Interview With Christina Carroll

Will interviews attorney Christina Carroll of the law firm Robein, Urann, Spencer, Picard & Cangemi, APLC who represented the New Orleans Firefighters is a suit involving the department’s move to allow the Fire Superintendent to promote anyone on a promotional exam list instead of being required to chose from the highest scores. Favorite 0

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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 row. Sergeant Bortnick told officers that they needed to “buckle down” to meet the…

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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 eligible candidates and hire the best qualified one.” On April 20, 2016, Civil Service…

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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 30, 2016. Just before his leave ended in March, he was medically cleared to…

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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 or in non-unionized Midwest states. The case of Missouri deputy sheriff Gary Klossing illustrates…

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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, the informant called an officer with whom he usually worked to relate that he…

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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 personal tragedies in 2011 and 2012, Swallow began drinking heavily and struggled with significant…

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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 dissenting – that granted the firefighters a 2% wage increase for 2012 and 2013,…

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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 did not transfer him to Station 47 as a permanent fill-in. Currie told Bailey…

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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 passed the written examination. The names on the list are randomly ranked, and, once…

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