No Right To Access To Background Investigation

Richard Lee applied to be a police officer with the Missoula, Montana Police Department. After conducting a background investigation, the Department refused to hire Lee “based on confidential information discovered during the background investigation.” Lee requested information about the results of the Department’s background investigation, but the Department refused to provide any information. Lee then […]

USERRA Requires Equal Treatment, Not Preferential Treatment

Ryan Crews is a police officer for the City of Mount Vernon, Illinois. Crews is also a member of the Illinois Army National Guard. For some time, the City had a practice of allowing Crews and other employees who were part of the Guard to work their scheduled days off in lieu of their regularly […]

Firefighter Waits Too Long To Challenge Appointment Of Fire Chief

Kida Newell is a firefighter with the City of Jackson, Ohio. In June 2004, the fire chief’s job became vacant. Newell and Douglas Reed were two of the five people who took the examination for the job. The Civil Service Commission determined that Reed was the only applicant who received a passing score on the […]

Police Chief Loses Lawsuit Challenging Creation Of Police Commissioner Position

James Overton is the Police Chief of the Town of Southampton, New York. In 2006, the Town passed an ordinance creating a new position of Police Commissioner. Under the ordinance, Overton would report to the Police Commissioner. Overton sued the Town, contending that the creation of a Police Commissioner position would undermine his authority under […]

Arbitrator Allows 13-Year-Old Claim On Retiree Health Care To Be Arbitrated

Police officers working for the City of Wilkes-Barre, Pennsylvania are represented by the Wilkes-Barre Police Benevolent Association. When the parties were unable to reach an agreement on the terms of the contract between January 1, 1994 to December 31, 1994, an arbitrator issued a decision covering a variety of working conditions. Thirteen years later, the […]

Detective Wins $150,000 In Race Discrimination Claim

Martin Hall, an African-American, is a detective with the Clarksville, Tennessee Police Department. During his career, Hall has been subject to a variety of racially-oriented conduct. The conduct included other officers showing him an extremely offensive cartoon that represented African-Americans as embodying racist stereotypes, a statement by his lieutenant that he did not want Hall […]

Five Years Too Long For Retaliation

Patrick Giglio was a police officer for the State of Connecticut’s Department of Mental Health and Addiction Services. In 2000, Giglio brought a successful lawsuit against Edward Connole, a former employee of the Department. In 2005, Giglio was involved in an incident where he used pepper spray on a mentally ill subject. The Department eventually […]

City Of Milwaukee Stares Down Court, Loses

Philip Sliwinski was a Milwaukee, Wisconsin police detective until he was fired in November 2002. As was his right, Sliwinski appealed his discharge to the Board of Fire and Police Commissioners of the City of Milwaukee. The Board held an evidentiary trial on Sliwinski’s appeal and upheld the discharge. The Wisconsin Court of Appeals reversed […]

Reprimand For Having An Affair Does Not Amount To Due Process Violation

Sharon Johnson worked as a police officer for the City of LaVerkin, Utah. In March 2003, she separated from her husband and initiated divorce proceedings. Mr. Johnson reacted by threatening to kill himself and to kill Ms. Johnson, and violated the terms of the protective order she had obtained. While her divorce proceedings were pending, […]

Temporary Firefighter Issue Appropriate For Arbitrator’s Decision

Local 3188 of the International Association of Fire Fighters represents rank-and-file firefighters working for the Town of Lakeville, Massachusetts. Local 3188 referred to arbitration a grievance challenging the Town’s method of posting and filling a temporary firefighter position. Before the Arbitrator, the Town took the position that the Fire Chief had authority to hire temporary […]

Disability Benefits Based On ‘Pension Status,’ Not Age

Kentucky’s public safety retirement system allows police officers, firefighters, and other “hazardous position” employees to retire and receive “normal retirement” benefits after either (1) 20 years of service, or (2) five years of service and attaining the age of 55. The retirement system also allows those that become seriously disabled but have not otherwise become […]

Officer’s Surviving Spouse Not Entitled To Cost-Of-Living Increases

An Illinois statute provides that “upon the death of a police officer entitled to a pension, the surviving spouse shall be entitled to the pension to which the police officer was then entitled.” Bonnie Gurke is the surviving spouse of Charles Gurke, a police officer with the Village of Roselle, Illinois. When Roselle’s pension board […]

Officer Loses Retaliation Complaint Against Police Association

Teresa Cooper is a former police officer with the Dallas, Texas Police Department. When Cooper worked for the Department, she was a member of the Dallas Police Association, an organization that represents officers in various aspects of their employment. One of the benefits of membership in the Association is legal assistance in administrative and criminal […]

Duty Of Fair Representation Not Owed To Retirees

Multnomah County Deputy Sheriffs’ Association represents deputy sheriffs and sergeants working for the Multnomah County, Oregon Sheriff’s Department. Bargaining between the Association and the County for wages for the period between July 1, 2005 and June 30, 2007 were protracted, with the bargaining not concluding until August 9, 2007. In the bargaining, the Association attempted […]

Police Sergeant Has Privacy Interest In Text Messages

In 2001, Arch Wireless began providing wireless text-messaging services for the City of Ontario, California. The City received 20 two-way alphanumeric pagers, which it distributed to its employees, including Sergeants Jeff Quon and Steve Trujillo of the Ontario Police Department. The City had no official policy directed to text messaging by use of the pagers. […]