In Spite Of Brady Rule, Washington Supreme Court Reinstates Arbitrator’s Opinion Overturning Deputy’s Discharge For Untruthfulness

Brian LaFrance worked as a deputy for the Kitsap County, Washington Sheriff's Department for 14 years, during which he was disciplined several times. Beginning in May 2000, LaFrance began to behave unusually. He had been assigned to a child pornography task force, and he became “obsessive” and “fixated” on this work and on “protecting the children.” Despite repeated warnings and reprimands, LaFrance continued to work outside his regular shift…

Read More

Police Agency Can Inquire As To Applicant’s Expunged Criminal Conviction

When Jimmy Macon was arrested for DUI after he began employment as a deputy jailer with the Shelby County, Tennessee Sheriff’s Department, the Department learned that in 1993, long before he began work for the County, Macon had pled guilty to a felony drug charge of manufacturing, delivery and possession of a controlled substance. Macon’s conviction was expunged in 1999. The County then began examining the security investigation statement…

Read More

‘Private Dishonesty,’ Off-Duty Sex, And Discipline

An FBI special agent given the pseudonym of “John Doe” in court proceedings worked as a special agent pilot near an FBI office in Ohio. While Doe was off duty, he had consensual sex with a female member of the FBI’s support staff, whom he was dating. Doe and the woman videotaped their sexual encounters, at her suggestion. Doe also videotaped separate consensual sexual relations at his residence with…

Read More

Civil Service Appeals Get New Trials In Ohio

In October 2006, Michael Bryant was suspended by the Hamilton, Ohio Police Department for unbecoming conduct, untruthfulness, and insubordination. The internal affairs investigation which led to this sanction was conducted by Captain Joseph Murray, Lieutenant Scott Scrimizzi, and Sergeant Michael Waldeck. In early 2007, Murray received an unsolicited subscription to Cosmopolitan magazine along with a bill for $54. The bill indicated that subscriptions had also been sent to Lieutenant…

Read More

Eleven Tons Of Gravel In Ex-Girlfriend’s Driveway Leads To Officer’s Termination

Duane Winchell was a deputy sheriff employed by Riverside County, California. Winchell was involved in a romantic relationship with a woman referred to in the Court’s opinion only as “Ms. Keegan.” Early in 2002, Ms. Keegan wanted to break off the relationship; Winchell disagreed and became upset that Keegan was seeing another man. Winchell went to Keegan’s residence on April 5, 2002, saw a vehicle in her driveway that…

Read More

Court Reinstates Sergeant’s Demotion

A clear example of a difference between appealing discipline through a civil service system and appealing discipline through arbitration can be found in a recent case involving Santa Cruz County, California. When discipline is appealed through arbitration, court review is extremely limited, and typically focusing only on whether the arbitrator exceeded his or her jurisdiction in issuing an opinion. It is extremely rare for an arbitrator’s disciplinary opinion to…

Read More

Powered by WishList Member - Membership Software