fbpx

Revocation Of Corrections Certificate Not Automatic For Conviction For Lying

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…

Read More

Not Every Dismissal Of A Police Officer Is Punitive

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…

Read More

Chicago Police Department Ordered To Bargain Over Disciplinary Matrix

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…

Read More

‘Last Chance’ Agreements Under Civil Service Rules

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…

Read More

Arbitrator’s ‘Chokehold’ Opinion Upheld

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…

Read More

No Due Process Requirement For Reprimands

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…

Read More

Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made

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…

Read More

Inaccurate Report About Retired Trooper Results In Suspensions

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…

Read More

Disciplinary Matrix Subordinate To ‘Just Cause” Provision In Contract

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…

Read More

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

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…

Read More

Captain Entitled To See Notes Taken In Disciplinary Investigation

In June 2015, the Town of Kernersville, North Carolina terminated Fire Captain Kevin Bray, who had served the Fire Department for more than 17 years. Bray’s termination stemmed from a meeting he had with Town Manager Curtis Swisher and the Town’s human resources director to discuss some of Bray’s concerns about the Fire Department. In response to Bray’s concerns, Swisher interviewed other employees and took notes during the interviews….

Read More

Q & A

From Florida Question: I’ve often heard from my union’s legal defense plan that we cannot go to arbitration for a written reprimand because the grievant has no “property loss” and that the arbitrator can’t rescind the written reprimand. Often our members feel like this is an excuse by the legal defense plan because the LDP doesn’t want to spend the money on the arbitration. While a written reprimand doesn’t…

Read More

Deputies Terminated For ‘Spouse-Swapping’

Brandon Coker and Michael Golden were sheriff’s deputies in Bossier Parish, Louisiana. When Chief Deputy Sheriff Owens learned in late October 2014 that Coker and Golden had each taken up residence in the other’s house, exchanging spouses without having divorced their current wives, they were placed on administrative leave for violating the Sheriff’s Code of Conduct. The Code includes the obligation to: “Conduct yourselves at all times in such…

Read More

Court Reverses Termination Of Corrections Officer Who Punched Inmate In Stomach

Steven Harris is a correctional officer at Maury Correctional Institution, a North Carolina state prison. Harris was working the night shift on February 5, 2015, and was assigned to the “Gray Unit,” which housed the prison’s segregation cell block. Inmate Christopher Walls placed his feces into a plastic bag and placed the bag into the toilet, which caused water to leak onto the floor. Walls then poured the feces…

Read More

Complaint About Fire Chief’s Nazi Behavior Given Mixed Protection

James Dumas is a firefighter at St. Tammany Parish Fire District No. 3 in Louisiana, and is the vice-president of the firefighters’ union. In May 2016, the Union submitted a letter to the District’s Civil Service Board expressing a “vote of no confidence” in Fire Chief Patrick Sicard. The letter alleged that Sicard violated several provisions of civil service law, including failing to perform the duties of his position…

Read More

Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’

Officers in the Montgomery, Minnesota Police Department are represented by Local 87 of Law Enforcement Labor Services. A grievance filed by Local 87 challenging a 21-day suspension issued to an officer produced a significant decision involving the importance of media publicity in the disciplinary context. Though there were several disciplinary charges against the officer, the most important stemmed from a family gathering attended by the officer, his wife, and…

Read More

Fire Union’s Failure To Challenge Discipline Not Breach Of DFR

Richard Kelly, a Ferndale, Michigan firefighter, brought an unfair labor practice charge against his union, Local 812 of the International Association of Fire Fighters. Kelly claimed that the Union’s failure to arbitrate his grievance challenging a reprimand and two-shift suspension violated Local 812’s duty of fair representation. Michigan’s Employment Relations Commission dismissed the ULP complaint. The Commission recited the fact that “a union’s duty of fair representation requires it…

Read More

Firefighter Loses Job Over Family Dispute Between Supervisors

Glen Naghtin was a firefighter for the Montague, Michigan Fire Department. Two brothers, Donald and Dennis Roesler, also worked for the Department. Donald was a unit captain and Dennis was the Fire Chief. In 2009, the Fire District’s Board authorized the construction of a new fire station. After construction had commenced, Donald Roesler began expressing concerns about the structure, including numerous fire-code violations and deviations from the station’s planned…

Read More

‘Last-Chance’ Agreement Means What It Says

Occasionally, employees with a pattern of misbehavior enter into “last-chance” agreements in lieu of termination. Under those agreements, an employer agrees not to terminate an employee for whatever the employee’s current offense is, and the employee agrees that a finding of future misconduct will result in the loss of the employee’s job. Fox Lake, Illinois Police Officer Tom Olson got to his last-chance agreement in a different manner. Olson…

Read More

Court Overturns Termination Of Deputy Who Tested Positive For Steroid Metabolites

Richard Orosco was employed as a Los Angeles County deputy sheriff from 2001 to 2008. In September 2007, officers from the Long Beach Police Department responded to a domestic violence call at the home where he lived with his girlfriend, Veronica Hernandez, and their infant son. The officers determined that Hernandez was the aggressor and arrested her. The police report contained her statement that Orosco was taking illegal steroids…

Read More

In Denver, Burden Of Proof In Discipline Cases Is On Officer

Labor issues in Colorado are handled under a patchwork quilt of laws. Firefighters are covered by a statewide bargaining law; police and sheriffs are not, and where law enforcement bargaining occurs, it is pursuant to local charter provisions and ordinances. Some local charters have broad definitions of what is negotiable, while others contain narrow lists of bargainable topics. Denver falls in the latter category, and a topic that has…

Read More

Failure To Provide Transcript Results In Demotion Being Overturned

The Indianapolis Police Department demoted Sergeant Brad Bentley to patrol officer. The City’s Police Merit Board upheld the demotion, and Bentley filed a petition for judicial review on September 10, 2014. A provision in the Indianapolis City Code requires the City to file the transcript from a Merit Board hearing within 30 days of receiving a court summons. The City failed to comply with the transcript requirement, did not…

Read More

Disciplinary Time Limits Tolled While Criminal Investigation Ongoing

Shiekh Iqbal is a parole agent for the California Department of Corrections and Rehabilitation. In the course of his job, he developed a close working relationship with the Union City Police Department and would often contact UCPD with work-related inquiries for criminal history information on subjects through the California Law Enforcement Telecommunications System or through the Alameda County Consolidated Records Information Management System. On October 29, 2007, Iqbal contacted…

Read More

Chicago Police Disciplinary Records Subject To Disclosure In Spite Of Contract Clauses

The Chicago Tribune and Sun Times filed a request under the Illinois Freedom of Information Act (FOIA) seeking the production of “complaint registers” (CR) maintained by the Chicago Police Department. The request included a list of the names of police officers who had received at least one complaint, as well as the officer’s date of appointment, the complaint category, the CR number, the incident date, the date the complaint…

Read More

Police Board Can Increase Disciplinary Penalty

Where public safety employees do not have “at-will” status, there are three ways of appealing discipline: to arbitration, to court, or to some form of police, fire or civil service board. Those unused to this third option may find it surprising that the hearing boards may have the ability to actually increase the discipline imposed by the employer. And so it was in the case of Chicago police officer…

Read More

PHP Code Snippets Powered By : XYZScripts.com

Powered by WishList Member - Membership Software