Officer’s Conduct, Not Race, Produced Discipline

Dana Harge is a patrol officer for the New York City Police Department. Harge sued his supervisors and NYPD, claiming his supervisors fabricated disciplinary actions against him, subjected him to heightened monitoring and scrutiny, issued him inappropriate “Command Discipline (CD),” and halted his promotional and career advancement because he is black. The federal Second Circuit…

Q & A

From Rhode Island:Question: Are there any good resources (policies or cases) dealing withthe issue of legalized recreational marijuana and police in terms of any departmentsthat have proposed restrictions and any bargaining that has takenplace that would impact off-duty use? Answer: It’s still early yet, and no nationally reported cases so far. Thebig development has been…

Failure To Discipline Officer Belies Employer’s Claim Of ‘Immediate Threat To Public’

When the Town of Kingston, Massachusetts lost an arbitration decision and was ordered to reinstate a member of the Kingston Police Superior Officers Union, the Town challenged the decision in the Massa­chusetts Court of Appeals. In a brief, three-page decision, the Court rejected the Town’s arguments. The Court began by accepting the Town’s basic argument…

Due Process And Changing Disciplinary Charges

Steven Rodgers is a correctional sergeant with the Department of Cor­rections and Rehabilitation in Califor­nia. In 2018, the Department notified Rodgers that it was sustaining disci­plinary charges against him and would be reducing his salary by 10% for two years. The Department alleged that while supervising a contraband surveillance watch shift, Rodgers refused to perform…

Pre-Disciplinary Hearing Must Precede, Not Follow, Sustaining Of Complaint

Delandro Washington is a police officer in Shreveport, Louisiana. The Department received a complaint from an individual concerning Washington. Washington and other witnesses were interviewed, and an internal affairs inves­tigator prepared a report with his findings, which did not conclude that the complaints against Washington should be sustained. The IA report was sent to the…

New Disciplinary Matrix And Procedures Are Negotiable

For many years, FOP Lodge 12 has represented officers working for the Newark, New Jersey Police Department. The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Department. When the City unilaterally implemented a disciplinary matrix, the FOP and the SOA filed unfair labor practice complaints with New Jersey’s Public Employment Relations Commission. PERC…

City Improperly Ordered Lieutenant To Lower Sergeant’s Evaluation

Lieutenant Elizabeth Ibarra works for the Milwaukee Police Department. She currently serves as the Municipal Lock-Up Facility Administrator for Central Booking and supervises about nine sergeants who supervise about 50 officers. She supervised Sergeant Salvador Hernandez, and in September 2019 prepared his annual evaluation. She then gave him almost all 5’s, which was the highest…

Union Entitled To Materials In Member’s Disciplinary File

Corrections officers working for the State of New York Department of Corrections are represented by the New York State Correctional Officers and Police Benevolent Association. The Department began a disciplinary investigation into Sergeant Erik Rakoff, who worked at Sullivan Correctional Facility. The investigation centered around an incident where an inmate was injured during an escort…

Sleeping Dispatcher Allowed Trial On Retaliation Claims

Denise Watkins, who is African-American, was a shift supervisor for the St. John the Baptist Parish Sheriff’s Office in Louisiana. She reported to Lieutenant Marshall Carmouche, who reported to Sheriff Michael Tregre. On January 30, 2018 Carmouche commended Watkins and three other dispatchers for superb work. He recognized Watkins’s performance in an email to Sheriff…

Reinstatement Ordered For Fire Association President

Cliff Snider is a firefighter with the city of Pasadena, California. In 2009, and then again from 2011 forward, Snider was the president of the Pasadena Firefighters’ Association. In October 2014, Snider injured his back while trying to lift a patient during an emergency call. Although Snider initially felt well enough to remain on duty,…

Mass. Civil Service Has No Authority To Review Leave Forfeiture

Denise Doherty has been employed by the Massachusetts State Police Department for over 20 years. From 2007 to 2012, Doherty was assigned to the Department’s certification unit, which is responsible for providing licensing services for private security, or watch guard, companies. In October 2011, Doherty began an administrative inspection of a watch guard company referred…

Suspensions, Not Demotion, Appropriate Punishment For Harassing Conduct

Jimmie Turner was a lieutenant with the New Orleans Police Department. In an October 17, 2018 disciplinary letter, the Department suspended and then demoted Turner to a police sergeant classification after finding that he violated Policy 328 entitled “Workplace Discriminatory Harassment/Retaliation.” The discipline arose from a complaint lodged by Sergeant Peter Hansche. At the time…

Non-Disciplinary Questioning Does Not Violate Bill Of Rights

Errol Cruz worked as a senior trooper for the Maryland State Police. In February 2018, his supervisor, Ser­geant Torres, noticed that “he could not verify Cruz’s location” using a GPS device installed in Cruz’s patrol car and discovered that he was not able to log into the GPS device through­out Cruz’s shifts. Such GPS devices…

Discipline Settlement Agreement Not A Public Record

A New Jersey group calling itself Libertarians for Transparent Government obtained minutes of the March 12, 2018 Cumberland County Board Meeting of the Police and Fireman’s Retirement System (PFRS), reflecting the Board’s consideration of an application for special retirement by Tyrone Ellis, a corrections officer employed by the County at its correctional facility. The minutes…

Employer Cannot Alter Finalized Discipline Given Firefighters

Justin Chaplin, James Michels, and Frank Schonig are firefighters with the California Department of Forestry and Fire Protection. In April 2014, they and four other candidates applied to be interviewed for three fire captain positions that had become available. Before the interviews, a battalion chief surreptitiously texted information to Chaplin, Michels and Schonig about the…

Sergeants Not Severed From Rank-And-File Union

The Middlesex Sheriff’s Sergeants Association, FOP Lodge 59, filed a petition with New Jersey’s Public Employment Relations Commission to sever sergeants from the bargaining unit represented by Middlesex County Sheriff’s Superior Officers Association, PBA Local 165A. Since at least 1977, the PBA’s bargaining unit has included sergeants, lieutenants, and captains. When the PBA intervened in…

Sexting With Minors And Stealing Firearms Result In Pension Forfeiture

Eric Reamy was a sergeant with the Glen Rock Police Department in New Jersey. From 2011 to 2015, Reamy wrongfully and without authorization sold four rifles and three handguns that he improperly removed from the Department’s evidence locker. In 2015, Reamy was the juvenile officer for the Department. He began sexting on his work cellphone…