Lexis 127, 741 Utah Adv. 56.
A former deputy sheriff challenged his
termination which was based on an expunged simple battery conviction in an
incident involving a girlfriend. He had been placed on probation and obtained
relief from a state law prohibition against firearm possession. He was fired on
the basis of the federal law barring those convicted of a domestic violence
misdemeanor of carrying a firearm. A California appeals court found that the
conviction at issue did not bar him from carrying a firearm under federal law,
as it was not a misdemeanor conviction of domestic violence. The civil service
commission was directed to either vacate its decision or conduct further
proceedings. Shirey v. L.A. County Civil Service Commission, #B238355, 2013
Cal. App. Lexis 355.
A police lieutenant was fired after some alleged
misconduct involving alcohol, followed by insubordination and lying during the
subsequent investigation. He claimed that he had a constitutionally protected
right to continued public employment because the department's rules and
regulations stated that probationary employees could be terminated at any time
for any reason, but did not use that language as to other employees not on
probation. He also claimed that there were procedural inadequacies in his termination.
A federal appeals court held that he had no constitutionally protected rights
in continuation in his job, since the regulations did not have clear language
that was adequate to override the presumption in Illinois of employment at
will. Cromwell v. City of Momence, #12-1541, 2013 U.S. App. Lexis 7374 (7th
Cir.).
An employee of a private company was given a
formal warning after he engaged in "mooning" of two of his
supervisors. He was subsequently fired after it was decided that his actions were
serious enough to be harmful to the employer and undermine the authority of its
managers. A state intermediate appeals court found that his actions violated
his duties to the employer and rules stated in an employee handbook prohibiting
acting in an unruly, abusive, or disruptive manner. Selch v. Columbia
Management, #05-CH-16773, 2012 Ill. App. Lexis 710, 2012 IL App (1st) 111434
(1st Dist.).
Upholding the termination of a police sergeant, a
five-judge appellate panel wrote that "an arbitrator’s award should not be
vacated for errors of law and fact committed by the arbitrator and the courts
should not assume the role of overseers to mold the award to conform to their
sense of justice. A court may vacate an arbitration award only if it violates a
strong public policy, is irrational, or clearly exceeds a specifically
enumerated limitation on the arbitrator's power." In this case, the
arbitrator found that termination was the right penalty for the sergeant, who
did not attempt to stop an allegedly intoxicated police detective from leaving
a parking lot when he had reportedly been speeding, driving in an erratic
manner, and hit a parked car. In re Arbitration Between Albany Police
Supervisor's Assn. and the City of Albany, 95 A.D.3d 1491, 944 N.Y.S.2d 675,
2012 N.Y. App. Div. Lexis 3704, 2012 NY Slip Op 3704.
Termination was an appropriate penalty for a
correctional officer who told an inmate to hang herself and allegedly acted
dishonestly in trying to cover up the incident, as well as making rude remarks
to the officer who reported the incident. There was no substantial evidence to
support an administrative law judge's finding that the correctional department
had failed to prove its allegations. Further, the ALJ's findings concerning the
officer's dishonesty and rudeness to another officer were sufficient to
independently support his termination. Cate v. California State Personnel
Board, #E053011, 204 Cal. App. 4th 270, 2012 Cal. App. Lexis 284 (4th Dist.).
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.).
Fifth Circuit upholds the termination of a corrections
nurse. There was steady stream of complaints about her repeated rudeness and
shouting at coworkers. It created a "toxic work environment," resulted
in low morale, and prompted two other nurses to quit. Nelson v. Corrections
Corp. of Amer., #10-60762, 2011 U.S. App. Lexis 6923 (Unpub. 5th Cir.).
Federal Merit Boards sustains the termination of
a criminal investigator for untruthfulness and failing to timely inform
management of a confidential informant's misconduct. Bencomo v. Dept. of
Homeland Security, #DA-0752-09-0332-I-1, 2011 MSPB 22.
Federal appellate panel sustains the removal of
an Administrative Law Judge for conduct unbecoming. There was substantial
evidence that he used violence against his domestic partner and the physical
altercation resulted in the involvement of neighbors and police officers. Long
v. Soc. Secur. Admin., #2010-3108, 2011 U.S. App. Lexis 5005 (Fed. Cir.).
Appellate court sustains a civil service
commission's reduction of punishment of two firefighters from one 24-hour
period to written reprimands. One firefighter took his child to the top of an
extended fire truck ladder. The penalty reduction was within the province of
the commission's authority. St. Tammany Parish Fire Prot. Dist. No. 4 v.
Picone, #2010 CA 0481, 2010 La. App. Lexis 1750.
Appellate court sustains an arbitration award
reducing a fire inspector's termination to a disciplinary suspension. Although
he allegedly had been "informally counseled" for similar conduct,
there was no record of disciplinary action to reflect that. Summary termination
violated the "progressive discipline principles reflected in the governing
labor agreement." City of San Jose v. IAFF L-230, #H034726, 2010 Cal. App.
Unpub. Lexis 8812.
Appellate panel sustains the firing of a police
officer for attempting to intimidate and influence potential witnesses during
an investigation and by attempting to mislead an investigator in the
performance of his duties. Casal v. Bor. of Dunellen Police Dept.,
A-#3621-07T2, 2010 N.J. Super. Unpub. Lexis 1707 (App. Div.).
Federal appellate panel affirms the termination
of a HHS employee who refused to move to Atlanta from Hawaii. "Removal is
not an unreasonably harsh penalty" for a refusal to accept a new
assignment. Toyama v. Leavitt, #2010-3038, 2010 U.S. App. Lexis 17119 (Fed.
Cir.).
Federal appellate board sustains the termination
of a DoD civilian employee who misused Air Force letterhead to falsify a call
to active duty in order to end a home lease. Ellis v. Dept. of Defense,
#DE-0752 - 09-0439 - I-1, 2010 MSPB 141 (MSPB 2010).
"An employee's past employment record of 38
years of service with no performance problems or disciplinary action is a
mitigating factor, but must be weighted against the seriousness of the offenses
in assessing whether the presumptive penalty of removal for a Hatch Act
violation is not warranted." Termination was appropriate for soliciting a
political contribution to a Presidential candidate's political campaign.
Special Counsel v. Ware, #CB-1216-09-0025-T-1, 2010 MSPB 105.
FONT COLOR="#000000"> Federal Merit
Board sustains the demotion of two Border Patrol supervisors who were drinking
alcohol while on duty. There was no merit to their claims that they were
authorized to consume alcohol by their supervisor. Canada v. Dept. Homeland
Security, # SF-0752-09-0460, 2010 MSPB 69.
Where all but one of the charges are dismissed,
the decision to terminate a corrections officer is affirmed, where the warden
testified that separation would have occurred anyway, because of the
seriousness of the charge. Davis v. Dept. of Justice, #2008-3202, 2010 U.S.
App. Lexis 4408 (Fed. Cir.).
Rejecting a defense that memories are inaccurate,
an Ohio arbitrator upholds the termination of a police officer accused of lying
to a citizen and to his superiors. "... discharge is an acceptable penalty
in light of the higher standard expected of officers of the law," and the
grievant previously was counseled about untruthfulness. FOP Ohio and City of
Springboro, FMCS #09-02052 (Nowell, 2010).
Appellate court rejects the appeal of a state
trooper who fled from two marked state police vehicles during a high speed
pursuit, left threatening messages on an answering machine of the mother of one
of his children, and caused a lengthy standoff with police and rescue personnel
after he barricaded himself in his residence. The 5-judge panel declined to
hold these were excusable lapses in judgment induced by stress. Bassett v.
Fenton, #506506, 2009 NY Slip Op 9338, 68 A.D.3d 1385, 891 N.Y.S.2d 195, 2009
N.Y. App. Div. Lexis 9147 (3d Dept.).
Appellate court upholds the termination of a
corrections officer who failed to search a laundry truck leaving the jail; an
inmate was hiding in a laundry basket and escaped. Malinowski v. Cook County
Sheriff's Merit Board, #1-08-1828, 2009 Ill. App. Lexis 1065 (1st Dist).
Federal labor board concludes that a private
prison operator did not violate federal labor relations laws when it discharged
a nurse, who had engaged in the protected concerted activity of pursuing
discrimination grievances, after she exhibited antagonistic behavior that
provoked two registered nurses to resign. Corrections Corp. of America and
Nelson, #26-CA-23180, 354 NLRB No. 105, 2009 NLRB Lexis 359 (NLRB 2009).
In upholding the demotion of a male police
corporal for the inappropriate touching of female officer, the arbitrator found
no basis to disturb the penalty. “The mere fact that management has imposed a
somewhat different penalty or a somewhat more severe penalty than the
arbitrator would have, if he had had the decision to make originally, it is not
justification for changing it. The minds of equally reasonable men differ.”
City of Mission, Texas and G, Individual Grievant. AAA Case #70-390-00110-09,
126 LA (BNA) 1372 (Jennings, 2009).
Arbitrator finds just cause to discharge an
employee of a mental illness facility. Although she had diarrhea, she failed to
notify supervisors before leaving the workplace for an hour-long toilet break,
and she had been warned about absences on three prior occasions. Ohio Dept. of
Mental Retardation and Civil Serv. Empl. Assn. L-11, Case #24-06-(2008-03-07)-0011-01-04,
125 LA (BNA) 1616 (Murphy, 2008).
Louisiana appellate court rejects a fire chief’s
attempt to demote a captain because of a Mardi Gras photo posted on the
Internet, showing him with females wearing only body paint and pasties. The
civil service commission imposed only an 18-hour suspension. The Court noted
that management had not disciplined firefighters for similar past conduct.
“Though we do not condone appellant’s bad judgment, we are not convinced that
the disciplinary step of demotion was commensurate with appellant’s
misconduct.” Hennessey v. Dept. of Fire, #2009-CA-0590, 2009 La. App. Unpub.
Lexis 547.
Federal Circuit vacates a Merit Board decision
terminating an employee with a mental impairment. When mental impairment or
illness is reasonably substantiated, and is shown to be related to the ground
of removal, it must be taken into account when taking an adverse action against
an employee. The court noted that “mental impairment” is included among the
Douglas factors that must be considered in assessing the reasonableness of the
penalty Malloy v. U.S. Postal Service, #2008-3117, 2009 U.S. App. Lexis 19000
(Fed. Cir.).
Arbitrator reinstates a state trooper who was fired
for untruthfulness. The grievant “was under extreme stress from his workload,
from his family, [and] from a racial profiling charge.” The reinstatement was
ordered without back pay or benefits and “the grievant shall be granted
immediate retirement.” State of Ohio and Ohio State Troopers Assn., Grievance
No. 15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman, 2008).
Appellate court overturns a civil service
commission ruling that reduced the demotion of a sergeant to deputy rank,
replacing it with a 30-day suspension without demotion. After a sexual harassment
complaint had been filed he told her not to tell anyone about the meeting, and
then lied to his supervisor. Dishonesty by a sergeant is a breach of public
trust and his interference with the internal investigation exposed the county
to litigation. County of Santa Cruz v. Civil Service Cmsn. (Jack), #H032222,
171 CaL.App.4th 1577, 90 Cal.Rptr.3d 394, 2009 Cal. App. Lexis 408 (6th Dist.).
Ohio arbitrator sustains disciplinary action against a
firefighters’ union president for distributing a rap song that was critical of
his superiors. "... there is sufficient case law for the proposition that
internal harmony of a fire department may be adversely effected by a
firefighter undermining supervisory authority by such adverse public
criticism." The punishment was reduced from termination to a one-month
suspension. Union Twp. and Prof. Firefighters L-3412, FMCS Case #08/02678, 125
LA (BNA) 1638 (Rosen, 2008).
Appellate court sustains the termination of an officer
who, while off-duty, engaged in a high-speed pursuit and failed to report that
another officer had discharged his weapon. He "stood mute as L__ lied
about firing his gun. … When police officers fail to correct misinformation
from their fellow officers, and lie to obstruct investigation into official
misconduct, they have forsaken their central duties to protect the citizens of
the community." Remus v. Sheahan, #1-06-0756, 2009 Ill. App. Lexis 18 (1st
Dist.).
Eleventh Circuit upholds the termination of two
police union officials who attempted to put financial pressure on government by
initiating a citation-writing slow-down campaign, and also violated a policy
against secretly audio-taping others. Douglas v. DeKalb Co., #08-10052, 2009
U.S. App. Lexis 1266 (Unpub. 11th Cir.).
Although a personnel board, civil service
commission, or hearing officer has discretion to reduce the discipline imposed
on a public employee, the exercise of that discretion has to be reasonable. It
was reversible error to reduce a demotion to a 30-day suspension where a
sergeant berated a subordinate who had filed a harassment complaint against him
and then was untruthful about his conduct. County of Santa Cruz v. Civil
Service Cmsn. of Santa Cruz, #H032222, 2009 Cal. App. Unpub. Lexis 1090 (6th
Dist.).
Appellate court affirms a 10-day loss of vacation
time for not promptly following a superior’s order. She intentionally delayed
reporting to an assignment. Clifford v. Kelly, #4391, #103179/07, 2009 N.Y.
App. Div. Lexis 85, 870 N.Y.S.2d 317, 2009 N.Y. Slip Op. 42 (1st. Dept.).
Arbitrator sustains disciplinary action against a
city worker who downloaded and printed racial and ethnic jokes while on duty,
but the city's suspension of 20 work-days is reduced to 5 days, because he did
not intend to distribute the written matter but inadvertently failed to remove
four pages that had jammed in a copier. "His luck may eventually run out,
and stupidity will not be a defense." City of Fort Lauderdale and
Teamsters L-769, 125 LA (BNA) 1249 (Abrams, 2008).
Arbitrator sustains the termination of a private
sector chemical worker who brought a Taser® to work and used it for horseplay
in a break room. Zeon Chemicals and UFCW L-72D, 125 LA (BNA) 1281, FMCS Case
#080729/58162-A (Heekin, 2008).
Federal appeals panel vacates a 342-day
"time served" disciplinary suspension as arbitrary and capricious,
because it was based solely on the length of time that elapsed between the date
of the termination and the date of the arbitrator's decision. "There are
many factors that a reviewing authority may and should take into account when
determining the appropriate length of an employee's suspension. But it may not
set the length of a suspension based solely on the time that it takes the
reviewing authority to reach a decision. To permit the length of a suspension
to be based solely on "time served" would make the penalty depend not
on the Douglas factors, which reflect the individual employee's particular
situation, but on the speed with which (1) the employee or his representative handled
the case, and (2) the tribunal rendered its decision." Greenstreet v.
Social Secur. Admin., #2007-3312, 2008 U.S. App. Lexis 20155 (Fed. Cir.).
Arbitrator sets aside the termination of a state
trooper who lied about following his agency's policy. This was the first
apparent instance of untruthfulness, and he was under extreme stress at work
and at home. The arbitrator ordered the grievant to be reinstated without back
pay or benefits and granted immediate retirement. State of Ohio and Troopers Assn.,
Grievance #15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman 2008).
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." Clarke v. Cleveland,
#503699, 2008 N.Y. App. Div. Lexis 6166 (3rd Dept.).
Arbitrator upholds a three-day suspension of an
emergency dispatcher that failed to reporting to work on time and to maintain performances
standards, where she had been warned of the consequences of these problems.
City of Tampa and ATU L-1464, FMCS Case#06/00364-3, 125 LA (BNA) 294 (Terrill,
2007; rptd. 2008).
Arbitrator upholds discharge of an insubordinate
worker, where management offered after-acquired evidence that the grievant had
falsified his employment application to hide criminal conduct. Bi-State
Development Agency and Amal. Transit Union L-788, FMCS Case No. 0830/59822-A,
125 LA (BNA) 54 (Daly, 2008).
Independent Hearing Examiner sustains a nine-day
suspension for an officer's retaliation against a citizen who had lodged a
non-formal, verbal complaint against the officer. "Seldom does a police
officer issue parking tickets, without someone complaining, at 2:00 a.m. on New
Year's Day to a vehicle parked on a residential street in a dead-end
cul-de-sac." City of Houston and Grievant S, AAA Case #70-390-00434-07,
125 LA (BNA) 116 (Moore, 2008).
Under New York law, the summary termination of a
police officer after a conviction of a misdemeanor is justified in
circumstances where the offense "involves a willful deceit or a calculated
disregard for honest dealings." Matter of Feola v. Carroll, #83, 2008 N.Y.
Lexis 1476.
Federal appeals court sustains a 30-day
suspension of a deputy U.S. marshal for not cooperating with other officers
seeking to apprehend an escaped fugitive. Stewart v. Dept. of Justice,
#2008-3137, 2008 U.S. App. Lexis 11985 (Fed. Cir.).
In light of the grievant's thirty years of service,
an arbitrator reduces the penalty from a three-day, to a one-day suspension,
for requesting a fellow police officer to electronically send her pornographic
materials. City of Dayton and FOP L-44, 124 LA (BNA) 1655, AAA Case
#52-390-00443-07 (Bell, 2008).
Swearing at another officer does not merit
termination. Harder v. Vil. of Forest Park, #05-C-5800, 2008 U.S. Dist. Lexis
36892 (N.D.Ill.).
Overturning a 90-day suspension imposed by an
Administrative Law Judge, the Federal Merit Board sustains the termination of a
TSA supervisor who repeatedly degraded his subordinates. Kamahele and Dept. of
Homeland Security, #SF-0752-06-0866-I-1, 2008 MSPB 106.
Federal court affirms an arbitration award that
sustained the termination of a correctional officer that had refused to obey an
order to provide a copy of the Koran to an inmate, and had threatened a
coworker with a knife. Webb v. Fed. Bur. of Prisons, #2007-3085, 2008 U.S. App.
Lexis 5913 (Unpub. Fed. Cir.), affirming arbitration award, FMCS #05-05272.
Federal merit board sustains the termination of
an ICE agent who unplugged a camera while processing aliens, and falsely told
his supervisor that the machine was not functioning. One of the prisoners had
been severely injured while being taken into custody. Rodriguez v. Dept. of
Homeland Security, #DA-0752-07-0091-I-1, 2008 MSPB 25.
Arbitrator upholds the termination of a
corrections officer for insubordination; he refused to comply with a sergeant's
order to turn over a cell phone, possession of which was in violation of agency
rules. Discharge was appropriate because the grievant had signed a last chance
agreement. Multi-County Correctional Center and FOP Ohio, FMCS Case #07/03923,
124 LA (BNA) 1519 (Bordone, 2007; rptd. 2008).
Arbitrator sustains a 15-day suspension of an
off-duty police officer that used profanity while at hospital. Although not in
uniform, she had identified herself as an officer, and threatened hospital
security officers. City of Houston and Individual Grievant, AAA Case
#0-390-00282-06, 124 LA (BNA) 1508 (Moore, 2008).
Progressive discipline: Arbitrator affirms a
five-shift suspension of a fire captain for negligence, where it was the fifth
incident leading to disciplinary action in the prior few months. City of
Livingston and IAFF L-630, 124 LA (BNA) 1516 (Calhoun, 2008).
Arbitrator reduces a termination for use of
excessive force to a 90-day suspension. The grievant, a jail officer, was
criminally convicted of dereliction of duty for abusing a handcuffed inmate.
Although the inmate was swearing at the officer, the use of a pressure point
hold was unnecessary punishment. The termination was reduced in light of the
grievant's 14 years of service, but a substantial suspension was imposed in
light of a prior disciplinary action for excessive force. Fairfield County
Sheriff's Office and FOP, FMCS Case #07/01667, 124 LA (BNA) 1066 (Chattman,
2007).
Pennsylvania arbitrator reduces a five-day
suspension of a corrections officer who brought a video game to work. Although
the rules forbid "magazines, newspapers, etc." at duty posts, there
was no written directive specifically prohibiting video games. More
importantly, supervisors staffing security checkpoints routinely permitted
officers to bring in video games. Co. of Allegheny and Allegheny Co. Prison
Employees, Case #L-KAD-07-G-39, 124 LA (BNA) 1013 (Franckiewicz, 2007).
Eighth Circuit sustains a five-day disciplinary
suspension of a corrections officer that failed to report the use of force against
an inmate, and rejects the officer's claim of unlawful retaliation. Barker v.
Mo. Dept. of Corrections, #07-1422, 2008 U.S. App. Lexis 1328 (8th Cir.).
Arbitrator reduces the termination of a transit
police officer to 21-day suspension; he unintentionally had forwarded a racist
joke that he had received on his mobile phone. Washington Metro Area Transit
Auth. and Frat. Order of Police, FMCS Case #07/56574-A, 124 LA (BNA) 972
(Evans, 2007).
Federal appeals panel sustains an arbitration
decision removing a DHS employee for failing to report for work on multiple
occasions without justification. Removal was appropriate because of prior
warnings. Hawkins v. Dept. of Homeland Security, #2007-3213, 2007 U.S. App.
Lexis 26368 affirming 228 Fed. Appx. 998, 2007 U.S. App. Lexis 16042 (Fed. Cir.
2007).
Management had just cause to discipline the
grievant for misuse of computer resources when he accessed a law enforcement
database for personal reasons. Because he did not misuse or disseminate the information,
his termination is ordered reduced to a 20-day suspension. Franklin Co.
Sheriff's Office and FOP L9, 124 LA (BNA) 654, FMCS #070625/57876-8 (Bell,
2007).
New York appellate court affirms a decision to
end the pension benefits paid to a disabled police officer, following his
conviction for a misdemeanor. Furrer v. Suffolk Co. Police Dept. & WCAB,
#501460, 2007 N.Y. App. Div. Lexis 11177 (3rd Dept.).
Federal appellate court upholds the termination
of a Customs officer that sexually assaulted a coworker and abused others. The
panel rejected a claim that the agency was legally bound to follow a table of
offenses and penalties, which was only a guide and was not binding on the
agency. Rosado v. D.H.S. Bur. of Customs, #2007-3116, 2007 U.S. App. Lexis
18775 (Unpub. Fed. Cir.).
LAPD officers obtain a consent decree against a
woman that chronically abused the agency's IA complaints process. Jones v.
Andrade, #BC355541 (Los Ang. Super. 2007).
Appellate court confirms arbitration award that
reversed the termination of an off-duty corrections officer that allegedly
called a coworker to tell him he planned to kill his ex-wife and sent a
cellular text message to another coworker warning him to watch his back. The
arbitrator found no evidence that grievant was a violent person or that his
conduct had an adverse effect on the Dept. of Corrections. Dept. of Corrections
v. Penna. St. Corr. Officers Assn., #2132 C.D. 2006, 2007 Pa. Commw. Lexis 198.
Although a city employee saved, forwarded and
transmitted e-mails that contained nudity and a racially themed cartoon,
termination was an excessive penalty. City of Fort Worth and Individual
Grievant, 123 LA (BNA) 1125 (Moore, 2007).
Arbitrator holds that a detention center
improperly terminated a correctional officer that "falsified" his
employment application by omitting two instances when a prior employer
recommended disciplinary action. "From the time the grievant falsified his
pre-employment application, a period of 44 months elapsed until he was
terminated [and] the misrepresentations of the grievant on his pre-employment
application were not material to the employer at the time of his
termination." Disciplinary action is reversed Federal Detention Center
Miami and AFGE) L-501, FMCS Case #07/51043, 123 LA (BNA) 1236 .(J. Wolfson,
2007).
Arbitrator sustains disciplinary action against a
fire captain who secretly had accepted employment as a paid sales
representative of American La France while acting as the city's agent for the
purchase of a $432,000 ALF fire engine, including inspecting and accepting the
final product in violation of city policies and a Washington state conflicts
law. The grievant's termination is reversed, because under the city's
progressive discipline policy the appropriate penalty is a demotion from
Captain to firefighter and a six month suspension without pay. City of Sumner
and IAFF L-2877, Case #20755-A-06-1436, 123 LA (BNA) 1249 (Coss, 2007).
Management had just cause to discipline a deputy
for dishonesty about his failure to receive K-9 certification, but the
grievant's conduct was not serious enough to warrant discharge for first
offense; penalty reduced to a one-day suspension. Union County Sheriff and Ohio
FOP, 123 LA (BNA) 1101, FMCS Case #07/00069-8 (Sellman, 2007).
Appeals court upholds MSPB's decision to sustain
the termination of a sergeant after revocation of her security clearance;
because all Secret Service positions require a security clearance, removal was
the only option. Jwanouskos v. Dept. of Treasury, #2007-3123, 2007 U.S. App.
Lexis 13793 (Fed. Cir.).
Appellate court affirms an arbitration decision
to change a termination to an eight-month suspension, for a firefighter that
downloaded personnel data onto a personal computer at home. The conduct was
isolated and not egregious, and the employer failed to prove that the
reinstatement award was contrary to public policy. Brantley v. City of New
Haven, #AC 27255, 100 Conn.App. 853, 920 A.2d 331, 2007 Conn. App. Lexis 194.
Arbitrator upholds a three-day suspension of an
employee who called a manager a "fucking bitch." Greater Dayton Reg.
Transit Auth. and ATU L-1385, AAA Case #52-390-00517-06, 123 LA (BNA) 948
(Bell, 2007).
Arbitrator sustains a charge of misusing
government property, where a police sergeant worked on documents for his
personal business while on duty; due to his long discipline-free service, a
40-hour suspension is reduced to 24-hour suspension. City of El Paso and POA,
123 LA (BNA) 691, AAA Case #70-390-00727-05 (Greer, 2006).
Alaska Supreme Court upholds the termination of a
police sergeant that called female dispatchers at their homes, used lewd
language and made sexual propositions. Jurgens v. City of North Pole, #S-11847,
2007 Alas. Lexis 21.
Arbitrator upholds the termination of a
firefighter for a DUI offense, where he had earlier suspension and had failed a
drug test before his arrest. "It is tremendously disappointing and
baffling that a Firefighter/EMT would engage in conduct involving 'road rage'
and driving while under the influence of intoxicants, not to mention drug use.
Such immature and dangerous behavior is not in keeping with the calling of a
Firefighter/EMT." City of Houston and Houston IAFF, AAA Case
#70-390-00476-06, 123 LA (BNA) 293 (Allen, 2007).
Arbitrator confirms a demotion from sergeant to
patrol officer after the grievant failed to report that he struck a curb with
his cruiser. His recent disciplinary record consisted of one suspension and
five written reprimands, which was more than the entire police force combined.
Instead of competently supervising others, the grievant was in need of close
supervision. City of Richmond Heights and FOP L-57, 123 LA (BNA) 232 (Lalka,
2006). [N/R]
Arbitrator sustains the termination of a state
college worker that falsified his work time. Cincinnati St. T&C College and
IUOE L-20, 122 LA (BNA) 1473 (Murphy, 2006). {N/R}
Arbitrator upholds a five-day suspension of an officer
that shot a dog without adequate justification. Warren Co. Sheriff's Office and
Deputy Sheriff's Benevolent Assn., 122 LA (BNA) 1451, AAA Case #52-390-00229-06
(Wren, 2006). [2006 FP Dec]
Arbitrator sustains disciplinary action against
an off-duty officer who greeted utility employees at his home with profanity
and a firearm. FOP L-127 and City of Newark, Ohio, FMCS #061026-00360-8
(Brundige, 2006). [2006 FP Dec]
Arbitrator rules that a transit agency did not
have just cause to discharge a driver who falsely reported that he was sick
when he was absent because of alcohol abuse. This was his first violation.
Kitsap Transit and Transit Union L-134, 122 LA (BNA) 1361. (Yoshitomi, 2006).
{N/R}
Arbitrator overturns a termination of a deputy
who engaged in repeated instances of horseplay with a loaded firearm. He was
not disciplined for prior deportments, and should have been progressively
disciplined. Co. of Washington and Law Enf. Labor Services, BMS #05-PA-599, 122
LA (BNA) 725 (Befort, 2006). [2006 FP Oct]
Arbitrator rules that formal counseling is
disciplinary action, even if counseling is not mentioned in the agency's
disciplinary system. City of Newark and FOP L-12, 122 LA (BNA) 242, N.J. Bur.
Med. #04-0534 (Smith, 2006). {N/R}
Judge concludes that the termination of a public
employee for Internet surfing, after being warned against the activity, was too
harsh a punishment. Management failed to prove that the worker failed to
satisfactorily perform his official duties in a timely manner. Dept. of Educ.
v. Choudhri, N.Y.C. Trials & Hearings # 722/06, 44 (2156) G.E.R.R. (BNA)
508 (2006). [2006 FP Jul]
Arbitrator reinstates a firefighter who swiped a
lieutenant's ATM card as a joke; punishment reduced to a more than three-year
suspension. City of Philadelphia and IAFF L-22, 122 LA (BNA) 277, AAA
14-390-00964-02 (Lang, 2005). [2006 FP Jul]
Federal Merit Systems Protection Board upholds
the 20-day disciplinary suspension of a Supervisory Border Patrol Agent who
failed to make a criminal record check. Velez v. Dept. of Homeland Security,
#DE-0752-04-0407-I-1 (MSPB 2006).{N/R}
Termination of a public employee for repeated
personal use of his government computer during work time was for just cause.
Dept. of Veterans Affairs and AFGE L-1594, 122 LA (BNA) 106, FMCS Case #0503101
(Hoffman, 2006). {N/R}
A divided appellate court affirms the termination
of a police appellant that lied under oath to help a fellow officer who killed
an arrested man. In a 2-to-1 holding, the court set aside the arbitrator's
award reducing the punishment to a three-day suspension because a penalty
matrix used in deciding disciplinary punishment was not referenced in the
bargaining agreement. City of Cincinnati v. Queen City Lodge (Spellen), #C-
040454, 2005 Ohio 1560, 2005 Ohio App. Lexis 1522 (2005); #A0509129 (Cm.Pl.
Hamil. Co. 2005). [2006 FP May]
Louisiana appellate court reinstates the demotion
of a police sergeant for neglect of duty and other misconduct arising from a
call for assistance. There was sufficient evidence of neglect. Absent compelling
reasons, courts and civil service board members should not undermine the
penalty decisions of management. Pope v. New Orleans Police Dept., 2004-1888,
903 So.2d 1, 2005 La. App. Lexis 1308 (2005). [2006 FP Apr]
Five-judge appellate court sustains a penalty of
suspension without pay for 22 days and a forfeiture of 20 vacation days as not
unreasonable for an act of insubordination. The appellant, a police officer,
had failed to comply with a lawful order to attempt firearm qualification
procedures. A police physician had determined that the appellant was medically
capable of attempting firearm qualification Murillo v. Kelly, #6217, 19 A.D.3d
105, 795 N.Y.S.2d 590, 2005 N.Y. App. Div. Lexis 5909 ( N.Y. 3rd Dept. 2005).
{N/R}
Arbitrator finds insufficient evidence of just
cause to terminate a police officer for a willful failure to follow
investigative procedures; the penalty was reduced to a written reprimand. City
of Raymond and Teamsters L-252, 121 LA (BNA) 1168, Case #18979-A-04-1406 (Romeo,
2005). {N/R}
Arbitrator reduces punishment for making several
remarks of a sexual nature from termination to an 8-month suspension. Though
offensive, the language did not create a hostile or abusive workplace. City of
Oklahoma City and AFSCME L-2406, 121 LA (BNA) 1048, FMCS Case #05/01502
(Shieber, 2005). [2006 FP Feb]
Arbitrator sustains the demotion of a sergeant
who berated a dispatcher. A supervisor may be held to a higher standard of
behavior because the chief "had lost confidence in the grievant's ability
to serve as a shift supervisor." City of Bartow, Fla. and W. Central Fla.
PBA, 121 LA (BNA) 798, FMCS Case # 05/52254 (Greenberg, 2005). [2006 FP Jan]
Arbitrator sustains a misconduct complaint
against an officer who had sexual relations with an Explorer Scout. A ten-day
suspension is reduced to a written reprimand because management failed to
communicate the fraternization prohibition in writing as required under the
bargaining agreement. City of Bremerton and Bremerton Police Officers Guild,
121 LA (BNA) 915 (Reeves, 2005). [2006 FP Jan]
California appellate court holds that a civil
service commission abused its discretion when it reduced a termination to a
90-day suspension, imposed on a deputy sheriff who lied to cover up a fellow
officer's physical abuse of an inmate. Kolender v. San Diego Co. Civ. Serv.
Cmsn. (Berry), #D045268, 132 Cal.App.4th 716, 34 Cal.Rptr.3d 1, 2005 Cal. App.
Lexis 1421 (4th Dist. 2005). [2005 FP Dec]
California appellate affirms a civil service commission
to reduce a termination to a 90-day suspension for a sergeant who turned in a
factually inaccurate internal investigation report. The sergeant had received
no formal training, was inexperienced in I-A report writing, and did not intend
to deceive his superiors. Kolender v. San Diego County Civil Service Commission
(Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal. App. Lexis 1492, 2005 WL
2002283 (4th Dist. 2005). [2005 FP Dec]
Arbitrator sustains the termination of a water
dept. worker for falsifying records. AFSCME C-8, L-101 and City of Dayton, AAA
#52-390-00330-04 (Graham, 2005). {N/R}
Arbitrator reduces a suspension of six months to
three days for drawing his firearm on a motorist, resulting in the accidental
discharge of the weapon and damage to private property. City of Birmingham and
Birmingham Educ. Assn., 121 LA (BNA) 398, FMCS Case 05/00504 (Singer, 2005).
[2005 FP Nov]
N.H. Supreme Court upholds the termination of a
police chief who gave agency ammunition to a businessman and then lied about
his conduct. His "lack of candor was a violation of the police dept's
policy of truthfulness in an investigation and fell below the standard of
behavior appropriate for his position." Yoder v. Middleton, #2004-122, 876
A.2d 216, 2005 N.H. Lexis 101, 23 IER Cases (BNA) 90 (N.H. 2005). {N/R}
Arbitrator upholds the termination of a private
sector employee for extreme and repeated profanity combined with verbal threats
and gestures ("I'm going to kick your ass," and "I'm going to knock
the f--- out of you," etc.). Bell Helicopter Textron and UAW L-218, 120 LA
(BNA) 1819, FMCS #04/55638 (Allen, 2005). {N/R}
Maryland's Court of Appeals affirms the
termination of a paramedic that punched a deranged person, to secure his
compliance during his transport to a mental hospital. Violation of an
employer's workplace violence policy, whatever the motivation, is could be
grounds for termination, and courts must not interfere with the reasonable
exercise of executive branch discretion by individually weighing alternative
punishment. Maryland Aviation Administration v. Noland. #2003-15, 873 A.2d
1145, 2005 Md. Lexis 252 (2005). {N/R}
Federal appeals court affirms the decision of the
MSPB and DEA to fire an intelligence analyst after she repeatedly provided
sensitive agency information to an outside attorney. Neal v. Dept. of Justice,
#04-3093, 2004 U.S. App. Lexis 27177 (Unpub. Fed. Cir. 2004). {N/R}
Appellate court sustains termination of an
officer who failed to report that he used his knee on the back of a resisting
driver. Reviewing courts should not set aside penalties without a showing of
bias or bad faith. Brown v. City of Bossier City, #38,915-CA, 887 So.2d 731,
2004 La. App. Lexis 2779 (2nd App. Dist. 2004). [2005 FP Apr.]
Appeals court declines to overturn the
termination of a police officer that violated agency policy and was untruthful
about his conduct. Honesty is critical to an officer's performance of duty.
Huemiller, v. Ogden Civil Service Cmsn., #20010968-CA, 2004 UT App 375, 101
P.3d 394, 2004 Utah App. Lexis 414 (2004). [2005 FP Mar]
Seven tests of "just cause" for
termination restated by an arbitrator:
1. Did [the employer] give the employee
forewarning or foreknowledge of the possible or probable disciplinary
consequences of the employee's conduct?
2. Was [the employer's] rule or managerial order
reasonably related to (a) the orderly, efficient, and safe operation of [the
employer's] business and (b) the performance that [the employer] might properly
expect of the employee?
3. Did [the employer], before administering
discipline to an employee, make an effort to discover whether the employee did
in fact violate or disobey a rule or order of management?
4. Was [the employer's] investigation conducted
fairly and objectively?
5. At the investigation, did the
"Judge" obtain substantial evidence or proof that the employee was
guilty as charged?
6. Has [the employer] applied its rules, orders
and penalties evenhandedly and without discrimination to all employees?
7. Was the degree of discipline administered by
[the employer] in a particular case reasonably related to (a) the seriousness
of the proven offense and (b) the record of the employee in his service with
[the employer]? If one or more of these questions is answered in the negative,
then normally the just cause requirement has not been met. Palm Beach County
and Commun. Wrkrs. of Amer., 120 LA (BNA) 405 (Almenoff, 2004), quoting
Enterprise Wire Co., 46 LA (BNA) 359 (1966). [2005 FP Feb]
The penalty of dismissal of a corrections officer
who tested positive for cocaine use was "not shocking" to an
appellate court's "sense of fairness." Singleton v. Commissioner, NYC
Dept. of Correction, #4337, 782 N.Y.S.2d 742, 2004 N.Y. App. Div. Lexis 12163
(2004). {N/R}
Arbitrator sustains the termination of a campus
police officer that accessed porn sites in the college chapel office instead of
making security checks. Univ. of Chicago and Policemen's BPA L-185, 120 LA
(BNA) 88 (Briggs, 2004).[2005 FP Jan]
Appeals panel affirms the termination of a Bureau
of Indian Affairs employee for credit card misuse. Tom v. Dept. of the
Interior, #DE-0752-02-0364-I-1 (MSPB 2004). {N/R}
Federal Merit Protection Board sustains the
termination of a Treasury employee who, due to no fault on her part, received a
$2,400 travel advance after submitting a claim for only $470. She knew the
amount was wrong, she failed to repay the difference for ten months. The
opinion noted that a supervisor should be held to a higher standard of
responsibility. Garner v. Dept. of the Treasury, #AT-0752-03-0064-I-1, 2004
MSPB Lexis 1260 (MSPB 2004). {N/R}
Arbitrator reduces the punishment of a city
investigator from termination to a one-month suspension for refusing to lower
her voice when speaking to her superior. The superior had "stoked the
coals" by calling the grievant a liar and telling her that she should
quit. Similarly, he ordered the grievant to modify her loud and defiant behavior
under penalty of dismissal. City of Gary Human Relations Cmsn. and AFSCME C-62,
L-4009, 120 LA (BNA) 244, FMCS #030808/52220-6 (Deitsch, 2004). {N/R}
Federal Administrative Law Judge rejects a
lieutenant's claim that he had not been drinking prior to reporting for duty,
and that the alcohol test was invalid because he had taken a double dose of
NyQuil for a cold. A demotion was sustained, because it was the third time in a
few months the officer had reported for duty under the influence of alcohol.
Taul v. Dept. of Justice, #CH-0752-04-0507-I-1, 2004 MSPB Lexis 1764 (MSPB
2004). [2005 FP Jan]
Arbitrator affirms the termination of a school
employee who threatened to kill four coworkers and his union representative.
The grievant "named the people he was going to kill and apparently was
only troubled by the logistical problem of getting around throughout the school
district in the shortest period of time to expeditiously kill all of his
targets. That chilling information ... provided ample justification for
[management's] immediate concerns and subsequent actions." Anchorage
School Dist. and Alaska Public Employees Assn., 119 LA (BNA) 1313, FMCS Case
#03/51414-7 (DiFalco, 2004). {N/R}
Federal appeals court sustains an arbitration
decision upholding the termination of a deputy sheriff for a misdemeanor
domestic violence conviction. Morrison v. Warren, #02-3672, 1375 F.3d 468, 2004
U.S. App. Lexis 14291, 2004 FED App. 0223P, 175 LRRM (BNA) 2197, 21 IER Cases
(BNA) 902 (6th Cir. 2004). {N/R}
Where an appellate court overturns some, but not
all disciplinary counts, the penalty of termination must be reversed, and the
matter must be reconsidered by the Board that imposed the discharge, especially
when the nonsustained offenses were the more serious charges. Hathaway v. Dept.
of Justice, #03-3288, 2004 U.S. App. Lexis 19367 (Fed. Cir. 2004). {N/R}
Michigan appellate court refuses to set aside an
arbitrator's decision to reduce the punishment from demotion from corporal to a
one-day suspension. The officer did not follow agency policy relating to a DUI
traffic stop. Clay Twp. v. Montville, #248293, 2004 Mich. App. Lexis 1635
(2004). {N/R}
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 reduces penalty from 3 days to 1 day
for violating a rule prohibiting more than two marked cars parked at the same
restaurant. A prior disciplinary incident occurred 5 years earlier and was not
for related conduct. City of Elgin Police and PBA 54, 119 LA (BNA) 517, Arb.
#02/074 (Goldstein, (2003). [2004 FP Jun]
Appeals court upholds termination of an officer
for soliciting a prostitute. The evidence was based on surveillance and
questioning of the woman. Weir v. Bratton, #2862, 772 N.Y.S.2d 38, 2004 N.Y.
App. Div. Lexis 1660 (2004). {N/R}
West Virginia Supreme Court holds that the
failure of management to consider the 15-year excellent work record of the
chief investigator for the state medical examiner's office when it discharged
him is sufficient reason to restore him to his original position or an
equivalent one. The investigator established a prima facie case of reprisal and
was made a scapegoat for the actions of several employees. Sloan v. Dept. of
Health, #31374, 2004 W. Va. Lexis 6, 20 IER Cases (BNA) 1788 (W.Va. 2004).
{N/R}
Massachusetts appellate court concludes that
arbitrators do not need specific authority to modify disciplinary punishment,
where the bargaining agreement requires "just cause." Boston Police
Patrolmen's Association v. City of Boston, #02-P-883, 60 Mass. App. Ct. 672,
805 N.E.2d 80, 2004 Mass. App. Lexis 298 (2004). [2004 FP Jun]
A divided appeals court in Kansas reinstates a
police officer that allowed an unlicensed motorist to drive home after a
traffic stop, filed a false incident report, and prematurely deactivated his
in-car recorder to cover up the procedural impropriety. The statute required
"gross" misconduct, and the majority found the officer's errant
behavior did not rise to that level. Jones v. Kansas St. Univ., #90,475, 81 P.3d
1243, 2004 Kan. App. Lexis 2, 20 IER Cases (BNA) 1380 (2004). [2004 FP May]
Arbitrator upholds the termination of a public
employee who, under the influence of alcohol, left a profane voice mail message
for his supervisor. His "stress defense" failed because he lacked any
medical substantiation. City of Anaheim and Municip. Empl. Assn., 119 LA (BNA)
270 (Gentile, 2003). {N/R}
Appeals court rejects claims of retaliation,
national origin and age discrimination. Postal service properly "concluded
that reinstating an employee who had been terminated because of an arrest for
selling drugs inside a post office facility was not in the best interest of
USPS even though the criminal charges were subsequently dismissed following a
mistrial." Sarullo v. U.S. Postal Service, #01-4203, 2003 U.S. App. Lexis
25847 (3rd Cir. 2003). {N/R}
Arbitrator upholds a 10-day suspension of a male
county employee who asked a woman coworker, "When are you going to let me
squeeze the Charmin?" County of Sacramento and United Public Employees
L-1, 118 LA (BNA) 1702 (Bogue, 2003). {N/R}
California appeals court affirms the termination
of an off-duty officer who slapped a girlfriend and then called a male
detective a faggot and a woman detective a lesbian. Soldo v. City of Los Angeles,
#B161186, 2003 Cal. App. Unpub. Lexis 7260 (2nd Dist. 2003). [2004 FP Jan]
Ohio appellate court concludes that an arbitrator
should not have reinstated an officer who notified a colleague that his family
was under investigation. Summit County Sheriff v. FOP, #21303, 2003 Ohio 1133,
2003 Ohio App. Lexis 1062, 173 LRRM (BNA) 2174 (Ohio App. 9th Dist. 2003); rev.
gtd. #2003-0737, 99 Ohio St.3d 1471, 2003 Ohio 3801, 791 N.E.2d 985, 2003 Ohio
Lexis 1850. [2004 FP Jan]
Arbitrator sustains the termination of an
officer, who had a prior disciplinary offense, of neglect of duty and false
reporting. He was sitting in a remote area outside his patrol zone on the
graveyard shift, did not see his sergeant arrive for 20 minutes, and then
falsely claimed he was only there a short period while on a meal break. City of
Cooper City and Broward Co. PBA, 118 LA (BNA) 842, FMCS Case #020814/04630-3
(Hoffman, 2003). [2003 FP Nov]
Supreme Court declines to review a ruling that
upheld the termination of a police officer who had violated the deadly force
policy when, unable to see clearly either his target or his surroundings, he
fired one or more shots at a vehicle that was moving away from him and was no
longer a threat to either him or bystanders. Joseph v. Salt Lake City Civil
Serv. Cmsn., #20010399, 2002 UT App. 254, 53 P.3d 11, 2002 Utah App. Lexis 72;
cert. den. #02-1211, 71 U.S.L.W. 3666 (2003). {N/R}
Arbitrator finds that the demotion of a sergeant
for allowing another officer to take a test for him was excessive punishment.
Management is ordered to restore the grievant's rank, subject to a 30-day
disciplinary suspension. Reno Police Dept. and Police Supervisory and Employees
Assn., 118 LA (BNA) 926, FMCS Case #020503/09716-1 (D'Spain, 2003). {N/R}
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 holds that management had just cause
to issue a written reprimand to a firefighter who failed to return to work for
a scheduled shift. Although his daughter had disappeared, foul play was not
suspected and management considered extenuating circumstances in setting the
penalty. City of Hallandale Beach and Metro Broward Prof. F/F L-308, AAA Case
#32-390-00385-02, 118 LA (BNA) 646 (Smith, 2002). {N/R}
Rhode Island court sets aside an arbitration
award reinstating a corrections officer that had threatened a coworker with
physical harm. Officer had received five disciplinary suspensions in six years.
The judge found that the safety of the institution is a "narrow
circumstance" where an arbitration award can be set aside. Rhode Island
DoC v. R.I. Bro. of Corr. Off. (Giles), #01-6344, 2003 R.I. Super Lexis 53
(2003). {N/R}
Terminations of officers, who failed to get
insulin for a prisoner who was found dead in his cell, are overturned. Appeal
of Miles, et al., Detroit Police Trial Board (2003); also see Thomas v. City of
Detroit, #00-CV-72899 (E.D. Mich., 2003). [2003 FP Aug]
California appeals court affirms the termination
of an LAPD officer who submitted a false daily field activities report. Haney
v. City of Los Angeles, No. B153530, 2003 Cal. App. Lexis 763 (2d Dist. 2003).
{N/R}
Rhode Island Supreme Court reverses an arbitrator and
upholds the termination of a corrections officer. The officer had been fired
because a missing handcuff key was found in the possession of an inmate, with
whom the officer had formed a personal friendship. State v. Rhode Island Bro.
of Correctional Officers (Ryan), 819 A.2d 1286, 2003 R.I. Lexis 94 (R.I. 2003).
[2003 FP Jul]
Arbitrator rejects a "shop talk" defense and
affirms a ten-day suspension of a corrections officer who screamed profanity in
the presence of an inmate. County of Blair (PA) and AFSCME Dist. C-83, FMCS
Case #99/16996, 118 LA (BNA) 238 (Miller, 2002). [2003 FP Jul]
Texas appellate court affirms the termination of a
sheriff's deputy who was fired for having sex with an inmate. Bexar Co.
Sheriff's Dept. v. Sanchez, #04-02-00251, 2003 Tex. App. Lexis 813 (4th Dist.
2003). {N/R}
Arbitrator sustains the termination of a state
worker with 28 years of service who had frequently visited "violent"
and bondage porn sites while at work, using a state computer. State of Minn.
Dept. of Admin. and AFSCME C-6, Case 302-PA-1156, 117 LA (BNA) 1569 (Neigh,
2002). [2003 FP May]
Arbitrator sustains the charges that an off-duty
police officer assaulted his brother and cursed in a public place. The
punishment was reduced from termination to a 295-day suspension. City of Fort
Worth and Individual Grievant, AAA Case No. 71-390-00207-2, 117 LA (BNA) 1621
(Goodman, 2002). [2003 FP May]
An appeals court in Pennsylvania concludes that
an arbitrator properly reduced a termination to a disciplinary suspension; a
female jail clerk had a copy of Playgirl magazine in her desk drawer. Bedford
County v. Penn. Soc. Servs. Union L-668, #1621 C.D. 2002, 814 A.2d 866, 2003
Pa. Commw. Lexis 24, 171 LRRM (BNA) 3038 (1/13/03). {N/R}
Arbitrator reduces the penalty, from termination
to a 30-day suspension, imposed on a contract Air Force facility security
officer who failed to have his firearms license renewed within the deadline
time period. Pyramid Services and IBOT L-986, 117 LA (BNA) 1687 (Cloke, 2002).
{N/R}
Federal court rejects a retaliation suit brought
by a state trooper who had been fired two weeks after he sued the agency for
FLSA overtime violations. The court found that the trooper was lawfully
dismissed for not returning his patrol vehicle, improperly claiming overtime
pay, and refusing to produce a report about possible overtime abuse. Hill v.
Manning, 2002 U.S. Dist. Lexis 24672 (M.D. Ala. 2002). {N/R}
Appeals court upholds the demotion of a
correctional sergeant for sexual harassment of two women officers. Lewis v.
N.C. Dept. of Correction, #COA01-1386, 570 S.E.2d 231, 2002 N.C. App. Lexis
1168, 19 IER Cases (BNA) 372 (N.C.App. 2002). {N/R}
Arbitrator rejects the defense that a terminated
jail officer was only a high school graduate and could not be expected to
understand a rule prohibiting association with current and ex-inmates. A
disparate punishment claim also was overruled. El Paso County Sheriff's Dept.
and Individual grievant, 117 LA (BNA) 1304, AAA Case #70-390-00110-01 (Moore,
2002). [2003 FP Apr]
Federal court concludes that a state trooper was
lawfully dismissed for not returning his patrol vehicle, improperly claiming
overtime pay, and refusing to produce a report about possible overtime abuse.
Hill v. Manning, 2002 U.S. Dist. Lexis 24672 (M.D. Ala. 2002). {N/R}
Federal appeals court holds that a disciplinary
punishment schedule, published in a manual, is not binding on an agency unless
management has intended it to be binding. Farrell v. Dept. of Interior,
02-3108, 314 F.3d 584, 2002 U.S. App. Lexis 26350 (Fed. Cir. 2002). [2003 FP
Mar]
Five-judge appeals panel in New York sustains the
termination of an NYPD officer for striking an arrestee with handcuffs. The
accused officer had refused a pretrial offer of a 20-day vacation forfeiture
penalty. Serras v. Kerik, #1650, 750 N.Y.S.2d 23, 2002 N.Y. App. Div. Lexis
10804 (A.D. 1st Dept. 2002). [2003 FP Mar]
Arbitrator reduces a penalty from termination to a
120-day suspension. Officer was drinking in a bar on his beat and had
consensual sex in a vehicle, stopped in a public park. City of Port Arthur and
P. A. Police Officers Assn., AAA Case No. 70-390-00208-2, 117 LA (BNA) 760
(Moore, 2002). [2003 FP Jan]
Federal appeals court reverses the firing of a
28-year postal employee who assisted another person with fraudulently obtaining
a mortgage. The conduct, though criminal, was not egregious enough to warrant
termination. O'Keefe v. U.S. Postal Service, #01-3280, 2002 U.S. App. Lexis
23061 (Fed. Cir. 2002). {N/R}
Arbitrator sustains an 84-hour disciplinary
suspension for a corrections officer who refused to fully participate in a
training course. Alaska Dept. of Corrections and the Public Safety Employees
Assn., 117 LA (BNA) 674, Alaska Case #01-C327, PSEA Case #01-01C (Henner,2002).
[2002 FP Dec]
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). {N/R}
Appeals court affirms an arbitration award that
reinstated a public employee who verbally threatened to kill his supervisor.
City of Harvey v. AFSCME, C-31, L-2404, #1-01-1354, 2002 Ill. App. Lexis 719
(Ill. App. 1st Dist. 2002). [2002 FP Nov]
Arbitrator holds that a city improperly denied a
merit increase to 25-year employee because he had been late by a few minutes
one day. City of Oklahoma City and L-2406 AFSCME, FMCS Case #01/08842, 116 LA
(BNA) 1665 (2002). {N/R}
Management did not have just cause to terminate a
guard who lost a key, where the employer had insisted throughout the grievance
procedure that the grievant was discharged under a progressive discipline
policy for a series of offenses and never raised the issue of whether he could
be discharged for first offense until the arbitration hearing. Loomis Fargo and
Co. and Currency & Security Handlers Assn., FMCS Case #02018/03855-3117, LA
(BNA) 112 (Moreland, 2002). {N/R}
Ninth Circuit panel holds that the government was
not required to order additional remedial training, instead of termination, for
an employee who was guilty of repeated safety errors. Brehmer v. FAA, 01-3174,
294 F.3d 1344, 2002 U.S. App. Lexis 12397, 170 LRRM (BNA) 2422 (Fed. Cir.
2002). {N/R}
Michigan appeals court affirms an arbitration
award reinstating a jail officer. Conduct was not severe enough to warrant
judicial interference. Police Officers. Assn. of Mich. v. Co. of Manistee,
#226909, 250 Mich.App. 339, 645 N.W.2d 713, 2002 Mich. App. Lexis 823 (Mich.
App. 2002). [2002 FP Sep]
Seventh Circuit upholds the termination of a
police officer who patronized prostitutes while on duty, falsified his
departmental health appraisal, and consumed alcohol while on duty. Krocka v.
Police Bd. of Chicago, #1-00-2639, 327 Ill.App.3d 36, 762 N.E.2d 577, 2001 Ill.
App. Lexis 933 (7th Cir. 2001). {N/R}
Arbitrator upholds the termination of a uniformed
municipal maintenance worker who, after a near collision, followed the other
motorist to his house, then grabbed and verbally berated him. City of Petoskey
and Teamsters L-214, FMCS Case #01/10976-8, 116 LA (BNA) 1176 (Brodsky, 2001).
[N/R]
Arbitrator orders reinstatement for a private
sector employee that called a superior a "half breed, red neck,
mother-fucker." The misconduct was a one-time act, and discharge was an
excessive punishment. Mr. Q's Enterprises and ITPEU, FMCS Case #01/141358, 116
LA (BNA) 1304 (White, 2002). [N/R]
Arbitrator overturns the firing of a police
officer for sexual harassment and imposes a one-year suspension. This was not a
continuing violation and the grievant had many years of unblemished service.
City of Boston and AFSCME C-93/L-804, 116 LA (BNA) 906 (Remmes, 2001). [2002
FP Jun]
Louisiana appellate court overturns a civil
service decision that had reinstated a police officer who was administratively
charged with committing a battery on his wife. "The public puts its trust
in the police department as a guardian of its safety, and it is essential that
the appointing authority be allowed to establish and enforce appropriate
standards of conduct for its employees sworn to uphold that trust." Taylor
v. New Orleans Police Dept., #2000-CA-1992, 804 So.2d 769 (La.App. 4 Cir.
2001). [N/R]
Arbitrator sustains a charge, brought against a
VA hospital police officer, of failing to assign an officer to protect a nurse
who needed to meet with an employee who had a history of losing control. A
disciplinary suspension of five days was excessive, and was reduced to one day.
Central Ark. Veterans Healthcare and AFGE L-2054, FMCS #01/0523-11049-3, 116 LA
(BNA) 1008 (Crow, 2002). [2002 FP May]
Appellate court in New Orleans articulates the
role of a civil service commission in reviewing the punishment that has been
imposed by the chief of a department. Shepack v. New Orleans Police Dept.,
2000-CA-1345, 791 So.2d 733, 2001 La. App. Lexis 1593 (La.App. 4 Cir.,
05/16/01) [2002 FP Apr]
A news wire service has reported that a police
lieutenant and another father have been banned from Arapahoe County, Colorado,
youth hockey games after a weekend brawl involving 30 parents. The officer and
two other parents were reportedly cited for misdemeanor disorderly conduct
after a Jan. 27, 2002 game. [N/R]
Arbitrator sustains a charge of repeatedly
failing to attend mandatory staff meetings, but reduces the punishment to an
11-month suspension. Montana Dept. of Corr. and Montana Pub. Empl. Assn., 116
LA (BNA) 410 (Prayzich, 2001). [2002 FP Feb]
FBI officials could not be sued by an ex-agent.
The agent's sole remedy was under the Civil Service Reform Act. His claims
against various non-supervisory employees were not separable from his
employment, because his position as a federal employee was central to his
claims that they had forced his early retirement. Sculimbrene v. Reno,
#99-2010, 158 F.Supp.2d 1, 2001 U.S. Dist. Lexis 12308 (D.D.C. 2001). {N/R}
Appeals court confirms arbitration award
reinstating a corrections officer who assaulted an inmate. State had no policy
mandating termination and there were mitigating factors. State of Illinois v.
AFSCME C-31, #5-99-0688, 321 Ill. App. 3d 1038, 749 N.E.2d 472, 2001 Ill. App.
Lexis 368 (5th Dist. 2001). [2001 FP 151]
Arbitrator sustains the dismissal of a public
employee who, while on temporary total disability benefits, was secretly
videotaped operating a lawn care business. Southwest Ohio RTA and ATU L-627,
AAA #52-300-00520-00, 115 LA (BNA) 1141 (Imundo 2001). [2001 FP 117-8]
Arbitrator upholds the firing of a Florida deputy
sheriff who solicited an act of prostitution. Termination was not inconsistent
with the penalties given others for similar offenses. Broward Co Sheriff's
Office and Federation of Public Employees, 115 LA (BNA) 708 (Richard, 2001).
[2001 FP 84]
South Dakota Supreme Court affirms the firing of
a deputy sheriff for nonserious, but insubordinate behavior. Hollander v.
Douglas Co., #21365, 2000 S.D. 159, 620 N.W.2d 181, 2000 S.D. Lexis 158, 17 IER
Cases (BNA) 615. [2001 FP 69]
Knowingly making false statements in a police
report supported an officer's termination. Morgan v. Safir, #3688, 281 A.D.2d
376, 722 N.Y.S.2d 542, 2001 N.Y. App. Div. Lexis 3193. [2001 FP 69]
New York's highest court warns lower courts not
to reduce disciplinary penalties unless they are "shocking." Sergeant
with 29 years on the job was fired for falsifying security officers training
record. Kelly v. Safir, #43, 96 N.Y.2d 32, 747 N.E.2d 1280, 724 N.Y.S.2d 680,
2001 N.Y. Lexis 566, 2001 N.Y. Int. 0026. [2001 FP 69-70]
Federal appeals court holds that a disciplinary
panel, in assessing punishment, cannot consider prior suspensions when they are
still on appeal. Supreme Court to decide this issue. Gregory v. U.S. Postal
Service, #00-3123, 212 F.3d 1296, 2000 U.S. App. Lexis 10968 (Fed. Cir. 2000),
reversing #AT-0752-98-0261-I-1, 84 M.S.P.R. 619, 1999 MSPB Lexis 1467 (1999);
review granted, Sup. Ct. #00-758, 121 S.Ct. 1076, 2001 U.S. Lexis 1063. [2001
FP 36-7]
Appeals court sustains a five-day suspension for
corrections officers who failed to notice an inmate had escaped. Bruggeman v.
State Civil Serv. Cmsn., #1454 C.D. 2000, 2001 Pa. Commw. Lexis 162, 769 A.2d
549 (Pa. Commw. 2001). [2001 FP 37]
Arbitrator reinstates a county employee who sent
sexually inappropriate e-mails in violation of a written sexual harassment
policy. Management was lax on enforcement and some managers were themselves
guilty of similar behavior. Snohomish Co. and IBEW L-77, FMCS #00/50033, 115 LA
(BNA) 1 (Levak, 2000). [2001 FP 22]
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]
Arbitrator sustains a one-day disciplinary
suspension given a suburban Chicago patrol officer who was found, on Dec. 30,
1999, parked in an industrial-railroad area, reading a paperback book, when he
was supposed to be providing high-visibility patrol during the Y2K year end.
Northlake (City of) and IL FOP L-16, #00.367, unreported (White, 3/6/2001); our
file ref. #5581. {N/R}
Arbitrator upholds a 3 day suspension of a city
employee who took city property worth $2. Oakland Park and Feder. of Public
Employees, FMCS Case #00/02324, 114 LA (BNA) 1192 (Abrams, 2000). [2000 FP
166-7]
Maryland appellate court affirms the termination
of a male corrections officer who allowed female inmates to live with him after
their release. Stover v. Prince George's Co., #775-1999, 132 Md.App. 373, 752
A.2d 686, 2000 Md. App. Lexis 92. [2000 FP 167]
Arbitrator upholds a five-day suspension for
filing an untrue sexual harassment complaint. Fort Worth (City of) and
Individual Grievant, AAA Case #71-390-00132-99, 114 LA (BNA) 440 (H. Moore,
2000). [2000 FP 150]
Arbitrator reduces a termination to a long-term
suspension for sending an e-mail with sexually offensive content. PPG and Bro.
of P. & A. Trades L-579, FMCS Case #99/08802, 113 LA (BNA) 833 (Dichter,
1999). [2000 FP 85]
Appeals court overturns a civil service ruling
that annulled a 5-day suspension of a lieutenant that used foul language to his
superior. There was no independent basis for rejecting the penalty. Boston
Police Dept. v. Collins, #97-P-1844, 48 Mass.App. 408, 721 N.E.2d 928, 2000
Mass. App. Lexis 4. [2000 FP 85-6]
Appeals court upholds the firing of a police
officer who, after an off-duty shootout with his wife, threatened to kill
responding officers during an eight hour standoff. McCloud v. Rodriguez,
#1-98-1859, 710 N.E.2d 37 (Ill.App. 1st Dist. 1999). [2000 FP 53]
Appellate court sustains termination of a police
sergeant for covering up a sexual harassment incident. Taggart v. Safir, 688
N.Y.S.2d 45 (App. 1999). [2000 FP 53]
Appeals court affirms the termination of a
corrections officer who allowed her boyfriend to launder money in her home.
Miller v. N.Y.C.D.O.C., 260 A.D.2d 190, 688 N.Y.S.2d 46, 1999 N.Y. App. Div.
Lexis 3623 (App. 1999). [2000 FP 53]
An Ohio sheriff's dept. lacked just cause to
issue a five-day suspension to an officer for conduct unbecoming, where it was
based on four prior disciplines, only two of which should have been considered
because of staleness; the officer did not exhibit a pattern of misconduct. Delaware
Co. and Ohio PBA, 113 LA (BNA) 851 (Brodsky, 1999). {N/R}
Arbitrator sets aside the termination of a
corrections officer who bet $10 on football game with inmates, and another
infraction. Grievant had a 13-year discipline-free record. County of San
Benito, 113 LA (BNA) 231 (Pool, 1999) {N/R}
Arbitrator reduces a termination to a 30 day pay
forfeiture. Corrections officer failed to report a coworker who flashed his
genitals as a joke. Oregon Dept. of Corr. and AFSCME C-75/L3940, 113 LA (BNA)
374 (Skratek, 1999). [2000 FP 39]
Divided Pennsylvania Supreme Court declines to
set aside arbitration awards that reinstated two state troopers. One terrorized
an acquaintance with a firearm, the other shoplifted merchandise. Penn. State
Police v. St. Pa. Troopers Assn., 559 Pa. 586, 741 A.2d 1248, 1999 Pa. Lexis
3531. [2000 FP 39-40]
In reviewing arbitration awards, the sole test
for a court is see if the issue is within the terms of the bargaining agreement
and to see if the issue is appropriately before the arbitrator. State (Cheyney
Univ.) v. Univ. Prof. Assn., 560 Pa. 135, 743 A.2d 405, 1999 Pa. Lexis 3783.
[2000 FP 40]
Arbitrator reinstates two Pittsburgh police
officers convicted of stealing crack cocaine and insurance fraud. Pittsburgh
and Grievances of McAndrews and Ross. [2000 FP 41]
Arbitrator upholds a rule which prohibits an
off-duty police officer from publicly using intoxicating beverages to the
extent that it might bring discredit to the Police Dept. Thirty day suspension
is reduced to twenty. El Paso (City of) and El Paso Mun. POA, AAA Case
#70-390-00181-99, 114 LA (BNA) 225 (H. Moore, 2000). {N/R}
Wyoming supreme court sustains the termination of
a deputy sheriff for unauthorized absence and dishonest reporting of an
illness. Fisch v. Allsop, #98-214, 4 P.3d 204, 2000 Wyo. Lexis 94. {N/R}
Dismissal was appropriate for two off-duty NYPD
officers who displayed their guns and spoke racial epithets. Anderson v. Safir,
260 A.D.2d 179, 688 N.Y.S.2d 34, 1999 N.Y. App. Div. Lexis 3638. {N/R}
Arbitrator upholds firing of a 24-year veteran
police officer who stole a $100 appliance. Galion, Ohio and FOP L-71, FMCS Case
#98/13592,112 LA (BNA) 771 (Talarico, 1999). [1999 FP 148]
Federal appeals court rejects a civil rights
claim brought by a corrections officer who was handcuffed and placed under
“house arrest” because he entered a superior's office without knocking.
Fournier v. Reardon, 160 F.3d 754 (1st Cir. 1998). [1999 FP 119]
California court upholds the firing of a city
worker for rudeness and temper tantrums. Deegan v. Mountain View, 72
Cal.App.4th 37, 84 Cal.Rptr.2d 690, 1999 Cal.App. Lexis 473. [1999 FP 101]
Federal appeals court declines to reinstate a
corrections officer who was fired for petty theft, in spite of his claim his
superiors were out to get him. The federal courts are not the proper forum to
second-guess personnel decisions. Schacht v. Wis. Dept. of Corr., # 96-3533,
1999 U.S. App. Lexis 7418, 175 F.3d 497 (7th Cir.); verdict rptd. in the
Baltimore Sun on 2/3/99. [1999 FP 83-4]
Arbitrator sustains the termination of a sergeant
who, as a prank, gave two officers a fake drug tests and told them they had
failed. Sergeants have a duty to motivate subordinates and to promote morale.
Broward Co. Sheriff's Off. and Fed. Public Emp. D-1, 110 LA (BNA) 581 (Hoffman,
1998). [1999 FP 69-70]
Appellate court overturns a termination because
management failed to notify the employee that her prior disciplinary record
would be used to aggravate the penalty at the hearing. Thomas v. City of Mt.
Vernon, 671 N.Y.S.2d 516 (A.D. 1998). [1999 FP 39-40]
Supreme Court declines to review police
termination case where trooper lied about having sex on duty. Martin v.
Kentucky State Police, #98-466, 119 S.Ct. 511, 1998 U.S. Lexis 7289, 142
L.Ed.2d 424 (1998). [1999 FP 40]
Appellate court in California concludes that an
investigator was lawfully terminated for making false statements on a workers'
compensation claim form and was dishonest with his supervisor. Holmes v. Dist.
Atty., 81 Cal.Rptr.2d 174, 1998 Cal. App. Lexis 1094. [1999 FP 40]
Appellate court affirms the termination of state
a trooper for keeping weapons seized in a domestic disturbance. Hricik v.
McMahon, 668 N.Y.S.2d 295 (A.D. 1998). [1999 FP 8]
Termination of police officer for drug use
upheld, following an EMIT and GC-MS confirmation. Casey v. NYCHA, 672 N.Y.S.2d
305 (A.D. 1998). {N/R}
Appellate court affirms termination of NYPD
officer who lied at an internal affairs interview. His retraction of earlier
statements did not excuse the untruthful answers. Spiratos v. Safir, 672
N.Y.S.2d 311 (A.D. 1998). {N/R}
Employer had just cause to discharge employee,
who persistently violated a work rule requiring employees to wear safety
glasses. Carrier Corp. and SMWIA L-483, FMCS Case #97/24951, 110 LA (BNA) 1064
(Ipavec, 1998). {N/R}
Four-judge appellate panel sustains the firing of
a police chief who refused to turn over to the town manager a police
investigative report. Marden v. Bedford, 672 N.Y.S.2d 371 (A.D. 1998). {N/R}
Demotion of a sergeant to deputy sheriff for
failing to follow the department manual regarding domestic violence
investigations was not unreasonable. Huff v. Rock Island Co., 689 N.E.2d 1159
(Ill.App. 1998). {N/R}
Appeals court affirms termination of a NYPD
officer who repeatedly harassed a fellow officer and threatened to kill her.
Daly v. Bratton, 663 N.Y.S.2d 182 (A.D. 1997). [1998 FP 164]
Australian police officers disciplined for sending
obscene e-mail attachments. Loundy, E-Law Update #4 (9-16-1998). [1998 FP 165]
Wisconsin court allows a police chief to stack
disciplinary offenses arising out of the same event, for the purpose of
imposing multiple five-day suspensions. Parker v. Jones, #97-CV-008092, Circuit
Ct., Milwaukee Co., Wis. (12 Aug. 1998). {AELE file #5660} [1998 FP 150]
Law review article: “Police discipline in
Chicago: arbitration or arbitrary?” by Mark Iris. 89 (1) J. Cr. L. & Crim.
215-44 (Fall 1998), Northw. Univ. Sch. of Law (Chicago). In a 5-year study of
C.P.D. arbitration awards involving disciplinary suspensions, where a total of
2,607 suspension days were given in 533 cases, various arbitrators sustained
only a total of 1,309 days (50.21%).
Ohio arbitrator sustains termination of a worker
with 33 years service, who falsified his time card by 30 minutes to get an hour
of overtime pay. Champion Intern. and UPIU L-1967, LAIG (LRP) #482-8 (Morgan,
1998). {N/R}
Arbitrator had authority to reduce a termination
to a 30-day disciplinary suspension. The bargaining agreement contract did not
have to explicitly define an arbitrator's power to substitute a lesser penalty.
Hill v. Staten Is. Zool. Soc., 147 F.3d 209, 1998 U.S. App. Lexis 13234, 158
LRRM (BNA) 2709 (2nd Cir.). {N/R}
Maryland appellate courts uphold termination of
officer for indecent exposure; Supreme Court rejects review. Wright v. Mass
Transit Auth., 114 Md. App. 728 (Unreported, 1997); aff'd w/o opin. 695 A.2d
1229, 346 Md. 241 (1997); cert. denied, 118 S.Ct. 1190, 1998 U.S. Lexis 1678.
[1998 FP 117]
California appellate court reverses a trial judge
that reduced the penalty for workers who repeatedly took excessive breaks.
Courts should not overturn the penalty imposed by management, absent a clear
abuse of discretion. Kazensky v. City of Merced, #F028725, 98 Cal.Dly.Op.Srv.
4987, 1998 Cal.App. Lexis 570. [1998 FP 118]
Appellate court reduces punishment of a deputy
sheriff who lost a firearm from termination to an 18-month suspension. Barresi
v. Mahoney, 658 N.Y.S.2d 451, 1997 N.Y.App.Div. Lexis 6598. [1998 FP 100]
Arbitrator concludes that management lacked just
cause to discharge an off-duty officer, who had a one-car automobile accident
after he had consumed four beers in four-hour period. Management did not prove
that he was drunk and he was not arrested for DWI; there were no prior
disciplinary complaints in his 10-year work record and members of the public
did not complain about the grievant's conduct in incident. El Paso (City of)
and P.O.A., AAA #71-390-00132-97, 110 LA (BNA) 411 (Moore, 1998). {N/R}
Appellate court upholds the termination of a
police officer who was found guilty of menacing conduct. Segars v. Buffalo, 654
N.Y.S.2d 919 (A.D. 1997). [1998 FP 53]
Iowa appellate court sustains the termination of
a police officer who publicly criticized the chief. His prior disciplinary
history revealed that another suspension would be a futile attempt to instill a
respect for authority. Fort Dodge v. Civil Serv. Cmsn., 562 N.W.2d 438 (Iowa
App. 1997). [1998 FP 53]
Management can agree to non precedent-setting
settlement agreements with an employee, even under protest from the bargaining
unit. City of Tampa and Hillsb. Co. PBA, 109 LA (BNA) 453 (Sill, 1997). {N/R}
Use of profanity by corrections officer and
directed to prisoners must not be tolerated, but an arbitrator finds that the
rule was selectively enforced against the grievant. Scott Co., Minn. and Law
Enf. Labor Serv., BMS Case #97-PA-133, 109 LA (BNA) 666 (Daly, 1997). {N/R}
Arbitrator orders reinstatement and back pay to a
Muslim hospital worker; the employee's public outburst at a meeting should be
excused, because it was provoked by his supervisors insensitivity to his
religious beliefs. Liberty Medical Center, 109 L.A. (BNA) 609 (Gentile, 1997).
{N/R}
Appellate court upholds termination of officer
who knowingly made a false arrest. Aliberti v. O'Connor, 647 N.Y.S.2d 741 (A.D.
1996). [1997 FP 118-9]
Arbitrator upholds a 15-day suspension of officer
who kicked a suspect he was fighting with; other officers were present,
eliminating a need for the force used. La Porte, Tex. (City of) and Grievant,
FMCS #95/13573, 106 LA (BNA) 886 (Goodman, 1996). [1997 FP 133-4]
Arbitrator reduces a 5-day suspension to 1-day;
state trooper, while off-duty, was abusive to a city police officer. Ohio Hwy.
Patrol and FOP C-1, 107 LA (BNA) 779 (Feldman, 1996). [1997 FP 133]
Arbitrator orders reinstatement of a police
officer who was fired following his conviction for a domestic violence
misdemeanor. City of Cleveland and Clev. Police Patrolmen's Assn., 108 LA (BNA)
912 (Skulina, 1997). [1997 FP 135-6]
Appellate court annuls chief's order disallowing
officer to moonlight as punishment for violating rules on secondary employment.
Frat. Ord. of Police v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996). [1997 FP
89-90]
Appeals panel uphold termination of police
officer who failed to promptly report the discharge of his firearm. Cerio v.
NYC Transit Auth., 645 N.Y.S.2d 822 (A.D. 1996). [1997 FP 54-5]
NY correction officer who committed a crime in NJ
should not be removed from office because the same offense (possession of a
firearm) was only a misdemeanor in NY. Quaranta v. Jacobson, 641 N.Y.S.2d 1013,
N.Y.Co. Supr.Ct. (1996). {N/R}
Appeals court finds that termination was
excessive punishment, of a long-time civil servant who used poor judgment in
using his position to get a favorable price for a personal vehicle. Papakanakis
v. Port. Auth. NY-NJ, 646 N.Y.S.2d 2 (A.D. 1996). [1997 FP 55]
Arbitrator reduces a suspension to a reprimand,
because management had increased the penalty for prior conduct, for which the
employee was not disciplined for and was unable to contest by grievance. Erie
(City of) and AFSCME L-2206, 107 LA (BNA) 677 (Franckiewicz, 1996). [1997 FP
35-6]
Arbitrator upholds termination of trooper who
stopped an attractive motorist for no apparent reason, and then flirted with
her. He also lied about the incident to his superiors. Ohio (State of) and FOP
Council 1, 34 (1693) G.E.R.R. (BNA) 1702 (Feldman, 1996). [1997 FP 36]
Appeals court sustains termination of correction
officer for marijuana use; penalty fit the offense. Fulton v. Jacobsen, 641
N.Y.S.2d 16 (A.D. 1996). [1997 FP 36-7]
Louisiana supreme court upholds police
commission's decision to reduce punishment from termination to unpaid medical
leave. Filing false reports and lying to superiors was mitigated by the
trooper's work-related depression. Dept. of State Police v. Mensman, 671 So.2d
319 (La. 1996). [1997 FP 45]
California appeals court upholds reduction of a
termination to an 18-month disciplinary suspension, even though the rules
provided for a maximum suspension of 30 days. Crowder v. Co. of Los Angeles,
1996 Cal.App. Lexis 1158, 51 Cal.App.4th 711, 59 Cal.Rptr.2d 410. [1997 FP 22]
N.Y. Appellate Court sustains a two-year disciplinary suspension of a teacher
who refused to undergo psychological and physical testing. Schwartz v.
Hicksville Sch. Dist., 1996 N.Y. App.Div. Lexis 12680, 233 A.D.2d 515, 650
N.Y.S.2d 991. [1997 FP 22-3]
Illinois Supreme Court refuses to enforce an
arbitration award ordering the reinstatement of a case investigator who filed a
false incident report. Reinstatement would be contrary to public policy. AFSCME
v. Dept. Central Mgmt. Serv., 173 Ill.2d 299, 1996 Ill. Lexis 91, 153 LRRM
(BNA) 2525. [1997 FP 20]
Appellate court sustains propriety of termination
for physically striking, verbally abusing and threatening a superior officer.
Keys v. Schembri, 639 N.Y.S.2d 23 (A.D. 1996). {N/R}
Fla. appellate court sustains termination of
sheriff's employee for intentionally omitting his prior employment as a police
officer in N.H., even though personnel bd. recommended a 90-day disciplinary
suspension. Philbrick v. Co. of Volusia, 668 So.2d 341 (Fla.App. 1996). {N/R)
Appeals court reaffirms “Douglas Factors” in
assessing disciplinary punishment of federal employees. Termination for minor
offense upheld because the employee changed her story and presented incredible
testimony. Rizor v. U.S. Postal Service, 1996 U.S.App. Lexis 9684 (unrep.
opin.; result only at 91 F.3d 166) (Fed.Cir.) The factors are listed in the
1981 Douglas case note below. [1996 FP 135-6]
Appellate court affirms termination of an
off-duty police officer who was involved in a hit-and-run collision, even
though only property damage resulted. Kidney v. Bratton, 637 N.Y.S.2d 152 (A.D.
1996). [1996 FP 149]
Federal employment appellate board reduces the
punishment imposed because the employee reported his deportment before it was
discovered by management. Casarez v. Dept. of the Army, 70 M.S.P.R. 131, 1996
MSPB Lexis 271. [1996 FP 119]
Appeals court upholds termination of troopers who
allowed two "exotic dancers" to take private property from a home.
Costa v. McMahon, 639 N.Y.S.2d 490 (A.D. 1996). [1996 FP 119]
Arbitrator upholds 30-day suspension of a
corrections officer, following the escape of her prisoner. D.C. Dept.
Corrections and FOP, 105 LA (BNA) 843 (Rogers, 1996). [1996 FP 120]
Arbitrator reduces punishment of a deputy that
gave inmates cigarettes. Progressive discipline schedule applied. Licking Co.
and FOP, 105 LA (BNA) 824 (Paolucci, 1995). [1996 FP 101]
Arbitrator upholds termination of a sheriff's
deputy for denying minor misconduct he actually was guilty of. Lying is
incompatible behavior. Paulding Co. Sheriff's Dept. and F.O.P., 105 LA (BNA)
1100 (Bittel, 1995). [1996 FP 83]
Appeals court affirms 15-day suspension of an
officer who hid his patrol car in his garage while he took a break. Nessel v.
Bd. Fire & Police Cmsnrs. of Northlake, 664, N.E.2d 207, 1996 Ill.App.
Lexis 222 [1996 FP 83-4]
Appellate court affirms termination of an officer
who gave a superior an unjustified traffic citation. Penna. St. Trprs. Assn. v.
Penna. St. Police, 667 A.2d 38 (Pa.Cmwlth. 1995). [1996 FP 71]
Appellate court sustains termination of off-duty
who threatened civilians at gun point. Brookes v. Suardy, 635 N.Y.S.2d 74 (A.D.
1995). [1996 FP 71]
Maryland ct. of app. allows management to
terminate an officer, who erroneously had been given a five-day suspension for
the same conduct. Double jeopardy claim fails because discipline is
"nonpunitive." Ward v. Dept. Corr. Serv., 339 Md. 343, 663 A.2d 66
(1995). [1996 FP 55]
Appeals court sustains termination of a police
officer who omitted mention of a prior job from which he was fired for
negligence. Sindermann v. Civil Serv. Cmsn. of Gurnee, 657 N.E.2d 41, 1995 Ill.App.
Lexis 796. [1996 FP 39]
Arbitrator sustains termination of firefighter
for shoplifting. Las Vegas (City of) and IAFF L-1285, 105 LA (BNA) 398 (1995).
[1996 FP 39-40]
State trooper who failed to maintain a home phone
is suspended; arbitrator reduces the penalty, and upholds the rule requiring
officers to have a home phone and provide management with the number. Ohio
(State of) and FOP Unit 1, 105 LA (BNA) 361 (Feldman, 1995). [1996 FP 40]
Appellate court upholds 30-day suspension and one-year
probationary status for NYC police officer who unjustifiability pointed his
firearm at two civilians. McKernan v. Kelly, 627 N.Y.S.2d 634 (A.D. 1995).
[1996 FP 40]
Arbitrator reinstates police officer who was
terminated for having four chargeable collisions in a year. Lufkin (City of)
and C.L.E.A.T., 25 (11) LAIG #5101 (AAA) 3 (Sherman, 1995). [1996 FP 22]
Appellate court affirms 30-day suspension of
officer who blocked traffic as part of a police union demonstration. Loeffel v.
Kelly, 625 N.Y.S.2d 39 (A.D. 1995). [1996 FP 22]
Federal court upholds termination of sheriff's
deputy for saying the "Department can go to hell." Montgomery v.
Brookshire, 880 F.Supp. 483 (W.D.Tex. 1995). [1996 FP 22]
Appellate court upholds demotion of NYCPD
detective for lying to a superior officer about his meeting with a suspected
drug dealer. Long v. City of N.Y., 625 N.Y.S.2d 562 (A.D. 1995). [1996 FP 23]
State supreme court reverses a hearing officer
and terminates a corrections manager for allowing a serious breach of prison
security. State Dept. of Prisons v. Jackson, 895 P.2d 1296 (Nev. 1995). [1996
FP 23]
Termination set aside as excessive punishment. On
remand, demotion and three year suspension without pay is affirmed by an
appellate court. Sergeant was charging a business to check the conviction
records of job applicants. Lentz v. Dept. of Police, 646 So.2d 518 (La.App.
1994). [1995 FP 166]
Colorado Supreme Court allows evidence of a
mental disorder to reduce punishment for repeated acts of misconduct. People v.
Lujan, 890 P.2d 109 (Colo. 1995). [1995 FP 166-7]
Appellate court upholds termination of a police
officer with a record of six years of unrelated performance deficiencies.
Calomino v. Bd. Fire & Police Cmsnrs., 652 N.E.2d 1126, 1995 Ill.App. Lexis
463. [1995 FP 148-9]
Appeals court affirms 25 day penalty on a officer
who fired his gun from the patrol car while leaning over his partner. O'Connor
v. Kelly, 627 N.Y.S.2d 1 (A.D. 1995). [1995 FP 149]
Appellate court reinstates termination of
corrections officer who lied during an internal investigation. Dept.
Corrections v. Roche, 654 A.2d 64 (Pa.Cmwlth. 1995). [1995 FP 149]
Five-judge appellate court upholds 25 days of
accumulated vacation of a NYCPD officer who leaned over his partner and fired
his weapon while both men were sitting in their patrol car. The penalty was
commensurate with the reckless behavior. O'Connor v. Kelly, 627 N.Y.S.2d 1
(A.D. 1995). [1995 FP 149]
Arbitrator upholds termination of a white
corrections officer who presented a small burning cross to a black officer. KKK
symbolism cannot be joked about. Orange Co. and Correction Officers Ben. Assn.,
25 (6) LAIG #5050 (AAA) 5 (Simons, 1994). [1995 FP 133]
Federal appeals court upholds a termination for
insubordinate behavior; officer disregarded a "no arrest" policy.
Privette v. Dept. of Air Force, 55 F.3d 603, 1995 U.S.App. Lexis 11217
(Fed.Cir.). [1995 FP 133-4]
Arbitrator reduces punishment of fire inspector
from written reprimand to a warning; dept. lacked a valid reason to deviate
from its progressive discipline schedule. Lawton (City of) and I.A.F.F. L-1882,
104 LA (BNA) 686 (Allen, 1995). [1995 FP 134]
Appellate court sustains termination of police
officer who engaged in "deceitful actions that had a negative impact upon
the integrity of the police dept." Ruggio v. Hammill, 616 N.Y.S.2d 842
(A.D. 1994). {N/R}
Five-judge appellate court finds that demotion
was excessive punishment for a corrections corporal who was found asleep on
duty on two occasions. Moreover, because the sheriff had increased the
punishment from that recommended by a hearing officer, he should be
disqualified from assessing the proper punishment to be imposed in this case.
Stapleton v. La Paglia, 616 N.Y.S.2d 679 (A.D. 1994). {N/R}
Federal appeals court sets aside the termination
of a federal police officer. Management must show the force used was a clear
violation of agency policy. Goldstein v. Dept. of Treasury, 51 F.3d 1570
(Fed.Cir.), reversing 1994 MSPB Lexis 707. [1995 FP 118-9]
California appellate court reinstates the
termination of an off-duty officer who accidentally shot a motorist, following
a heated traffic altercation; poor judgment warranted ultimate sanction. Hankla
v. Long Beach Civil Serv. Cmsn. (Ice), 1995 Cal.App. Lexis 440, 40 Cal.Rptr.2d
583. [1995 FP 119-20]
Pennsylvania appellate court reluctantly upholds
an arbitration award that reinstated a police officer who participated in
assaulting a homosexual. Philadelphia v. FOP Lodge 5 (Duffy), 658 A.2d 453,
1995 Pa. Commw. Lexis 191. [1995 FP 120]
Arbitrator upholds termination of city employee
who concealed a conviction for shoplifting on her employment application.
Alexandria (City of) and Grievant, 104 LA (BNA) 266 (Feigenbaum, 1995). [1995
FP 120-1]
NY appellate court upholds 20-day suspension for
police officer who filed a false affidavit. Vinton v. Bratton, 623 N.Y.S.2d 233
(A.D. 1995). [1995 FP 121]
Pa. supreme court upholds an arbitration award that
ordered the reinstatement of a trooper who issued bad checks and contracted
large debts. The arbitrator's finding the conduct was not egregious should not
have been set aside by the lower court. Pa. St. Police v. Pa. St. Troopers
(Gibson), 656 A.2d 83 (Pa. 1995). [1995 FP 116]
Pa. supreme court upholds an arbitrator's
decision to reduce a termination to a 15-day suspension for a trooper that
misused a state credit and obtained $5 worth of gas for his wife's car. Pa. St.
Police v. Pa. St. Troopers (DiRaimo), 656 A.2d 83 (Pa. 1995). [1995 FP 116]
TN appellate court affirms termination of police
officer who fatally shot a fleeing man who shoplifted cigarettes. Holder v.
City of Chattanooga, 878 S.W.2d 950 (Tenn.App. 1993). {N/R}
WV supreme court approves the termination of a
sheriff's deputy who allowed an unauthorized person to accompany him on an
extradition assignment. McMillian v. Ashley, 1995 W.Va. Lexis 34. [1995 FP 101]
Arbitrator reduces demotion to a 20-day
suspension for profanity and negligent supervision of subordinates. Evidence
showed profanity was widespread and dept. failed to follow progressive
discipline schedule. Siler and Yuba Co. Sheriff Dept., 27 (5) PORAC Law Enf.
News 17 (Cohn, 3/22/95). {N/R}
Appellate court upholds termination of a
previously disciplined NYCPD officer for being absent from his residence while
on sick leave. Morocco v. Kelly, 613 N.Y.S.2d 611 (A.D. 1994). [1995 FP 102]
Appellate court sustains termination of
correction officer for excessive absence and lateness. Her participation in an
employee assistance program (EAP) is no defense to the underlying charges.
Nelson v. Abate, 613 N.Y.S.2d 889 (A.D. 1994). {N/R}
Arbitrator reinstates corrections officer who was
fired for posting the bail of an inmate so he could have sex with her.
Detention Ctr. Anne Arundel Co. and Grievant L., 103 LA (BNA) 1212
(Hockenberry, 1994). [1995 FP 85]
Appeals court upholds termination of police
officer who accessed the vehicle registration of a car parked at the home of a
girl friend. Barker v. Kattelman, 92 Ohio App.3d 56, 634 N.E.2d 241 (1993).
[1995 FP 69]
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]
Termination of officer for failing to register a
handgun overturned; dept. failed to use its own progressive discipline
schedule, which mandated a suspension for the first offense. Benton Harbor and
FOP Lts. & Sgts. Assn., 103 LA (BNA) 816 (Allen, 1994). [1995 FP 70]
Appellate court affirms termination of a
corrections officer who gambled with an inmate. McFarland v. Abate, 611
N.Y.S.2d 153 (A.D. 1994). [1995 FP 54]
Storing obscene images and video games in a
government-owned computer warranted a 35-day disciplinary suspension and
reassignment. Morrison v. N.A.S.A., #CH0752940362-I-1, 1994 MSPB Lexis 1642.
[1995 FP 36-7]
Arbitrator upholds termination of ambulance
driver for violating "last chance agreement" where he caused a
vehicular collision due to unnecessary and excessive speed. Stillwater (City
of) and I.A.F.F. l-2095, 103 LA (BNA) 684 (Neas, 1994). {N/R}
Arbitrator upholds a thirty day disciplinary
suspension of an officer for reading and photocopying a confidential memo on
his lieutenant's desk. Centralia (City of) and Teamsters L-252, 102 LA (BNA)
520 (Stuteville, 1994). [1995 FP 22-3]
Arbitrator reduces a termination to a lengthy
suspension, for failing to report another officer's improper use of force. Huber
Heights, Ohio (City of) and F.O.P., 102 LA (BNA) 1057 (Duff, 1994). [1995 FP
3-4]
Arbitrator refuses to reduce the nine-month
disciplinary suspension given an officer, who punched a prisoner multiple
times, then denied his guilt and lied. Huber Heights, Ohio (City of) and
F.O.P., 102 LA (BNA) 1060 (Bittel, 1994). [1995 FP 4]
Arbitrator upholds discipline for an off-duty
sergeant who told a youth to "get the fuck out" of a gambling area.
Permanent reduction to deputy was excessive; demotion period reduced to
13-months. County of Nye, Nev. and Nye Co. Law Enf. Assn., 102 LA (BNA) 1133
(McCurdy, 1994). [1995 FP 4]
Police officer who instigated a confrontation in
a bar, pointed a loaded weapon at a citizen, was guilty of conduct unbecoming,
and dismissal was not an excessive punishment. Diaz v. Rozzi, 607 N.Y.S.2d 503
(A.D. 1993). {N/R}
Appellate court upholds arbitrator's mitigation
of punishment because state police failed to initiate disciplinary action,
following several instances of deportment, until his superiors had accumulated
enough charges to terminate him. "Piling on" the charges violated the
department's progressive discipline schedule. Penn. State Police v. Penn. State
Troopers" Assn., 633 A.2d 1330 (Pa.Cmwlth. 1993). [1994 FP 166-7]
Ohio supreme court affirms demotion of captain to
sergeant for repeated instances of sexual harassment. Kennedy v. Marion
Correctional Institution, 630 N.E.2d 324, 64 FEP Cases (BNA) 1436 (Ohio, 1994).
[1994 FP 149]
Termination of a corrections officer for
excessive force did not shock the conscience. Alvarez v. Abate, 603 N.Y.S.2d
851 (A.D. 1993). {N/R}
In a 2-to-1 decision, a Calif. appellate court
holds that a civil service cmsn. that was authorized to "modify" the
punishment on appeal, BUT could not change a 30-day disciplinary suspension to
termination, as that drastic of a change fundamentally alters the nature of the
punishment, and violates the employees' right to due process. Paoli v. Civ.
Serv. Cmsn. of Mendocino Co., 12 Cal.App.4th 1073, 1993 Cal.App. Lexis 58, 15
Cal.Rptr.2d 874. {N/R}
Federal appeals court upholds termination of
police officer for lying to superiors concerning his sexual relationship with a
former officer. Sweeney v. City of Ladue, 25 F.3d 702, 64 FEP Cases (BNA) 1633
(8th Cir. 1994). [1994 FP 149]
Appellate court upholds termination of a police
officer for willful failure to file state income tax returns. Commission could
consider prior misconduct in determining the penalty. Davis v. City of Evanston,
629 N.E.2d 125 (Ill.App. 1993). [1994 FP 133]
Wisconsin trial court orders reinstatement of
officers who were fired for mishandling a disturbance call involving serial
killer Jeffrey Dahmer and a 14-year old boy. Gabrish v. Milwaukee; Balcerzak v.
Milwaukee, Milw.Co. (Wis.Cir.Ct. 4/27/94). -- Note: also see later federal
cases at 993 F.Supp. 1213, 1998 U.S. Dist. Lexis 2193 and 980 F.Supp. 983; 1997
U.S. Dist. Lexis 16061 (W.D.Wis.). [1994 FP 116-7]
Alabama appellate court upholds termination of
officer who fired four shots at a speeding car that refused to halt. Tew v.
Town of Slocomb, 621 So.2d 293 (Ala.Civ.App. 1992); cert. quashed (Ala. 1993).
[1994 FP 117]
Arbitrator overturns an officer's termination
because his prior minor misconduct did not result in progressive discipline as
provided for in the department's regulations. Mich. Dept. of Corrections and
MCO, SEIU Local 526-M,102 LA (BNA) 280 (1993). [1994 FP 117-8]
PA appellate court reinstates a disciplinary
suspension of a trooper who exposed his penis to other officers as part of a
fraternal banter. Arbitration award which annulled the suspension is set aside
as clearly erroneous. Penn. State Police v. Penn. St. Troopers Assn., 633 A.2d
1278 (Pa.Cmwlth. 1993). [1994 FP 83]
Citing "double jeopardy," a Michigan
arbitrator annuls a termination which followed a 5-day disciplinary suspension
for the same event. Crawford and P.O.A. of Michigan, 31 (1538) G.E.R.R. (BNA)
1442 (Kanner, 1993). [1994 FP 21-2]
Appellate court sustains termination of officer
for lying during an internal investigation. Perry v. Munic. Civil Serv. Cmsn.,
594 N.Y.S.2d 507 (A.D. 1993). [1994 FP 4]
Appellate court upholds termination of police
officer for punching another officer on his jaw. Hammond v. City of Amsterdam,
586 N.Y.S.2d 364 (A.D. 1992). [1993 FP 22]
Appellate court upholds a general right of the
state police to discharge a trooper with a high collision record. However, if a
personnel board reduces the punishment to rehabilitation and orders remedial
driver training, the courts should not interfere. Illinois State Police v.
Merit Bd., 601 N.E.2d 966 (Ill.App. 1992). [1993 FP 38]
Illinois Supreme Court affirms termination of
police officer who left his post because his wife complained of flood danger to
their home. Launius v. Des Plaines F. & P. Cmsn., 151 Ill.2d 419, 603
N.E.2d 477 (1992), reversing 570 N.E.2d 532. [1993 FP 40]
Appellate court sustains termination of deputy
sheriff for an off-duty, unprovoked altercation with two citizens. Robertson v.
Eccleston, 583 N.Y.S.2d 630 (A.D. 1992). [1993 FP 41]
Termination of NYPD officer was the appropriate
penalty for using cocaine. Ruggiero v. Brown, 585 N.Y.S.2d 25 (A.D. 1992).
[1993 FP 41]
Appellate court affirms termination of officer
who struck a citizen in the face with a baton and then falsely claimed he was
acting in self- defense. Vokovich v. Civil Service Cmsn., 832 P.2d 1126
(Colo.App. 1992). [1993 FP 41]
Appellate court finds police department's
progressive disciplinary guidelines were unintelligible, redundant or
uncertain; punishment annulled. Lodderhose v. City of Ferguson, 837 S.W.2d 361
(Mo.App. 1992). [1993 FP 71]
Lost-and-found: a university did not have just
cause to discharge a custodian who had removed money from wallet he found in
restroom where he told his supervisor what he had done and later returned the
money. Although he is guilty of theft, the grievant's unsolicited admission of
guilt reaffirmed his honesty, there was no evidence that the grievant's conduct
caused the employer any harm, and his good, 12-year work history mitigates
against discharge. State, Univ. of Wis. and WSEU-AFSCME L-171, 100 LA (BNA)
1066 (Imes, 1993). {N/R}
Arbitration award of reinstatement conditioned on
an apology from the errant employee is upheld by a three-judge appellate court
in Florida. The arbitrator ordered the reinstatement of a public employee, but
also ordered him "to apologize to his supervisors for his intemperate
language and to post a written apology for 30 days in his former work
area." Moya v. Bd. of Regents, Univ. of Fla., #93-1381, 629 So.2d 282 1993
Fla. App. Lexis 12354, 9 IER Cases (BNA) 153 (1993). {N/R}
Lost-and-found: although just cause existed to
discipline an employee who found a customer's property in a rental car and the
employer's lost and found policy required the immediate return of found items,
discharge was reduced to a disciplinary suspension. The grievant admitted that
he had inadvertently put items in his truck and forgot to turn them in; the
employer failed to prove that he stole the items. Avis and Teamsters L-385, 99
LA (BNA) 277 (DeLoach, 1992). {N/R}
Appellate court sustains termination of officer
who refused to undergo counseling as a condition of continued employment.
Counseling can be lawfully ordered as an alternative disciplinary sanction.
Curtis v. Board of Police Cmsnrs., 841 S.W.2d 259 (Mo.App. 1992). [1993 FP 85]
Appellate court upholds disciplinary suspension
of corrections officer for failure to intervene in an inmate assault. McGrew v.
Dillon, 591 N.Y.S.2d 664 (A.D. 1992). [1993 FP 85-6]
Failure to cooperate with coworkers warranted
termination of firefighter. Schuttak v. Bd. of Trustees, 590 N.Y.S.2d 544 (A.D.
1992). [1993 FP 103]
Appellate court sustains termination of state
employee who drove government-owned vehicle 46 miles for personal reasons.
Davis v. N.C. Dept. of Human Resources, #90-CVS-1609, 31 (1527) G.E.R.R. (BNA)
1079 (7/6/93). [1993 FP 134]
Appellate court affirms termination of officer
for passing worthless checks. Marhold v. Brown, 592 N.Y.S.2d 28 (A.D. 1993).
[1993 FP 134]
Appellate court upholds 20-month suspension and
demotion of a police officer for committing an off-duty battery and doctoring
an affidavit. McDaniel v. City of Evansville, 604 N.E.2d 1223 (Ind.App. 1992).
[1993 FP 116-7]
Appellate court upholds termination of
corrections officer who had an odor of alcohol on his breath. Management did
not have to prove the officer was impaired. Ravencraft v. Dept. of Public Sfty.
& Corr., 608 So.2d 1051 (La.App. 1992). [1993 FP 117]
Appellate court upholds 15-day suspension of
officer for absence from his post. Fusco v. Brown, 591 N.Y.S.2d 833 (A.D.
1992). [1993 FP 117]
Termination of black FBI agent was not too severe
a penalty for smashing the windows of a car illegally parked in his leased
space. Agent failed to show a pattern of lesser discipline imposed on white
agents. Murray v. U.S. Dept. of Justice, 821 F.Supp. 94 (E.D.N.Y. 1993). [1993
FP 165]
Once an employer has articulated a legitimate,
non-discriminatory reason, the burden shifts back to the plaintiff to show by a
preponderance of the evidence that the employer's stated reason is a pretext
for discrimination. The proof must be more than casting doubt on the employer's
reasons. Blanding v. Penn. St. Police, 811 F.Supp. 1084 (E.D.Pa. 1992). [1993
FP 166]
Louisiana holds a civil service board could
reduce but not annul a disciplinary suspension once a finding of misconduct is
upheld. Hardison v. Natchitoches Civil Service Bd., 614 So.2d 354 (La.App.
1993). [1993 FP 166]
Arbitrator reinstates terminated officer who is a
compulsive pedophile, on condition he successfully completes counseling. City
of St. Paul Police and Indiv. Grievant [Kveene], 101 LA (BNA) 265 (Neigh,
1993). [1993 FP 151]
The fact a woman corrections officer failed to
promptly complain of harassment would not prevent disciplinary action against a
male officer, Termination upheld as appropriate punishment. Hansley v. Koehler,
564 N.Y.S.2d 398 (A.D. 1991). [1992 FP 22]
15 day suspension of NYPD officer for profanity
directed to civilians is upheld. Gulino v. Ward, 564 N.Y.S.2d 373 (A.D. 1991).
[1992 FP 22]
Termination of NYPD officer upheld; worked as
bartender in an unlicensed club. Coleman v. Ward, 565 N.Y.S.2d 24 (A.D. 1991).
[1992 FP 22]
IL supreme court upholds termination; see Jan.
1993 issue for details. Decision overturns a divided appellate court ruling
which concluded that termination was too severe a punishment for a police
officer who abandoned his post during flooding to check on the condition of his
home. Launius v. Bd. of Fire & Police Cmsnrs., 151 Ill.2d 419, 603 N.E.2d
477 (1992), reversing 570 N.E.2d 532 (Ill.App.). [1992 FP 38]
Federal court sustains termination of an officer
who applied a chokehold on a handcuffed man while escorting him to the booking
area. Guntharp v. Cobb Co., 723 F.Supp. 771 (N.D. Ga. 1989).
Appellate court annuls differential punishment.
Sergeant had received a 30-day suspension; patrolman was fired. Both had been
found guilty of engaging in an altercation with each other. Wilson v. Board of
Fire & Police Cmsnrs.; Tolbert v. Board [etc.], 563 N.E.2d 941 (Ill.App.
1990). [1992 FP 38-9]
20 day disciplinary suspension of officer who
unnecessarily struck an arrestee on the head with a club is sustained. Nunez v.
Ward, 567 N.Y.S.2d 735 (A.D. 1991). [1992 FP 69-70]
Appellate court upholds ten-day suspension for
shoving a citation down a citizen's shirt. Klee v. Bd. of Fire & Police
Cmsnrs., 574 N.E.2d 241 (Ill.App. 1991). [1992 FP 102]
Appellate court affirms termination of NYPD
officer who omitted, on his employment application, any mention of his military
service and the use of an alias. Angelopoulos v. N. Y. Civil Serv. Cmsn., 574
N.Y.S.2d 44 (A.D. 1991). [1992 FP 133-4]
DUI conviction for off-duty driving did not
warrant an officer's termination; although a death resulted, town failed to
prove alcohol abuse was a proximate cause. Sharkey v. Police Dept., 578
N.Y.S.2d 599 (A.D. 1992). [1992 FP 116]
Termination of a police officer was appropriate
for off-duty sexual assault. Hall v. Del Castillo, 571 N.Y.S.2d 771 (A.D.
1991). [1992 FP 116]
Termination was not an excessive penalty for
abuse of sick leave. Shea v. Brown, 575 N.Y.S.2d 304 (A.D. 1991). {N/R}
Commission could not impose a greater penalty
than the one recommended by its hearing examiner, without making different
findings of fact or conclusions of law. Hood v. Fla. Dept. of Law Enf., 585
So.2d 957 (Fla.App. 1991). [1992 FP 150]
Termination of trooper for misappropriating funds
is upheld. Moore v. Constantine, 574 N.Y.S.2d 507 (Sup. 1991). [1992 FP 150]
Appellate court sustains termination of officer
who lost the weapon used in a homicide. Rouse v. Brown, 575 N.Y.S.2d 57 (A.D.
1991). [1992 FP 150]
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]
Progressive penalties are not, as a matter of
law, "excessive" if the underlying conduct is repetitious. Hegwer v.
L.A. Bd. of Civil Serv. Cmsnrs., 7 Cal.Rptr.2d 389 (App. 1992). [1992 FP 170]
Termination will stand, even if the court finds
another sanction "more appropriate." The court, "cannot sit as a
super-commission in reviewing the punishment imposed." Kappel v. Police
Bd. Chicago, 580 N.E.2d 1314 (Ill.App. 1991). [1992 FP 164-5]
Appellate court upholds removal of a corrections
officer following his conviction for failure to file a state income tax return.
Ayars v. N.J. Dept. of Corr., 251 N.J.Super. 223, 597 A.2d 1084 (App. 1991).
[1992 FP 165]
Absence from assigned post warranted termination
of NYPD officer. Pagan v. Brown, 575 N.Y.S.2d 488 (A.D. 1991). [1992 FP 165]
Horseplay with an inmate warranted the dismissal
of a corrections officer who was on a six months disciplinary probation status.
Hughes v. Sielaff, 575 N.Y.S.2d 490 (A.D. 1991). [1992 FP 166]
Leaving one's post merited forfeiture of 15-days
of vacation. Connell v. Ward, 564 N.Y.S.2d 160 (A.D. 1990).
A baton jab to the abdomen of a non-resisting
unarmed suspect, who failed to drop to the ground when ordered, was excessive
force, and merited a short disciplinary suspension. Wagner v. City of Omaha,
236 Neb. 843, 464 N.W.2d 175 (1991).
Divided appellate court finds termination of a
police officer as too severe a penalty for an off-duty DWI collision. Laborde
v. Alexandria Mun. Fire & Pol. Bd., 566 So.2d 426 (La. App. 1990).
Forfeiture of 15 days of vacation and 6 months
probation appropriate punishment of police officer who twice left his duty post
for brief periods. Brown v. Ward, 559 N.Y.S.2d 512 (A.D. 1990).
Drinking in uniform, while performing off-duty
private security duties, warranted termination of police officers. Shields v.
City of Shreveport, 565 So.2d 473 (La. App. 1990).
Termination appropriate punishment for police
officer who threatened a citizen with a drawn firearm. Cocozzo v. Ward, 556
N.Y.S.2d 328 (A.D. 1990).
30-day suspensions upheld; officers made false
statements in a vehicle pursuit report. Freeman v. Ward, 556 N.Y.S.2d 563 (A.D.
1990).
Demotion of one rank and a 15-day suspension was
appropriate punishment for the punching of a man who had stolen his father's
ring. Officer had a 15-year satisfactory service record. Faught v. City of
Alexandria, 560 So.2d 671 (La. App. 1990).
Failing to conduct proper investigation at scene
of disturbance and allowing an unidentified male to leave apartment, warranted
termination of police officer. Eberhart v. Ward, 555 N.Y.S.2d 329 (A.D. 1990).
30 day disciplinary suspensions, plus 12-month
probationary period are appropriate for putting a gun to a head of a citizen or
striking a suspect during a stop-and-question encounter. O'Brien v. Ward, 555
N.Y.S.2d 764 (A.D. 1990).
Termination not an overly severe punishment for
an alcoholic officer who failed to report to duty and missed an appointment for
a medical exam. Hughes v. Ward, 551 N.Y.S.2d 217 (A.D. 1990).
Off-duty fight, resistance to arrest, warranted
termination of a police officer. DiFiglia v. Ward, 551 N.Y.S.2d 245 (A.D.
1990).
Short suspensions and one-year probation upheld
for striking a traffic violator. Ferriso v. Ward, 555 N.Y.S.2d 63 (A.D. 1990).
Lying under oath at an evidentiary hearing
warranted termination of a police officer. Freyre v. Ward, 555 N.Y.S.2d 102
(A.D. 1990).
Failing to safeguard one's weapon at home, which
was used in a shooting, warranted three-year disciplinary suspension. Rinando
v. Ward, 552 N.Y.S.2d 581 (A.D. 1990).
Failing to report fellow police officers who
stole food stamps and coins warranted termination. Scaturico v. Ward, 552 N.Y.S.2d
24, and Jervis v. Ward, 552 N.Y.S.2d 25 (A.D. 1990).
Off-duty officer who solicited an oral sex act at
a massage parlor and later urinated on a table full of food was guilty of
conduct that warranted his termination. Boyce v. Ward, 551 N.Y.S.2d 7 (A.D.
1990).
Appellate court confirms 120 day suspension of
police officer for selling video poker gaming device. Cittandino v. Dept of
Police, 558 So.2d 1311 (La. App. 1990).
W. Va. Supreme Court upholds termination of 3
police officers for unexcused absences, missing duty due to inebriation, and
drinking while on duty and in uniform. Johnson v. City of Welch, 388 S.E. 2d
284 (W. Va. 1989).
Misappropriation of $20 in narcotics funds
warranted officer's termination. Perez v. Ward, 550 N.Y.S.2d 628 (A.D. 1990).
Fire inspector who was tardy, left early and
submitted false statements was properly terminated. Palomino v. Bruno, 550
N.Y.S.2d 19 (A.D. 1990).
Bashing a press photographer warranted a 60-day
suspension, but demotion from sergeant to patrolman was too severe a
punishment. Tafaro v. Dept. of Police, 552 So.2d 458 (La. App. 1989).
W. Va. Supreme Court overturns termination of
corrections counselor who brought pornographic videotapes into a penal
institution; these were later viewed by inmates. Punishment reduced to a
two-year suspension. Gouge v. Civil Service Cmsn., 384 S.E.2d 855 (W.Va. 1989).
Appellate court holds that when an officer is
fired for numerous acts of misconduct, hearing board is not required to segregate
the punishment for each charge, but may consider them in the aggregate to
support the termination. Curry v. St. Louis County, 773 S.W.2d 499 (Mo.App.
1989).
Absent a contract provision to the contrary, an
employer may combine two different offenses committed by the same employee to
obtain a second level of punishment in the progressive discipline schedule.
Wilbur Chocolate Co. v. BC&TWU L-464, 1988 U.S.Dist. Lexis 2896 (E.D.Pa.).
{N/R}
Failure to issue summonses for code violations
warranted termination of inspector for incompetence. Amato v. Town of Baylon,
534 N.Y.S.2d 99 (A.D. 1989).
Appellate court upholds 40 day suspension and 6
months probationary status for a detective who overstated his time sheets. Di
Rienz v. Constantine, 543 N.Y.S.2d 232 (A.D. 1989).
California appeals court allows a Board of Rights
to increase an appealed penalty. A 5-day suspension, imposed by the chief of
police, was increased to 15 days. A reviewing board or commission may not
increase a punishment to retaliate against an officer for seeking a hearing,
but the employee has the burden of proving that the enhancement was vindictive.
Holcomb v. City of Los Angeles, 210 Cal.App.3d 1560, 1989 Cal.App. Lexis 546,
259 Cal.Rptr. 1 (1989).
Off-duty trooper who was speeding 90 mph and then
called the pursuing trooper a nitwit was terminated. Appellate court upholds
penalty in light of other, though minor, errant behavior. Novotny v.
Constantine, 150 A.D.2d 852, 540 N.Y.S.2d 605, 1989 N.Y. App. Div. Lexis 5472.
Officer who shot unarmed fleeing suspect in the
back was properly terminated. Putz v. Civil Service Cmsn., 557 A.2d 458 (Pa.
Cmwlth. 1989).
D.C. corrections officer who tried to buy heroin
received a 30-day suspension, not termination. Appellate court refuses to
reverse the minor discipline and impose a termination. Where grounds for
dismissal are listed, and there is no catch-all provision, termination is not
warranted. Dept. of Corrections v. Local 246, 554 A.2d 319 (D.C. App. 1989).
Supreme Court rejects appeal of damage verdict
against head of Massachusetts state police; verdict was for a failure to impose
"adequate" discipline. Excessive leniency could be the predicate of
civil liability in negligent retention cases. Dobos v. Driscoll, 404 Mass. 634,
537 N.E.2d 558 (1989); cert. den. sub nom Kehoe v. Dobos, 110 S.Ct. 149 (1989).
N.Y. Appellate court overturns terminations as
too harsh a punishment. Police officers charged with receiving a
"fee" to assist a bank in repossessing a vehicle. McAvoy v. Ward, 535
N.Y.S.2d 721 (A.D. 1988).
Appellate court affirms termination of a
correctional officer who pointed a gun during a verbal dispute with other
patrons of a bar, in spite of his contention he thought he would be attacked by
a gang member. Thompson v. State Personnel Bd., 201 Cal.App.3d 423 (1988).
{N/R}
Court affirms termination of police officer who
left his duty post during time of flood, to check on water damage to his home.
Launius v. Bd. of Fire & Police Cmsnrs. of Des Plaines, Cook Co. Cir. Ct.
#88-CH-5826 (1989).
Disciplinary appeals panel could lawfully
increase punishment, unless the employee can establish the aggravated penalty
was in retaliation for taking an appeal. Holcomb v. City of Los Angeles, 210
Cal.App.3d 1560, 259 Cal.Rptr. 1 (1989).
Courts annul termination of officer who was
insubordinate and walked off the job for an hour; his supervisor provoked him
by unwarranted criticism. Richardson v. Board of Supervisors, 250 Cal.Rptr. 1
(App. 1988).
Chief could not use prior instances of similar
conduct to justify the termination of a subordinate, because union contract
provided that deficiency warnings and written reprimands were to be expunged
after nine months. Sambo v. City of Mitchell, 427 N.W.2d 379 (S.D. 1988).
Chronic alcoholism no basis to lessen punishment
of dismissal for police officer who brandished a firearm, beat citizens, and
took money belonging to another. Glenville v. Police Bd. of Chicago, 532 N.E.2d
490 (Ill.App. 1988).
Arbitrator had inherent authority to reduce
firefighter's punishment for DUI and drug possession. Intern. Assn. of Fire
Fighters v. Prince Georges Co., 538 A.2d 329 (Md. App. 1988).
Volatile atmosphere in jails and prisons warrants
stern punishment of errant correctional officers. Billings v. St. Lawrence Co.,
526 N.Y.S.2d 677 (A.D. 1988).
Failing to report criminal acts of other officers
warrants termination of sheriff's deputies. In Matter of Steyer, 70 N.Y.2d 990,
521 N.E.2d 429 (1988).
Nebraska supreme court upholds termination of a
city inspector for insubordination; told his supervisor to "stick the
radio in his ass" and threatened to punch him in the nose. Stone v. City
of Omaha, 424 N.W.2d 617 (Neb. 1988).
Single instance of brutality warranted
termination of police officer; protection of public an overriding concern.
Bultas v. Bd. of Fire & Police Cmsnrs. of Berwyn, 524 N.E.2d 1172 (Ill.App.
l988).
Nebraska supreme court upholds termination of a
corrections employee who abused an inmate; court refuses to lessen punishment
because officer was exposed to tear gas on previous day. Monie v. State Pers.
Bd., 229 Neb. 27, 424 N.W.2d 874 (l988).
Leniency and casual attitude of prior supervisor
no defense to disciplinary action initiated by new supervisor who warned his
subordinates he "went by the book." Jones v. Gerwens, 677 F.Supp.
1151 (S.D. Fla. 1988).
Arbitrator reduces a 5-day suspension to a
written reprimand for prison officer who called a coworker a "nigger"
and other names, and is ordered to make a personal apology for the slur, thank
him for his restraint. Fed. Bur. of Prisons and AFGE L-1145 & L-1945, 91 LA
(BNA) 276, FMCS #88/11242 (Statham, 1988). {N/R}
Police chief docked two days pay for slapping a
woman officer; woman gets $7,500 settlement from city to avoid litigation.
Willamette Week Jul. 28 - Aug. 3, 1988, p. 1.
Termination appropriate penalty for exposing
himself, fondling women employees, and requiring female subordinate to perform
oral sex acts on him while in his office. Oare v. Coughlin, 520 N.Y.S.2d 658
(A.D. 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. Phila. Civil Serv.
Cmsn., 529 A.2d 616 (Pa. Cmwlth. 1987).
Dept. could not terminate employee who testified
against others on promise he would not be fired; agency bound by its promises.
Rahilly v. Coughlin, 520 N.Y.S.2d 831, 134 A.D. 2d 353 (1987).
Mentally disturbed police officer was entitled to
disability pension despite his conviction for sexually assaulting his teenaged
daughter. T.N.M. v. Police & Firemen's Ret. Sys., 527 A.2d 883, 218 N.J.
Super. 274 (1987).
Resisting arrest furnishes adequate grounds to
terminate an off-duty police officer. Phila. Civil Serv. Cmsn. v. Wojtuski, 525
A.2d 1255 (Pa. Cmwlth. 1987).
Termination proper where officers falsified work
records, and conspired to fake time card entries. Appointing Authority, Chief
of Police for Kenner v. Trippi et al, 499 So.2d 1177 (La. App. 1986; reh. den.
1987).
Appeals court sustains termination of a police
officer who came to the station while intoxicated, used amphetamines while on
duty, and improperly requested the dismissal of a traffic citation so he could
go on a hunting trip. Anderson v. State Personnel Bd., 194 Cal.App.3d 761
(1987). {N/R}
Off-duty sex offense warrants termination of
public employee; arrest for public masturbation brought discredit to public
agency. Rocek v. Dept. of Public Institutions, 225 Neb. 247, 404 N.W.2d 414
(1987).
Termination appropriate penalty for beating of
arrestee, even though suspect spit on officer. Musquiz v. City of Huntington
Park, 225 Cal.Rptr. 817 (Cal.App. 1986).
Off-duty officer can be disciplined for
intoxicated driving; penalty of discharge too "harsh", court says.
Massingale v. Police Bd. of City of Chicago, 488 N.E. 1289 (Ill.App. 1986).
Irregularity in handling incident involving
off-duty officer did not warrant demotion or other discipline. Reno Police
Prot. Assn. v. City of Reno, 715 P.2d 1321 (Nev. 1986).
Clicking the mike and adding gratuitous words
over the air warrants termination. City of Philadelphia v. Lewis, 508 A.2d 633
(Pa. Cmwlth. 1986).
Punishment reduced for officer who assaulted a
meter maid because of her vulgarity. Serpas v. New Orleans Police Dept., 483
So.2d 1259 (La. App. 1986).
Waiving a gun at bar while intoxicated furnished
grounds to discharge a police officer with 23 years of service. Allman v.
Police Bd. of Chicago, 489 N.E.2d 929 (1986).
Rough treatment of suspects warrants termination
of police officer. Bush v. City of St. Joseph, 395 N.W.2d 466 (Minn. App.
1986).
Striking a prisoner not less serious because it
was spontaneous; order reducing punishment from termination to suspension is
reversed. State Dept. of Highway Safety v. Taylor, 488 So.2d 126 (Fla. App.
1986).
Repeated instances of writing bad checks
warranted termination of police officer. Martelle v. Margeson, 498 N.Y.S.2d 612
(A.D. 1986).
Firefighter properly terminated for making
obscene telephone calls while on duty, in violation of rule against personal
calls. Bajis v. City of Dearborn, 391 N.W.2d 401 (Mich. App. 1986).
Unauthorized apparel (indicative of religious
belief) can be punished, but termination too severe a penalty. Cooper v. Eugene
School Dist., 76 Ore. App. 146, 708 P.2d 1161.
Termination was excessive punishment; off-duty
officer was present at illegal card game. Lombas v. Dept. of Police, 467 So.2d
1273 (La. App. 1985).
Appeals court upholds termination of an off-duty
correctional officer who broke in to a girlfriend's home while in possession of
a weapon. There was no provocation; officers must remain calm when under
pressure. Gray v. Personnel Bd., 166 Cal.App.3d 1229 (1985). {N/R}
Appeals court affirms termination of an on-duty
police officer who loaded his firearm with blanks at a training session, then
fired a round at another officer who was not wearing a ballistic vest. In his
defense, he claimed he was trying to demonstrate the importance of using safety
equipment. Schmitt v. City of Rialto, 164 Cal.App.3d 494 (1985). {N/R}
Appellate court finds dismissal was an excessive
punishment for an off-duty sheriff's deputy who fired his weapon, but missed,
at a motorist who tried to run him down after he attempted to arrest the
apparently intoxicated driver. Lowe v. Civil Serv. Cmsn., 164 Cal.App.3d 667
(1985). {N/R}
Termination of firefighter upheld, following
"disgusting" treatment of prisoner who engaged in oral sex acts.
Watson v. City of Gatlinburg, 699 S.W.2d 171 (Tenn. App. 1985).
Personality disorders and psychological conflict
no excuse for poor judgment and failure to control one's emotions. McCoy v.
Kamradt, 483 N.E.2d 544 (Ill.App. 1985).
Arbitrator reinstates officers who were fired for
selling "Don't choke "em -- Smoke "em T-shirts"; punishment
reduced to six-months disciplinary suspensions. City of Portland and Portland
Police Assn. (Hanlon, 1985).
Penalty for filing "inaccurate" crime
reports reduced from termination to five-day suspension. City of Pomona and
Pomona Police Officers' Relief Assn., CSMCS Case #84-3-440 (Perea, 1985).
Prison guard's fear of AIDS merits reduction of
penalty for refusal to pat-down inmates; termination annulled, no back pay.
A.F.S.C. & M.E. Council 6 and State of Minn. Dept. of Corr., Case
#85M-XVI-600-3183 (Gallagher, Dec. 10, 1985); 24 G.E.R.R. (BNA) 187.
Attempting to cash another's check with forged
signature warranted termination of police officer. Schexnayder v. New Orleans
Police Dept., 474 So.2d 461 (La. App. 1985).
Demotion excessive punishment for failure to
protect a prisoner's property; 30-day suspension upheld. Fernandez v. Dept. of
Police, 474 So.2d 468 (La. App. 1985).
Personal use of confiscated marijuana warranted
officer's termination. Robinson v. New Orleans Police Dept., 474 So.2d 495 (La.
App. 1985).
Employees serving a disciplinary suspension are
not entitled to receive regular fringe benefits. Geneva Patrolmen's Assn. v.
City of Geneva, 16 OhioApp.3d 320, 475 N.E.2d.
Termination of off-duty officer who was present
at illegal card game was unjustified. Lombas v. Dept. of Police, 467 So.2d 1273
(La. App. 1985).
Ohio court invalidates "indefinite
suspension" punishment. Herrmann v. Civil Service Cmsn. of Jenkintown, 478
A.2d 961 (pa. Cmwlth. 1984).
Shooting driver who drove towards officer was
misuse of weapon and justified termination. Faure v. Chesworth, 489 N.Y.S.2d
641 (A.D. 1985).
Court upholds 10 days for each bathroom wall
defacement by police officer. Meyer v. Rozzi, 485 N.Y.S.2d 363 (A.D. 1985);
Jenkintown v. Civil Service Cmsn., 478 A.2d 941 (Pa. Cmwlth. 1984).
Obtaining a rent-free apartment in exchange for
free patrol services warranted sheriff's removal from office. Smith v. State ex
rel. Hightower, 673 S.W.2d 704 (Tex.App. 1984).
Use of cocaine at police facility warranted
termination. Gisin v. Dept. of Public Safety, 477 N.Y.S.2d 63 (A.D. 1984).
Termination too severe for throwing water at
prisoner; 30 day disciplinary suspension appropriate. Brideau v. Wheeler, 476
N.Y.S.2d 189 (A.D. 1984).
Pennsylvania firefighter properly dismissed for
vigilante style actions; conduct unbecoming proved. Jones v. City of Pittsburgh
Dept. of Fire, 476 A.2d 895 (Pa. 1984).
Officer who struck intoxicated, unruly prisoner,
properly terminated for excessive force. Lowery v. City of Mobile Police Dept.,
448 So.2d 388 (Ala. App. 1984).
Six-week suspension upheld for tampering with
vehicle impounded after high-speed chase. Nuttall v. City of Troy, 473 N.Y.S.2d
38 (A.D. 1984).
Termination upheld for off-duty theft of $2.96
item; honesty required of city firefighters. City of Sparks and Intern. Assn.
of Firefighters Local 1265, Case #84K/04211FMCS (Robert E. Burns of San
Francisco, arbitrator, July 2, 1984).
Racially repugnant "joke" warranted
termination of correction officer; showed offensive notice to fellow officers.
Maryland State Dept. of Personnel v. Sealing, 471 A.2d 693, 298 Md. 524 (1984).
Vague threats, sleeping on duty, attitudinal
problems, warrant severe discipline of firefighter but not termination;
punishment reduced to six-month suspension. City of Eugene and Intern. Fire
Fighters (Gillette), #AAA #75-39-0175-83 (Lehleitner, 1984).
Civil service authority could take into account
employee's whole service record to justify termination. Linton v. Bossier City
Mun. Fire & Police Civil Serv. Bd., 428 So.2d 515 (La. App. 1983).
Pennsylvania appellate court sustains termination
of lieutenant for shoplifting, and rejects defense of drug/alcohol use.
Stouffer v. Comm. of Penn. State Police, 464 A.2d 595 (Pa.Cmwlth. 1983).
Termination upheld for erasing tape which could
be used in evidence against accused sergeant. Kott v. City of Fairbanks, 661
P.2d 177 (Alaska, 1983).
Collecting bad checks in police uniform warrants
termination. Viator v. City of New Iberia, 428 So.2d 1329 (La. App. 1983).
Kicking of handcuffed prisoner warrants
termination. In re Herrington, 458 A.2d 320 (Pa.Cmwlth. 1983).
Evading toll collector warranted termination.
Dillon v. Connelie, 463 N.Y.S.2d 79 (A.D. 1983).
Subordinate who engages in serious but irrational
misconduct cannot be disciplined for willful violation of rules. Kloss v. Bd.
of Fire & Police Cmsnrs. of Mundelein, 449 N.E.2d 845 (Ill. 1983).
Appellate court upholds three-day suspension for
sleeping on duty. Lakin v. Gorris, 448 N.E.2d 215 (Ill.App. 1983).
New York upholds suspension of officer who failed
to curb his car when ordered to do so by a supervisor. Spagnuolo v. McGuire, 59
N.Y.2d 981, 453 N.E.2d 1077 (1983).
Officer's rehabilitation from alcoholism,
prescription drugs and stress no defense to separation from employment. Town of
Watertown v. Arria, 451 N.E.2d 443 (Mass.App. 1983).
Use of marijuana warranted suspension, not
termination. State Board could not withdraw peace officer certification after
civil service commission reduced the penalty. Matter of Ackerson, 335 N.W.2d
342 (S.D. 1983).
Civil Service Board could not reduce punishment
from termination to suspension without statutory authority, for sleeping on
duty. City of Kenner v. Pritchett, 432 So.2d 971 (La. App. 1983).
Officer's termination for shooting unarmed
bystander reduced to 60 days by appellate court. Walters v. Dept. of Police,
430 So.2d 1032 (La. App. 1983).
Failure of employee to submit to medical exam was
punishable by three-week suspension; forgetfulness no excuse. Driscoll v. Dept.
of Fire of Syracuse, 454 N.Y.S.2d 562 (A.D. 1982).
Cop who threatened and shot fellow officer may be
entitled to a medical pension. Walsh v. Board of Fire & Police Cmsnrs., Orland
Park, 449 N.E.2d 115 (Ill. 1983).
Termination appropriate for filing a false
report. Wesolek v. Shaler Twp., 455 A.2d 1297 (Pa. Cmwlth. 1983).
Illinois court reverses termination of off-duty
officer who threatened sergeant with his weapon; not "willful"
misconduct. Kloss v. Board of Fire & Police Cmsnrs., Mundelein, 449 N.E.2d
845 (Ill. 1983).
Termination appropriate penalty for working
during sick leave period; appellate court should not reduce sanction. Gailband
v. Christian, 56 N.Y.2d 890, 438 N.E.2d 1116 (1982).
Termination improper where accused was one of
several employees on scene, but only one charged; punishment excessive due to
long hours of work during emergency and unblemished record. Ciechon v. City of
Chicago, 686 F.2d 511 (7th Cir. 1982).
Civil service authority can increase punishment
fixed by chief; it is not "penalty" for taking an appeal. Dickens v.
LaTourette, 663 S.W.2d 250, (Mo.App. 1983).
Personal problems could mitigate penalty;
officer's termination for false citations and insubordination properly reduced
to 180 day suspension. Zagel v. Nagel, 434 N.E.2d 524 (Ill.App. 1982).
Demotion reduced to suspension, for leaving
station without permission or notification when services were needed. Newman v.
Dept. of Fire, City of New Orleans, 413 So.2d 225 (La. App. 1982).
Appellate court affirms termination of off-duty
police officer found firing weapon into air while inebriated. Plodzien v.
Whaley, 610 S.W.2d 63 (Mo.App. 1981).
Evidence of prior instances of drinking
admissible in aggravation of punishment. Officer properly terminated for
on-duty intoxication. Appeal of Eber, 415 A.2d 1253 (Pa. Cmwlth. 1980);
Reichenbach v. Civil Serv. Cmsn. of Wilkinsburg, 417 A.2d 1292 (Pa. Cmwlth.
1980).
Police officer with 201 unpaid parking tickets
fired; appellate court sustains charges, reduces penalty. Thomas v. Police Bd.
of Chicago, 414 N.E.2d 11 (Ill.App. 1980).
Prior employment record may be reviewed for
determining punishment, but not to prove the current charges. Vick v. City of
Waco, 614 S.W.2d 861 (Tex. Civ. App. 1981).
Threats, excessive force and offensive language
justify officer's termination. Kendrick v. Johnson, 279 S.E.2d 646 (W. Va.
1981).
Civil service authority could not increase
punishment assessed against employee. Freese v. Co. of Douglas, 315 N.W.2d 638
(Neb. 1982).
Misinformation to other police officers
concerning friend's drug use warranted termination. Slayton v. Bd. of Fire and
Police Cmsnrs. of Streamwood, 430 N.E.2d 41 (Ill.App. 1981).
Chief's failure to work nights and weekends was
insubordination, but did not justify termination. Henry v. Wilson, 446 N.Y.S.2d
730 (A.D. 1981).
19 year officer, dismissed 1 year before
retirement rights vested, appropriate punishment for "stealing"
gasoline. Kujawa v. City of Williamsport, 445 A.2d 1348 (Pa.Cmwlth. 1982).
Chief may consider prior instances of misconduct
in assessing punishment of subordinate, but accused must have been convicted on
prior charges. Waterhouse v. Hastings, 425 N.Y.S.2d 398 (A.D. 1980).
Failure to inventory confiscated weapon and its
subsequent loss justified termination of officer. Wiegart v. Koenig, 427
N.Y.S.2d 320 (A.D. 1980).
Use of department vehicle while on duty to attend
to out-of-town personal business did not justify termination of long-term
employee with unblemished career. Christenson v. Bd. of Fire & Police
Cmsnrs. of Oak Forest, 404 N.E.2d 339 (Ill.App. 1980).
Termination for unbecoming conduct upheld; appellant
falsely stated that female was his wife to obtain blue cross benefits. Monroe
v. Bd. of Public Safety of Glen Falls, 423 N.Y.S.2d 963 (A.D. 1980).
Failure to arrest drunk driver did not constitute
conduct unbecoming an officer. Collins v. Bd. of Fire and Police Cmsnrs. of
Genoa, 405 N.E.2d 877 (Ill.App. 1980).
Falsification of overtime records justifies
termination. Ansbro v. McGuire, 49 N.Y.S.2d 872, 427 N.Y.S.2d 935 (1980).
Leaving city limits while on duty merited 60 day
suspension. Mundell v. Prottas, 428 N.Y.S.2d 742 (A.D. 1980).
Consecutive disciplinary suspensions permitted
for unrelated offenses. Crawford v. City of Houston, 600 S.W.2d 891 (Tex. Civ.
App. 1980).
Absence without leave for five days justified
termination. McEvers v. Okla. Dept. of Corr., 615 P.2d 307 (Okla.App. 1980).
Verbal abuse and racial epithets justified
termination. Miller v. City of York, 415 A.2d 1280 (Pa. Cmwlth. 1980); Regan v.
Bischel, 284 S.W.2d 935 (Tex. Civ. App. 1955).
Beating of resisting drunk did not merit
termination of officer with unblemished record; 30 day suspension imposed.
State of Alaska and Alaska Public Employees Assn., 1979-80 PBC (CCH) ¶ 45,310
(Hedges, 1980).
Sleeping on duty merited termination of officer;
personal animosity of chief not relevant. Green v. Bd. of Fire & Police
Cmsnrs. of Rock Island, 480 N.E.2d 1187 (Ill.App. 1980).
Prison guard who discussed possible murder of his
warden guilty of outrageous speech; divided court finds termination an excessive
penalty, however. Sutton v. Civil Serv. Cmsn., 418 N.E.2d 791 (Ill.App. 1981).
Unexcused absence for 34 days merited
termination. Mack v. Cook County Police & Corrections Merit Board, 418
N.E.2d 788 (Ill.App. 1981).
Extra-duty punishment; appeals court refuses to
disturb forfeiture of five recreation days. Ruprecht v. City of Cincinnati, 64
Ohio App.2d 90, 411 N.E.2d 1504; see also: Ahearn v. DiGrazia, 97 S.Ct. 225
(1976), affirming 412 F.Supp. 638 (D. Mass. 1976).
Three day suspension for reckless high speed
chase found excessive. Bay Area Rapid Transit Dist. and BART P.O.A., 80-2 ARB
Sec. 8612, 1979-80 (CCH) PBC Sec. 45,330 (1980).
Failure to keep minute book entries justifies
termination in light of past violations. Williams v. Police Dept. of City of
N.Y., 50 N.Y.2d 956, 431 N.Y.S.2d 462 (1980).
Lying to superiors to cover up involvement in
theft supported termination; objections to membership of civil service board
must be timely raised. Atkinson v. City of Marion, 411 N.E.2d 622 (Ind.App.
1980).
City could not terminate officer for
"incompetency" following a series of minor offenses, where
suspensions were imposed; double punishment found. Silver v. City of
Harrisburg, 422 A.2d 704 (Pa.Cmwlth. 1980).
Minority officer's termination for neglect of
duty was proper; decision was not pretextual for racial reasons. Thompson v.
Leland Police Dept., 633 F.2d 1111 (5th Cir. 1980).
Dismissal upheld, officer recommended attorney to
accident victims. Sircher v. Police Bd. of Chicago, 382 N.E.2d 325 (Ill.App.
1978).
Retirement while charges are pending does not
divest board of right to retain jurisdiction and set penalty. Ryan v. McNeal,
569 S.W.2d 361 (Mo.App. 1978).
Assisting a minor obtain false identification
justifies termination. Schoenbeck v. Bd. of Fire & Police Cmsnrs., River
Forest, 387 N.E.2d 738 (Ill.App. 1979).
Reporting for duty with odor of alcohol on breath
justifies termination of probationary employee. Lloyd v. Cmwlth. Bur. of Corr.,
401 A.2d 419 (Pa. Cmwlth. 1979).
Dismissal of 23-year veteran for exaggeration of
overtime hours was an excessive penalty. Ansbro v. McGuire, 414 N.Y.S.2d 334
(A.D. 1979).
Civil service commission may not discipline
employee twice for same misconduct. Burton v. Civil Serv. Cmsn., 394 N.E.2d
1168 (Ill.App. 1979). Note: See Ward v. Dept. Corr. Serv., 663 A.2d 66 (Md.
1995) for a contrary view.
Failure to promptly turn over evidence merits
termination. Newman v. City of Biloxi, 372 So.2d 295 (Miss. 1979).
Miscellaneous vehicle offenses warranted
officer's termination. Madry v. Veteran, 417 N.Y.S.2d 749 (A.D. 1979).
Appellate court upholds $100 fine and three month
probationary period for negligent vehicle operation. Waite v. Connelie, 417 N.Y.S.2d
323 (A.D. 1979).
"Monkey business" not police business
and constitutes "inattention to duty'; other counts sustain 12-month
suspension. Keen v. Police Bd. of Chicago, 391 N.E.2d 190 (Ill.App. 1979).
Miscellaneous minor offenses involving uniform
apparel, reporting and license plates warrants dismissal. Macchi v. Whaley, 586
S.W.2d 70 (App. 1979).
Dismissal appropriate penalty for physical abuse,
drinking on duty on several occasions, and sleeping on duty. Higgins v. City of
Oneonta, 413 N.Y.S.2d 485 (A.D. 1979).
Dismissal of officer who shot unarmed citizen not
an excessive penalty; standard for review by courts set forth. Ramirez v. Civil
Serv. Cmsn., 594 P.2d 1067 (Colo. App. 1979).
Participation in excessive force and failure to
report misconduct of fellow officer justifies termination; acquittal of
criminal charges no defense. Carioscia v. Police Bd. of Chicago, 385 N.E.2d 51
(Ill.App. 1978).
Flourishing revolver while off-duty supported
dismissal. Cooper v. Civil Serv. Cmsn. of Dever, 604 P.2d 1186 (Colo.App.
1979).
Appellate court sustains termination of employee
in possession of marijuana and drugs; public safety cited. Chang v. City of
Palo Verdes Estates, 159 Cal.Rptr. 630 (App. 1979).
Twenty-day suspension upheld against officer who
used chokehold in jaywalker who refused station-house search. City of Pasadena
Police Dept. and Walter Ireland, A.A.A. #72-30-0479-78 (Weiss, 1980).
What's good for the military academies is good
for the fire and police academies; cheating on exams furnishes grounds for
termination. Cardell v. Jackson, 264 S.E.2d 488 (Ga.App. 1980).
Termination appropriate for officer who was twice
absent from his post and caught sleeping on duty. Johnsons v. NYC Transit
Auth., 426 N.Y.S.2d 823 (A.D. 1980).
Guard's discharged for sleeping on duty affirmed
on appeal. Blakenship v. Civil Service Commission, 367 N.E.2d 178 (Ill.App.
1977).
Obscene remark to superiors justified
disciplinary action; Dumez v. Houma Mun. Fire & Police Civil Serv. Bd., 365
So.2d 603 (La. App. 1978).
Police chief, convicted of misconduct, still
entitled to pension for "honorable service" -- moral turpitude not
involved. Makwinski v. State Bd. of Police and Firemen's Pension Fund, 76 N.J.
87, 385 A.2d 1227 (N.J. 1978).
On-duty card game justifies demotion. Gandolfo v.
Dept. of Police, 357 So.2d 568 (La. App. 1978).
Assault and battery on inmate supports dismissal.
Appeal of Tuch, 159 N.J. Super. 219, 387 A.2d 1199 (A.D. 1978).
False sick leave report justifies termination.
Stradley v. City of Omaha, 267 N.W.2d 543 (Neb. 1978).
Termination upheld for repeated instances of
being outside patrol zone and transporting civilians. Darling v. Hastings, 407
N.Y.S.2d 351 (A.D. 1978).
Racial epithet and abuse to fellow officers
warrants lesser discipline than dismissal; prior disciplinary history relevant
for punishment only if introduced into record. Tinner v. Police Bd. of Chicago,
378 N.E.2d 1166 (Ill.App. 1978).
Failing to report illness and missing an
emergency call grounds for disciplinary action; dismissal too severe a penalty.
Feldman v. Town of Irvington, 162 N.J. Super. 177, 392 A.2d 616 (1978).
Dismissal warranted when based on several events,
none of which would justify termination. Mihalopoulos v. Bd. of Fire &
Police Cmsnrs. of East Moline, 376 N.E.2d 1105 (Ill.App. 1978).
Louisiana appellate court upholds dismissal of
officer guilty of brutality, and fellow officer who only watched; lesser
penalty upheld against officer who left patrol zone. Herbert v. Dept. of
Police, 362 So.2d 1190 (La. App. 1978).
Motives of chief irrelevant to punishment
awarded, if offense of sufficient gravity. Braninghan v. Dept. of Police, 362
So.2d 1221 (La. App. 1978).
Simulated Klan activity at penal institution
warrants suspension, not dismissal. In matter of State of New York Dept. of
Corr. Serv. and Fleming, AAA Case #1367-0022-78. (#57 Fire & Police Persnl.
Rptr. p. 8).
Termination too severe where long-time employee
accepted, but did not solicit gratuity. Feldstein v. Appleby, 410 N.Y.S.2d 587
(JA.D. 1978).
Convicted employee not entitled to pension
benefits. Gunning v. Codd, Police Cmsnr. of New York, 411 N.Y.S.2d 280 (A.D.
1978).
Minor theft, coupled with prior history of
misconduct, supported termination. Legros v. Dept. of Public Safety, 364 So.2d
162 (La. App. 1978).
Prior incident, never charged or investigated,
could not be considered in imposing discipline. Schadt v. Sardino, 413 N.Y.S.2d
63 (A.D. 1979).
Discharge not excessive for personal use of city
motor oil. Pachucki v. Walters, 394 N.Y.S.2d 495 (App. 1977).
Five-judge appellate court reinstates police
officer, reduces punishment to six-months suspension. While off duty, he became
intoxicated, gave a deputy sheriff false information, and refused to promptly
report to the chief of police. This was weighed against a 12-year unblemished
job history. Yodice v. Shaw, 58 A.D.2d 730, 395 N.Y.S.2d 869 (1977). {N/R}
Discipline proper, punishment excessive, for
failure to report to duty; disability alleged. Spencer v. O'Hagan, 400 N.Y.S.2d
52 (A.D. 1977).
Power to remove implies power to suspend. In re
Termeer, 369 N.E.2d 819 (Ohio Cm.Pls. 1977).
Demotion not too severe for telephone
discourtesy. City of Carrollton v. Keeling, 560 S.W.2d 488 (Tex. Civ. App.
1977) reh. den. 1978).
Dismissal too severe for off-duty intoxication.
Kirsch v. Rochford, 371 N.E.2d 899 (Ill.App. 1977).
Police dept. could order "extra duty"
without pay as a disciplinary punishment. Ahearn v. DiGrazia, 412 F.Supp. 638
(3-judge ct., 1976); aff'd 429 U.S. 876, 97 S.Ct. 225 (1976). (Statutory appeal
from 3-judge court was summarily aff'd w/o opin.).
Firefighter's termination for sleeping through
roll call based on prior incidents; Michigan supreme court reverses, reinstates
claimant. Konyha v. Mount Clemens Civil Serv. Cmsn., 224 N.W.2d 833 (Mich.
1975).
Arbitrator reversed demotion of fire captain;
derogatory and profane remarks about another held to be a minor violation. City
of Nashua and Firefighters Assn. L-789 IAFF, AAA Case #1139-1407-74 (Stamm,
1975).
Abusive Language: Town of East Haven and East
Haven Fire Fighters L-1205, Case #7475-A-521 (1976).
Response time: Allingtown Fire Dist. (West Haven)
and Allingtown Paid Fire Fighters Assn., #7576-A-17 (Purcell, 1975).
Shirtless Duty: City of Torrington and Uniformed
Fire Fighters Assn. L-1567, Case #7576-A-64 (McCone, 1975).
Pending Criminal Charges: City of Compton Fire
Department and Compton Fire Fighters L-2216, FMCS File #76K00269 (Rule, 1975).
IL appellate court affirms ruling of a
disciplinary board that refused to admit into evidence, a petition, signed by
many community residents, asking that an accused police officer be retained on
the force. The appellate panel concluded that the Board properly refused to
consider anything other than evidence of misconduct. Klein v. Bd. of Fire &
Police Cmsnrs. of Pana, 23 Ill.App.3d 201, 318 N.E.2d 726, 1974 Ill.App. Lexis
1812 (1974). {N/R}
Appellate court upholds termination of a police
officer who failed to conduct a proper felony investigation, gave false and
misleading statements to another officer, failed to complete a report,
submitted an inaccurate report, and possessed another officer's uniform. Marino
v. City of Los Angeles, 110 Cal.Rptr. 45, 34 Cal.App.3d 461 (1973). {N/R}
A conscious omission of medical information from
one's employment application is "untruthfulness" and warrants
termination of a police officer. Puckett v. City of San Francisco, 25 Cal.Rptr.
276 (App. 1962). {N/R}
False information in an official report justified
termination of a police officer. Marino v. City of Los Angeles, 110 Cal.Rptr.
45 (App. 1973). {N/R}
Appellate court upholds termination of a police
officer who gave "evasive" answers to a grand jury. Donnelly v.
Police Dept., 40 A.D.2d 649, 336 N.Y.S.2d 508 (1972). {N/R}
Termination upheld for making a false written
statement. Cruz v. City of San Antonio, 440 S.W.2d 924 (Tex.Civ. App. 1969).
{N/R}
Dismissal sustained for untruthfulness before an
official hearing board. Foran v. Murphy, 342 N.Y.S.2d 4 (A.D. 1973). {N/R}
Connecticut supreme court sustains disciplinary
action against police officers that misrepresented their residency. Wilbur v.
Walsh, 147 Conn. 317, 160 A.2d 755 (1960). {N/R}
Termination upheld for filing an untruthful
affidavit. Waseman v. Roman, 168 S.E.2d 548 (W.Va. 1969). {N/R}
See also: Alcohol Abuse;
Attorneys" Fees; Disciplinary
Appeals; Disciplinary Hearings; Disciplinary Offenses; Drug Abuse;
Drug Screening;