On December 4, 2019, East Chicago Fire Chief Anthony Serna (who has since retired), acting at the direction of Mayor Anthony Copeland, issued a memorandum to his firefighters that a new schedule would be instituted. The old schedule was the standard 24 hours on, 48 hours off schedule employed by most fire departments in the country. As a federal trial court put it, “Chief Serna did not give the…
George Forbush is an officer with the Sparks Police Department in Nevada and is a member of the Sparks Police Protective Association. The Association’s contract with the City contains a disciplinary clause providing: “No post-probationary employee will be disciplined or discharged without just cause.” In 2020, Forbush posted a variety of comments from his personal Twitter account. In response to a video depicting several individuals attempting to light an…
Scott Specht works as a fire marshal for the Fire Department of New York (FDNY), where his primary responsibilities involved investigating the origins of fires. In that capacity, Specht investigated a fire in March 2018 that destroyed a five-story brownstone in Manhattan where a motion picture was being filmed. The fire resulted in serious damage to the building and the death of a firefighter. Over the course of his…
Randall Knight was a probation officer for Nassau County, New York. Knight was terminated by the County in 2015 for his conduct during two incidents. The first incident involved Knight responding combatively and uncooperatively when Judy Arroyo, a City of Long Beach police officer, pulled him over for running a red light. The second incident involved Knight confronting Martha Del Valle, his partner probation officer, in an intimidating manner…
Gerald Olbek was the deputy chief of the Wildwood Police Department in Florida. After a series of events that included a fire at the Department’s station, Olbek became concerned that the station had a serious mold problem. Olbek wrote a memo detailing the mold issues. The memo cited the fact that numerous employees had complained of health conditions related to mold and that the City had tried to remedy…
Michael Gala is a Deputy Assistant Chief with the Fire Department of New York (FDNY). On May 18, 2020, Gala met with Chief of Department John Sudnik and Chief of Fire Operations Thomas Richardson and was informed that he would be promoted to Assistant Chief of Department on May 23. However, Chief Sudnik explained that the Fire Commissioner wanted Gala to send an email, recanting opinions that he had…
You know a court’s opinion will be anything but run-of-the-mill when it begins: “Social media has allowed Americans to connect with friends in far-flung places and to share their opinions on topics both mundane and momentous. But social media can also tempt people to impulsively make inflammatory comments that they later regret. And even worse for them, employers often react by firing or punishing them for their ill-advised remarks….
Steven Dunbar, a District Chief for the Houston Fire Department (HFD), made a post in a private social media group for HFD firefighters in July 2019. Discussing a transfer opportunity HFD had posted the month before, he wrote: “If you are thinking about putting in for a spot in District 64 on C-shift you better have your sh** together. Wanna play games like previously-assigned members? You will be miserable…promise.”…
Ariel Lindsay has been a Cook County, Illinois deputy sheriff since2004, and was assigned to the Court Services Unit in the Criminal Courts Building in Chicago. From July 6, 2016, through July 8, 2016, Lindsay made several posts to her Facebook account. Those posts referenced the July 2016 shooting of police officers in Dallas, Texas, and the public sentiment towards law enforcement officers. When she made her posts, Lindsay…
Jamie Marquardt was a captain with City of Cleveland’s Department of Emergency Medical Services. Marquardt had a “private” Facebook page which did not identify him as a City employee. A little more than a year after a Cleveland police officer shot and killed 12-year-old Tamir Rice, a post appeared on Marquardt’s Facebook page: “Let me be the first on record to have the balls to say Tamir Rice should…
Larry Moreau, Jr., was a captain with the St. Landry Fire Protection District No. 3 in Louisiana. In May 2017, Moreau was accused of refusing to participate in a fire training exercise. At a pre-disciplinary hearing before the District’s Board, Moreau explained that he did not participate because of an on-the-job injury that he failed to report. The Board voted to issue Moreau a formal letter of reprimand, but…
In Garcetti v. Ceballos, 547 U.S. 410 (2006), the United States Supreme Court ruled that speech made as part of a public employee’s job has no First Amendment protection. However, the First Amendment is only one source of protection against improper discipline for engaging in speech. Protection against unfair discipline for speech can be found in the “just cause” provisions of collective bargaining agreements, in civil service laws, and…
Anthony Venable, who had been an officer with the Metropolitan Nashville and Davidson County Police Department (MNPD) since 2007, engaged in a Facebook conversation regarding the shooting of Philando Castile in Minnesota. At the time, Venable was off-duty and the shooting had happened just the day before. During the course of the conversation, Venable posted a number of comments, including: “Yeah, I would have done 5,” in response to…
Doug Greisen was the chief of police for the City of Scappoose, Oregon. In 2012, after more than ten years in that position, he became suspicious about the city’s accounting and budgeting practices. He worried Jon Hanken, the city manager, was hiding something. Greisen believed Hanken was suspiciously defensive about the budget, improperly delayed paying invoices at the end of the fiscal year and had weakened the city’s external…
Tamela Muir, Bert Muir, and Ben Boswell worked for the Decatur County Sheriff’s Office (DCSO) in Iowa. Tamela began working for the DCSO in November 1996 as a jailer and dispatcher. Her employment was at-will. Bert started working for the DCSO on March 19, 1998, when he was elected Sheriff. He hired Boswell as a Deputy Sheriff in September 2001. Tamela and Bert were married in January 2008, and…
Thelma Barone was a Community Service Officer II with the Springfield Police Department in Oregon. Barone focused on victim advocacy and served as a Department liaison to the City’s minority communities. Throughout her tenure, members of the Latino community complained to Barone about alleged racial profiling by the Department. She relayed these complaints to Department leadership. These complaints became more frequent beginning in the spring of 2013. Around that…
Lorenzo Davis was a supervisor for Chicago’s Independent Police Review Authority. The Authority investigated certain types of complaints against Chicago police, including domestic violence, excessive force, and death in police custody. After investigating such allegations, the Authority made a disciplinary recommendation to the Chicago Police in the form of a report. The report summarized the investigation and included findings on the alleged misconduct: namely, whether the allegations were “sustained,”…
Booth James had worked for the Montgomery, Alabama Regional Airport Authority for approximately 15 years as a Third Shift Police Supervisor when he observed misconduct concerning the evidence impound of the Transportation Security Administration. After discussing these concerns with his supervisors and others, James sent a grievance letter to the Airport’s Board of Directors, detailing issues about public safety and falsified misconduct within the Airport Police Department. When the…
With the Supreme Court’s 2014 decision in Lane v. Franks, some believed that a firm rule had been established that the off-duty testimony in court by a public employee was absolutely constitutionally protected by the First Amendment, and could not be the basis for discipline. A recent decision from the federal Sixth Circuit Court of Appeals shows that the lower courts are not giving such an expansive reading to…
Jonathan Sprague served as a firefighter, and eventually as a captain, for the Spokane Valley Fire Department (SVFD) in Washington. During his employment, Sprague and other SVFD employees formed the Spokane County Christian Firefighter Fellowship. Sprague created a list of work email addresses for 46 firefighters that he believed were interested in the Fellowship’s activities. Sprague began using SVFD’s email system to send emails about the Fellowship’s activities. SVFD’s…
Scottie Bagi and Gary Vojtush are firefighters and medics for the City of Parma, Ohio. The Department maintains a Tactical Emergency Medical Specialist (TEMS) unit consisting of specially trained firefighter medics who provide emergency medical support to the city police department’s SWAT team in high-risk situations. In the event of an injury, TEMS unit members treat the police first, then innocent bystanders, then criminals. In 2011, Bagi drafted a…
In 2011, Nevada Highway Patrol Major Kevin Tice sent an email to the members of the Patrol’s Canine Drug Interdiction Program. The email established a new policy on public comments about the Program, and provided: “As we reengage in K9 and interdiction program oversight at the regional command level, it is important to ensure appropriate flow of communication. It is critical that we identify and resolve issues and inconsistencies…
Michael Snipes worked as a law enforcement captain with the Beach Safety and Ocean Rescue Department of Volusia County, Florida. Shortly before the events culminating in Snipe’s termination occurred, the Beach Patrol was involved in a public scandal involving adult employees and underage females which significantly, and negatively, affected its reputation in the community. Although Snipes was not involved in that scandal, he was aware of its impact on…
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…
Kevin Buker was a battalion chief with the Howard County, Maryland Department of Fire and Rescue Services. In 2011, the Department developed a social media policy, in part in response to a racially-tinged Facebook post from a volunteer firefighter. The Policy prohibits employees “from posting or publishing statements, opinions or information that might reasonably be interpreted as discriminatory, harassing, defamatory, racially or ethnically derogatory, or sexually violent when such…
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