Internal Complaints About Quota System Not Constitutionally Protected

Derek Cid was a police officer for Riley County, Kansas. Cid’s sergeant sent an email to the officers he supervised providing each officer’s arrest statistics. The sergeant’s email recognized that self-initiated stops and activity had increased, but he also warned officers that they had missed their DUI “goal” of 105 for two quarters in a […]

Court Orders New Orleans To Promote Firefighters Passed Over For Promotion

In 2014, the New Orleans Civil Service Commission voted to adopt a package of rule amendments submitted by the City under its Great Place to Work Initiative. One of the goals of the initiative was to “eliminate the falsely objective rankings based on exams” and “allow managers to interview all the Civil Service Department certified […]

Chief Ordered To Sign POST Waiver

Lieutenant Mark Wheeler has worked for the Shreveport Police Department for over 25 years. In September of 2015, Wheeler had to have surgery on his feet, requiring him to take sick leave. He expected to be back to work in six weeks, but complications from the surgery occurred. He was out on leave until March […]

Political Patronage For Deputies Not Legal In Missouri

It may seem strange to those in states with collective bargaining, but political patronage systems for deputy sheriffs still exist in parts of the country. In a patronage system, deputy sheriffs can be hired or fired on the basis of political loyalty to the sheriff. Most patronage systems are in agencies located in the South […]

Omissions May Amount to Untruthfulness

Patrick Stacks was a deputy sheriff with the Burnet County Sheriff’s Office in Texas. On June 21, 2013, Stacks wrote an affidavit and a report about a search of a motorist that produced methamphetamine. Both the affidavit and the report omitted any reference to a confidential informant who was present. After the motorist was arrested, […]

Officers’ Convictions Do Not Result In Pension Forfeiture

A Massachusetts statute calls for forfeiture of an officer’s pension “after final conviction of a criminal offense involving violation of the laws applicable to his office or position.” Two such cases were recently put before the state’s highest court. John Swallow was a police sergeant for the Massachusetts town of Manchester-by-the-Sea. Following a string of […]

Firefighter Wage Award Upheld On Appeal

The City of Plattsburgh, New York and Local 2421 of the IAFF have been in long, delayed, and contentious negotiations for years. In 2016, the parties participated in an interest arbitration hearing that resulted in an arbitration award covering the 2012–2013 contract period. The arbitration panel issued an opinion and award – with one member […]

Expectation To Complete Normal Job Tasks Cannot Be Retaliation

Houston firefighter Terrance Bailey, who is African-American, worked at Fire Station 21 for ten years. In February 2009, Bailey met with Captain Joe Schwaigger, Captain Shelley Squires, and District Chief Kenneth Currie to express his unhappiness about working at Station 21. He threatened to file a complaint with the Equal Employment Opportunity Commission if Currie […]

Age Discrimination Law Does Not Protect Those Under 40

Beginning in 2001, David Servin began his efforts to become a Chicago police officer by taking and passing the City’s written examination. The Department put his name on the eligibility list for a position as a probationary police officer. Under the City’s system, the eligibility list contains the names of all the individuals who have […]

Past Practice Must Be Consistent

A recent decision from an administrative law judge for New York’s Public Employment Relations Board illustrates one of the central tenets of labor law: to be binding, a practice that has occurred in the past must be consistent. The case involved the Blooming Grove Police Benevolent Association (PBA), which filed an unfair labor practice complaint […]

What Does ‘Substantial’ Evidence Mean?

Public safety employees around the country appeal discipline in a variety of ways. In the 32 states with statewide collective bargaining laws, the primary appeal route for discipline is through arbitration, though in some jurisdictions, appeals are through a civil service board or police/fire commission. In the 18 states without statewide bargaining, public safety employees […]