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Due Process Requires Hearing Before Suspension Without Pay

Michael Schmidt was hired in November 2002 by the Department of General Services of the Commonwealth of Pennsylvania to serve as a patrol officer with the Capitol Police. The Department investigated Schmidt on charges that he failed to report to his assigned post, had disobeyed work orders, and had shown disrespect and insubordination to his supervisor. Within three days of the precipitating incident, the Department suspended Schmidt without pay….

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PERC Orders Union President To Reveal Names Of Complaining Employees

Luis Santiago is the president of the City of Bridgetown, New Jersey Police Benevolent Association (PBA). Santiago initiated a grievance and presented it to Police Chief Mark Ott. The grievance alleged that there was questionable conduct within the internal affairs bureau. Ott then ordered Santiago to provide a special report that included the names of the police officers who approached him with allegations about the alleged questionable conduct. In…

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St. Louis Fire Chief Refuses To Use Promotional List, Loses Job

Sherman George began his employment in 1967 with the St. Louis Fire Department, and in 1999 became the first African-American to serve as the City’s fire chief. The Department is under the Department of Public Safety. The fire chief is appointed by and reports directly to the director of public safety, who is appointed by and reports directly to the mayor. Promotions within the City’s civil service system, including…

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Employer Has Burden Of Proving Disciplinary Notice To Employee

Stephan Jones was a firefighter with the Pineville, Louisiana Fire Department. On July 23, 2003, Jones, who was operating a fire rig, was involved in a minor accident with a United Stated Postal Service truck. Jones was driving without a valid driver’s license in his possession when the accident occurred. Before leaving the accident scene, pursuant to Pineville’s substance abuse policy, Jones was ordered by Chief Doug Nugent to…

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Officer’s Resignation Was Voluntary

Jessica Rademakers was a detective with the Lee County, Florida Sheriff’s Department. In May 2006, Rademakers attended a retirement party for a lieutenant. A captain complained that Rademakers had rubbed her breasts against another captain and had engaged in other “inappropriate physical contact” with the captain and a lieutenant. An internal investigation ensued. The investigation concluded that Rademakers had committed both conduct unbecoming an officer and insubordination by being…

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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…

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Firefighter Involved In Significant Case Dealing With Mandatory Medical Releases

Robert Martin has been employed for over 34 years by the Fire and Rescue Department of the City of St. Petersburg, Florida. For the past 21 years, he has held the rank of lieutenant. The collective bargaining agreement between the City and Martin’s labor organization, Local 747 of the International Association of Fire Fighters, requires employees to undergo an annual physical examination. For the past ten years, these annual…

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Settlement Agreement Does Not Allow Officer To Prospectively Commit Misconduct

Tatiana Cabrera-Renne was a police officer with the City of Paterson, New Jersey. Cabrera-Renne brought a discrimination lawsuit against the City. She and the City eventually reached a settlement agreement of the lawsuit. Under the terms of the settlement, Carera-Renne would return to work until the City paid her a lump sum of $215,000. Thereafter, Cabrera-Renne and the City would abandon and release all pending actions against each other,…

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