AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Disciplinary Offenses - Conduct
Unbecoming
Appellate court
reinstates the termination of an off-duty detention officer that assaulted
his wife. Opp v. City of Huntington Beach, #G025947, 2003 Cal. App. Unpub.
Lexis 920 (4th Dist. 2003). [2003 FP Jul]
Employer must have
an anti-fraternization policy to punish an off-duty relationship. Without
a privacy policy, the employer also could not discipline the grievant for
reading a superior's e-mails, or for opening sexually explicit e-mails
from a coworker where the sending party was not disciplined. Monterey County
and Individual Grievant, CSMCS No. ARB-01-0050, 117 LA (BNA) 897 (Levy,
2002). [2003 FP Feb]
South Dakota high court upholds the
termination off an off-duty officer who verbally abused gays and created
a disturbance. Green v. City of Sioux Falls, #20982, 2000 SD 33, 607 N.W.2d
43, 2000 S.D. Lexis 30. [2000 FP 148-9]
Writing two hot checks and failing to make
them good justified the termination of a state police officer. Ark. St.
Police Cmsn. v. Smith, #98-1096, 338 Ark. 354, 994 S.W.2d 456, 1999 Ark.
Lexis 381, 16 IER Cases(BNA) 317. [1999 FP 147-8]
Appellate court upholds the dismissal of
a NYPD officer for horseplay with his firearm, wounding a fellow officer.
Villarini v. Safir, 669 N.Y.S.2d 21 (A.D. 1998). [1999 FP 7]
Supreme court declines to hear appeal of
police officer who was denied a promotion because of a sexual affair with
the spouse of a fellow police officer. Henry v. City of Sherman, Tex.,
117 S.Ct. 1098 (1997). Texas supreme court had ruled the officer was not
entitled to judicial relief. See 928 S.W.2d 464 (Tex. 1996). {N/R}
Appeals court upholds disciplinary suspension
off an off-duty police captain who used profanity and got in a fight with
teenagers. Eilers v. Civ. Serv. Cmsn., 544 N.W.2d 463 (Iowa App. 1995).
[1996 FP 165]
Appeals ct. upholds discipline of p/officer
for showing disrespect to a superior. DeVito v. Culross, 633 N.Y.S.2d 76
(A.D. 1995). [1996 FP 70-1]
Federal appeals court affirms termination
of postal employee who took nude photos of a prostitute in a federal postal
facility, then sold them to an adult magazine. Uske v. U.S. Postal Service,
56 F.3d 1375 (Fed.Cir. 1995). [1996 FP 54]
Appeals ct. upholds constitutionality of
a statute prohibiting ticket-fixing. Bustamante v. De Baca, 895 P.2d 261
(N.M.App. 1995). [1996 FP 21]
Arbitrator sets aside suspension given a
trooper who became overindebted and filed bankruptcy. Ohio Hwy. Patrol
and F.O.P., 105 LA (BNA) 110 (Feldman, 1995). [1996 FP 3]
Colorado supreme court sustains termination
of a city employee who was convicted of incest. Unnecessary to show a nexus
to his job. Colo. Springs v. Givans, 987 P.2d 753, 10 IER Cases (BNA) 1168
(Colo. 1995). [1995 FP 164]
Federal appeals panel upholds termination
of a union president for misuse of union funds. Beck v. Dept. of Justice,
67 M.S.P.R. 219, 1995 MSPB Lexis 648. [1995 FP 165]
Pennsylvania supreme court limits the scope
of courts that review arbitration awards, based on a state statute. Interpretation
makes it difficult for fire and police chiefs to bring unbecoming conduct
charges. Trooper who exposed his penis to other officers as part of a fraternal
banter was not guilty of "unbecoming conduct." Pa. St. Police
v. Pa. St. Troopers (Betancourt), 656 A.2d 83, 540 Pa. 66, 1995 Pa. Lexis
199, 149 LRRM (BNA) 2877 (Pa.1995). [1995 FP 115-6]
Federal Court upholds 30 day suspension of
police officer for conduct unbecoming. Off-duty officer made rude remarks
to bank employees. Conduct unbecoming charge was not unconstitutionally
vague. Harper v. Crockett, 868 F.Supp. 1557 (E.D.Ark. 1994). {N/R}
Federal court upholds the discipline of a
police officer for an act of adultery; all constitutional challenges rejected.
Oliverson v. West Valley City, 875 F.Supp. 1465 (D.Utah 1995). [1995 FP
166]
Federal appeals court concludes that DoJ
employee did not intentionally supply false information on her "Sensitive
Positions" questionnaire. Jacobs v. Dept. of Justice, 35 F.3d 1543
(Fed.Cir. 1994). {N/R}
Hearing officers affirm decision to terminate
prison psychiatrist following four suicides in a 11 month period. Silversmith
v. Dept. Corr., #WB-94-008, 33 (1605) G.E.R.R. (BNA) 342 (Fla.PERB 1995).
{N/R}
Officer can be disciplined for wearing a
firearm in the booking area, even if it was unloaded. Later fact relates
to mitigation of the penalty, and does not excuse violation of a department
rule against bringing weapons into the prisoner processing area. Dicaprio
v. Trzaskos, 610 N.Y.S.2d 395 (A.D. 1994). {N/R}
Mixed motives: Just cause existed to discharge
an employee who falsified his employment application, even though the misconduct
was discovered after he was investigated for distributing socialist literature.
Cone Mills v. AC&TWU, 103 LA (BNA) 745 (Byars 1994). {N/R}
State high court upholds disciplinary action
against an off duty firefighter who was caught shoplifting. Fact store
failed to prosecute him is irrelevant. City of Las Vegas v. IAFF L-1285,
824 P.2d 285, 108 Nev. 64, 1992 Nev. Lexis 20. {N/R}
New Mexico appellate court holds that a city
must show a police officer's off duty domestic dispute with wife affected
his employment before disciplinary action is appropriate. Wording of the
conduct unbecoming rule required department to prove the conduct actually
impaired departmental efficiency or caused disrepute. Walck v. City of
Albuquerque, 828 P.2d 966 (N.M. App. 1992). [1993 FP 20-1]
Louisiana appellate court upholds termination
of off-duty officer for alcohol-related domestic violence. Dronet v. Dept.
of Police, 613 So.2d 735 (La.App. 1993). [1993 FP 150]
N.Y. appellate court sustains the termination
of a police officer who consorted with prostitutes, even though there was
no payment of monies for sexual services. Ruiz v. Brown, 579 N.Y.S.2d 47
(1992). {N/R}
Alabama appellate court sustains termination
of officer for off-duty "kinky sex," sexually deviant acts with
prostitutes, child abuse and gun play. Freeman v. City of Mobile, 590 So.2d
331 (Ala.Civ.App. 1991). [1993 FP 5-6]
Appellate court overturns termination of
asst. chief of police for conduct unbecoming by associating with a known
addict. Asst. chief claimed he was cultivating an informant and the dept.
lacked guidelines or directives for this purpose. Flosi v. Bd. of Fire
& Police Cmsnrs. of Rock Falls, 582 N.E.2d 185 (Ill.App. 1991). [1992
FP 20-21]
"Conduct unbecoming" must be an
actual rule before an employee can be disciplined; "insubordination"
is something more than expressing strong disagreement with a superior's
decision. Fuqua v. City Council of Ozark, 567 So.2d 354 (Ala. Civ. App.
1990).
Deputy could be disciplined for asking a
fellow officer to drop DUI charges against a motorist as "a personal
favor" to him. It was unnecessary to have a specific rule prohibiting
such requests, since the department had a policy of not reducing or dropping
DUI charges without approval of the prosecutor. Magnum v. Lambert, 394
S.E.2d 879 (W.Va. 1990).
Failure to render first aid to a man who
resisted, warranted termination of arresting officers. State ex rel. Kalt
v. Board of Fire & Police Cmsnrs., 527 N.W.2d 408 (Wis. App. 1988).
Federal appeals court rejects suit by former
police couple who were suspended after surveillance for cohabitation. Shago
v. Spradlin, 701 F.2d 470 (5th Cir. 1983), cert. den. sub nom Whisenhut
v. Spradlin, 104 S.Ct. 404 (1983).
Federal court sustains the termination of
a police officer for an act of adultery in a public park while off-duty.
There could be no tolerance for activities which could jeopardize the department's
effectiveness, even though the conduct was not illegal. Faust v. Police
Civ. Serv. Cmsn., 563 F.Supp. 585 (W.D. Mich. 1983). {N/R}
Military appeals court upholds conduct unbecoming
charge against lieutenant who had sexual relations with a trainee. United
States v. Adames, 21 M.J. 465 (C.M.A. 1986).
Lower court decision finding conduct unbecoming
as vague is reversed; constitutionally upheld. City of St. Petersburg v.
Pinellas Co. Police Benev. Assn., 414 So.2d 293 (Fla. App. 1982).
Appellate court sustains the termination
of an off-duty police officer found in "drag" -- wearing the
attire of the other gender. Etscheid v. Police Bd. of Chicago, #49,074
(1st Dist.), 47 Ill.App.2d 124, 197 N.E.2d 484, 1964 Ill. App. Lexis 650
(1964). {N/R}
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