Miami Officer’s Conviction Results In Pension Forfeiture

William Hames worked as a City of Miami Police Officer from 1973 until his retirement in 1998. On the evening of November 7, 1995, Hames was on duty in downtown Miami. After witnessing a robbery, Hames and his team began to chase the four fleeing suspects. Hames shot and killed one of the suspects, another […]

Under City Code, Disabled Officer Has No Vested Property Right To Retirement Benefits

Deborah Tripp was a sworn police officer who began working for the Winston-Salem, North Carolina Police Department on February 6, 1989. Ten years later, she injured her back while away from work. The injury caused her persistent debilitating pain, and eventually resulted in her having surgery. Tripp continued on light-duty assignments after her surgery until […]

FOP Not Entitled To Dues Deduction Where Not Certified As Bargaining Representative

The exclusive collective bargaining representative for officers employed by the Laredo, Texas Police Department is the Laredo Police Officers’ Association. The Association was the winner of a properly-held collective bargaining representative election, and counts as its members 81 percent of the 418 officers employed by the Department. A clause in the Association’s collective bargaining agreement […]

California Arbitrators Not Limited By ‘Abuse Of Discretion’ Standard In Disciplinary Cases

A clause in the Memorandum of Understanding (California’s equivalent of a collective bargaining agreement) between the City of Oroville and the Oroville Police Officers Association allows officers to challenge discipline through a grievance procedure if the discipline is not for “cause.” After the City decided to terminate the employment of Officer Jerry Roberson, the Association […]

No Reasonable Suspicion For Officer’s Drug Test

John Richard was employed as a police officer with the City of Lafayette, Louisiana. He also worked security for Club 410, a bar located in downtown Lafayette. Also employed at Club 410 were Jason Galatas, another Lafayette officer, and Jason Segal. Segal told Galatas that his roommate had a large amount of marijuana in the […]

Court Refuses To Apply Exclusionary Rule In Disciplinary Case

Ronald Slough was employed as a deputy sheriff by Lucas County, Ohio Sheriff’s Department. In July 2004, Slough was subject to an internal investigation concerning possible domestic problems. On July 15, 2004, the Department removed Slough’s weapons and ordnance from his home for “safekeeping.” Several months later, the weapons were test fired, and Slough was […]

Merit Board Has Authority To Overturn Chief’s Discharge Decision

On May 2, 2004, Officer Michael Thompson of the Louisville Metro Police Department smoked marijuana. Four days later, Thompson received a notice from the Department ordering him to submit to a random drug screen. Upon receiving this notice, Thompson panicked. He went to the headquarters of the Department’s Professional Standards Unit seeking advice. When speaking […]

Officer Not Similarly Situated To Partner For Race Discrimination Purposes

Martice Berry, an African-American male, began working as a police officer for the City of Pontiac, Michigan Police Department in 2002. In 2004, Juanita Carattini and Antawian Ball each filed citizen complaints against Berry alleging he was using his authority as a police officer to harass them both on and off duty. Ball was the […]

Order To Re-Promote Corrections Lieutenant Within Arbitrator’s Authority

Derek Austin was a lieutenant with the State of Connecticut Department of Corrections. Following Austin’s altercation with an inmate in 2002, the Department demoted him to corrections officer. Austin’s labor organization, Local 2001 of the Service Employees International Union, challenged the demotion in arbitration. For reasons that are unclear, the grievance took four-and-a-half years to […]

Police Chief Cannot Be Sued For False Testimony In Arbitration Hearing

Dennis Rolon was a police officer in the Town of Wallkill, New York. Rolon was the target of nine disciplinary charges involving 15 specifications arising from a series of events between May 10 and July 24, 2000. Rolon filed suit alleging that the Police Chief, Robert Henneman, had violated his constitutional right to due process. […]

Failure To Exhaust Grievance Procedure Bars Due Process Claims From Fire Chiefs

Robert Turinski and Thomas Kosciolek were assistant fire chiefs with the Wilkes-Barre, Pennsylvania Fire Department. When a new mayor appointed a new Fire Chief, Turinski and Kosciolek were told that they would not be retained as assistant fire chiefs and that they could either retire or be demoted. Both Turinski and Kosciolek elected to retire. […]

Retirement Lawsuit Is Eleven Years Too Late

California’s Public Employment Retirement System (PERS) bases retirement benefits in part on an employee’s “compensation” or “compensation earnable.” PERS is then funded by the employer and/or employee contributions calculated on the percentage of the employee’s “compensation” or “compensation earnable.” In 1975, through the collective bargaining process, the City of Culver City, California agreed to pay […]

California Supreme Court Holds ‘Notice Of Proposed Disciplinary Action’ Does Not Mean ‘Notice Of Proposed Punishment’

A section of California’s Peace Officer Bill of Rights specifies that “no punitive action” may be imposed upon any public safety officer for alleged misconduct unless the public agency investigating the allegations “completes its investigation and notifies the officer of its proposed disciplinary action” within one year. Sergeant John Mays works for the Los Angeles […]