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Category: Discipline

Promise Of No Discipline? No Weingarten Rights

April 2, 2020
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| Categories: Discipline, Public Safety Labor News, Weingarten

The Fraternal Order of Transit Police (FOTP) and the Southeastern Pennsylvania Transit Authority (SEPTA) are parties to a collective bargaining agreement. Mark Byrne had been a police officer at SEPTA for approximately two-and-a-half years when in December 2017, Byrne responded to a radio call concerning a man on a train station platform with four other SEPTA police officers. Byrne later described some sort of altercation, during which the officers…

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Arbitration Panel Rules In Favor Of Pre-Statement Review Of Video

January 27, 2020
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| Categories: Discipline, Employer Video Systems, Privacy Rights, Public Safety Labor News

The City of Newton, Massachusetts and the Newton Police Superior Officers Association Coalition of Police, Local 401 are parties to a collective bargaining agreement effective July 1, 2011 to June 30, 2014. In May 2014, the Parties began bargaining for a successor agreement but were unable to reach a settlement. Eventually the matter ended up before an interest arbitrator. A key issue in the arbitration dealt with video systems….

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Who Is ‘Similarly Situated’ For Disciplinary Purposes?

January 27, 2020
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| Categories: Discipline, Public Safety Labor News, Racial Discrimination

Morris Johnson was a trooper with the Ohio Department of Public Safety. Johnson pulled over a woman for a DUI, arrested her, and asked her out. A month later, he saw the same woman on the road and pulled her over without probable cause so he could talk to her. He asked her out again, told her he liked her, and asked her to go to the casino with…

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Reporting To Work On Time Essential To Firefighter’s Job

January 27, 2020
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| Categories: Americans With Disabilities Act, Discipline, Public Safety Labor News, Reasonable Accommodation, Termination

Darrell Hartwell worked as a firefighter/EMT for Naval Support Activity (NSA) Panama City for more than 16 years, until he was fired by Chief James Elston. For his entire career at the Department, Hartwell had trouble getting to work on time. The firefighters at NSA Panama City worked alternating 24-hour shifts starting at 7:00 AM. According to Chief Elston, Hartwell was late “almost every shift.” Until 2011, however, Hartwell…

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Favored Treatment To Fellow Officer Violates Ethics Statute

November 25, 2019
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| Categories: Discipline, Public Safety Labor News

Edward McGovern is an Agawam, Massachusetts police lieutenant. On the evening of June 29, 2012, at about 9:15 p.m., the neighboring West Springfield Police Department received an anonymous 911 call reporting a wrong-way driver on Route 5 North. Three responding officers found Agawam Police Officer Danielle Petrangelo sitting on the guardrail next to the passenger side of an SUV, crying. The responding officers noticed damage on the passenger side…

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Officer’s Discipline For Text Message Upheld

August 19, 2019
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| Categories: Discipline, First Amendment, Public Safety Labor News

On April 27, 2017, Cleveland Police Officer Sean Gorman received a call to go to a Cleveland strip club. He texted Officer Aaron Petitt to ask for help. The following exchange of messages ensued: “Gorman: Stop down to hustler apparently there are some middle eastern types giving people a hard time we are in route.Petitt: Packing up. Be there soon.Gorman: Take your time.Gorman: Sorry for bothering you SirPetitt: Never…

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Discipline Outside Of Statutory Time Frames Is ‘An Absolute Nullity’

July 24, 2019
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| Categories: Disciplinary Records, Discipline, Public Safety Labor News, State and Local Statutes

Kevin Pozzo was a police officer with the New Orleans Police Department. On December 11, 2015, Pozzo and his then-fiancé, Melanie Wilson, who shared a residence, were drinking alcoholic beverages at home, and continued to drink afterward at an acquaintance’s party. Pozzo became upset when he observed Wilson talking with other men. After Pozzo confronted one of the men, Pozzo and Wilson were asked to leave the party. They…

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Failure To Follow Through On Alcohol Treatment Legitimate Basis For Discipline

June 27, 2019
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| Categories: Americans With Disabilities Act, Discipline, Family And Medical Leave Act, Public Safety Labor News

While working as an Omaha Police Department (OPD) officer, Jason Christensen sought leave under the Family and Medical Leave Act (FMLA) to get treatment for his alcoholism. He was granted FMLA leave in April 2015, until he exhausted his leave on or about July 18, 2015. Christensen sought voluntary inpatient alcohol treatment at Valley Hope of Omaha, an addiction treatment center, from April 26, 2015, through May 17, 2015….

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Permanent Inability To Return To Work Is Fatal

May 29, 2019
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| Categories: Discipline, Post Traumatic Stress Disorder, Public Safety Labor News, Termination

Isaiah Cardinale was an officer with the police department in Nutley Township, New Jersey. In December 2013, Cardinale submitted to a random drug test. Two days later, Cardinale admitted to using cocaine. The Department immediately suspended him pending the results of the test, and Cardinale successfully completed drug and alcohol treatment in Florida. In February 2014, the toxicology report demonstrated that he had tested positive for cocaine. The Department…

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Discharge Not Excessive For Off-Duty, Alcohol-Influenced Shots Fired At Another Deputy

May 29, 2019
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| Categories: Discipline, Off-Duty Conduct, Public Safety Labor News, Termination

Judith Diaz was a deputy sheriff with the Los Angeles County Sheriff’s Department. On October 13, 2011, Diaz went out for drinks with a friend and fellow deputy, Stephanie Hile. The two were joined by a third deputy, Adrienne Myers. The three had drinks at two different locations until closing time. All three left in Hile’s car. According to Diaz, Myers was driving. Myers said that Hile was driving;…

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Court Upholds Arbitrator’s Opinion Reinstating Officer Who Installed Hidden Cameras

April 22, 2019
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| Categories: Discipline, Public Safety Labor News

Officer Daniel Wagner works for the Aurora, Illinois Police Department. Wagner and his wife Lisa were divorced in July 2016. Wagner and Lisa have two children: a six-year-old daughter and a two-year-old son. During the divorce proceedings, Wagner lived in the marital home in Sugar Grove. Afterward, Lisa retained the property and Wagner moved out. However, Lisa permitted Wagner to have access to the home, to help with maintenance,…

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Anti-Union Animus, Not Profanity, True Basis For Firing

April 22, 2019
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| Categories: Anti-Union Bias, Discipline, Public Safety Labor News, Termination

Teamsters Local 261 represents the corrections officers working for Lawrence County, Pennsylvania. Before being represented by Local 261, the bargaining unit was represented by the Laborers Union, which disclaimed interest in the bargaining unit on January 19, 2017, following expiration of the collective bargaining agreement on December 31, 2016. Corrections officer Kevin Boston was instrumental in the bargaining unit affiliating with Local 261 and served on Local 261’s bargaining…

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Officer Cannot Go Directly To Court, Must Exhaust Internal Appeals

January 10, 2019
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| Categories: Discipline, Public Safety Labor News

In January 18, 2012, a fellow police officer informed the Bridgeton Police Department in New Jersey that Officer Robert Smith would be arriving at the police station to sell him anabolic steroids. When Smith arrived, the Department arrested him and charged him with several indictable crimes involving the possession and distribution of a controlled dangerous substance. When the City notified Smith that it intended to terminate him, Smith and…

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Hearsay Alone Cannot Justify Disciplinary Decision

May 15, 2018
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| Categories: Discipline, Public Safety Labor News

Corey Corbo is a Union City, New Jersey police officer. An incident that resulted in Corbo’s termination began when police and emergency medical personnel responded to a residence in nearby Monroe Township. Monroe police officer Jamey DiGrazio later testified that medical personnel, who were upstairs in the residence performing CPR on an unconscious and intubated Corbo, told him that Corbo likely overdosed. DiGrazio went downstairs and engaged Corbo’s then-girlfriend,…

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Fire Captain Loses Beach Volleyball Case

April 6, 2018
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| Categories: Discipline, Discrimination, Public Safety Labor News

Andre DeCohen, who is African-American, is a fire captain employed by Los Angeles County. On February 25, 2012, DeCohen was working an overtime shift at a different station. Tom Brady was another captain working the same shift. In the Department, firefighters, including captains, are required to participate in physical training for at least one hour per day. When DeCohen arrived at Fire Station 110 for his overtime shift, Brady…

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Revocation Of Corrections Certificate Not Automatic For Conviction For Lying

March 13, 2018
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| Categories: Discipline, Dishonesty, Public Safety Labor News

Shawn King was a corrections officer with the Oregon Department of Corrections (DOC). In 2009 or 2010, King’s brother and sister-in-law gave him their dog, Sophie. They told King that they would take Sophie back at any time if King could no longer care for her. In 2013, King took Sophie to the Payette City Police Department in Idaho, where King lived, and told a police officer that he…

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Not Every Dismissal Of A Police Officer Is Punitive

March 13, 2018
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| Categories: Discipline, Public Safety Labor News, Termination

Maryland’s Law Enforcement Officers Bill of Rights provides that if “an investigation or interrogation of a law enforcement officer results in a recommendation of an action that is considered punitive, the law enforcement officer is entitled to a hearing on the issues by a hearing board before the law enforcement agency takes that action.” The question of what amounts to “punitive” action triggering the Bill of Rights was the…

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Chicago Police Department Ordered To Bargain Over Disciplinary Matrix

March 13, 2018
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| Categories: Discipline, Mandatory Subjects Of Bargaining, Public Safety Labor News

Lodge 7 of the Fraternal Order of Police represents officers working for the Chicago Police Department. The City investigates serious disciplinary charges through what is called a “complaint register” process. Under the process, the City’s Independent Police Review Authority reviews allegations of misconduct made against members of the Department by members of the public. The Authority retains investigative authority over some categories of alleged misconduct, but transfers investigation of…

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‘Last Chance’ Agreements Under Civil Service Rules

December 27, 2017
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| Categories: Civil Service, Discipline, Public Safety Labor News

In some environments, there are some different disciplinary rules that apply to “last chance” agreements. Typically, last chance agreements are used where an employee has engaged in serious misconduct, is willing to take affirmative steps to remedy the underlying source of the misconduct, and will agree to a sanction less than termination. A feature of such agreements is that in exchange for the employer’s agreement not to terminate the…

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Arbitrator’s ‘Chokehold’ Opinion Upheld

December 27, 2017
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| Categories: Arbitration, Discipline, Public Safety Labor News, Use of Force

As the Supreme Judicial Court of Massachusetts charmingly started off a recent opinion: In Boston on St. Patrick’s Day in 2009, three friends, Michael O’Brien, Thomas Cincotti and Eric Leverone, “having consumed some alcohol during the daytime celebrations, proceeded to a Faneuil Hall bar where O’Brien received free drinks by virtue of knowing the staff and owners.” Because Leverone had recently returned from active military duty, patrons purchased him…

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No Due Process Requirement For Reprimands

December 27, 2017
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| Categories: Discipline, Due Process, Public Safety Labor News

Deborah Upchurch is a supervisor with the City of Orange Township, New Jersey. After an internal affairs investigation, the City issued Upchurch a written reprimand for insubordination. Upchurch challenged the reprimand, alleging it was issued without due process. An appeals court in New Jersey dismissed Upchurch’s claims. The Court began by citing the Supreme Court’s decision in Cleveland Bd. Of Education v. Loudermill, 470 U.S. 532 (1985) for the…

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Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made

December 27, 2017
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| Categories: Bill Of Rights, Discipline, Public Safety Labor News

On or about March 1, 2008, a citizen with whom Paulo Morgado interacted filed a complaint against him with the Office of Citizen Complaints of the San Francisco Police Department (OCC). Pursuant to its powers granted by the City Charter, the OCC investigated the alleged misconduct and shared its findings and disciplinary recommendations with the Police Chief. After further investigation by the Department’s internal affairs division, the Chief filed…

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Inaccurate Report About Retired Trooper Results In Suspensions

December 27, 2017
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| Categories: Discipline, Public Safety Labor News

William Leeman and Christopher Pagliuca are police officers employed by the Haverhill, Massachusetts Police Department. On March 30, 2012, Pagliuca was one of four police officers who responded to a reported DWI. The driver of the vehicle was Charles Noyes. The investigation revealed that Noyes had knocked down a utility pole in West Newbury and then continued to drive into Haverhill where he eventually stopped on the side of…

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Disciplinary Matrix Subordinate To ‘Just Cause” Provision In Contract

December 27, 2017
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| Categories: Collective Bargaining, Discipline, Just Cause, Public Safety Labor News

The City of Findlay, Ohio and the Ohio Patrolmen’s Benevolent Association are parties to a collective bargaining agreement. Sergeant David Hill has worked for the Findlay Police Department since 1999. On July 6, 2012, Hill helped to create a video of him using a taser against the son of a fellow officer. The video violated the Department’s social media policy. As a result, the Department issued Hll a written…

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Non-Member Has No Right To Challenge Suspension Through Arbitration Under Fire Union’s Contract

December 26, 2017
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| Categories: Discipline, Public Safety Labor News, Unfair Labor Practice

Richard Robertson is an Orange County, Florida fire lieutenant. Taking advantage of Florida’s “right to work” laws, Robertson chose not to be a member of the Orange County Professional Fire Fighters, Local 2057 of the IAFF, the labor organization representing the County’s rank-and-file firefighters. On April 12, 2016, the County terminated Robertson, having found that he violated the Department’s rules on performance of duty and truthfulness. Robertson filed a…

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