Temporary Reassignment Of Union President Justified By Business Necessity

The Fraternal Order of Transit Police (FOTP) represents police of­ficers working for the Southeastern Pennsylvania Transportation Author­ity (SEPTA). Officer Omari Bervine has been President of the FOTP since August 2016. On November 1, 2019, Bervine rep­resented SEPTA Officer Kady Ann Cox during an investigatory interview with SEPTA’s internal affairs department regarding an allegation that she had used excessive force against a suspect. Just prior to that interview, Bervine met…

Read More

Disabled Corrections Officer Unable To Perform Essential Job Functions

Stephen Mannan worked as a corrections officer for the Colorado Department of Corrections. In January 2017, Mannan experienced chronic hip pain and was diagnosed with osteoarthritis and told he would need a hip replacement. As Mannan was morbidly obese, his doctor advised him to lose approximately 50 pounds before surgery. In February 2017, Mannan took FMLA leave with the aim to have surgery in March or April. Instead, in…

Read More

Taser Exposure Not Essential To Job Of Detective

Jacqueline Lewis, an African-American police detective in Union City, Georgia, was terminated abruptly from her position in 2010, after about ten years of service. In January 2009, Lewis suffered a small heart attack. The episode was unusual in that a cardiac catheterization showed “no clot and no disease” in Lewis’s heart, although heart attacks generally are caused by a “clot inside the coronary arteries.” And while Dr. Arshed Quyyami,…

Read More

Police Department Can Insist That Officers In Administrative Assignments Be Able To Make Forcible Arrests

On December 5, 2005, San Francisco Police Officer Kenneth Lui suffered a heart attack and had five stents inserted. He was diagnosed with diabetes, high blood pressure, high cholesterol, and coronary artery disease. Following his heart attack, Lui took 11 months’ disability leave at full pay. On November 1, 2006, Lui returned to work in a 365-day temporary modified duty assignment performing light-duty work in the records room. After…

Read More

County Not Allowed To Use Corrections Officers To Do Deputy Work

When a student disappeared from a local school, the Multnomah County, Oregon Sheriff’s Office set up a search and rescue operation. The SAR operation involved eight deputies and sergeants and hundreds of state certified volunteers and the criminal investigation included law enforcement officers from Multnomah County as well as from 39 agencies throughout Oregon and Washington. Federal agencies were also involved, including the FBI, DEA, ICE, U.S. Customs, and…

Read More

Child Custody Dispute Not Part Of Corrections Officer’s Job Duties

Phillip Simpson and Emily Bonniwell are corrections officers in the Dakota County, Minnesota Sheriff’s Office. They became romantically involved and conceived a child born in 2009. The relationship ended and Bonniwell began dating a man she met while he was a jail inmate. Bonniwell and Simpson began a child-custody dispute in 2010. In it, Simpson sought to prevent the former inmate from having contact with their son. He submitted…

Read More

Dispatchers Not Entitled To Increased Pay For Answering Telephones

The City of Elyria, Ohio and the Fraternal Order of Police (FOP) are parties to a collective bargaining agreement that governs the terms and conditions of work for several employee groups in the Elyria Police Department, including dispatchers. Records clerks in the Department are in a different bargaining unit, and are represented by the American Federation of State, County and Municipal Employees (AFSCME). When the records clerks are not…

Read More

Political Patronage In Sheriff’s Offices Still Open To Debate

In two decisions that are roughly 30 years old, Elrod v. Burns, 427 U.S. 347 (1976) and Brantie v. Finkel, 445 U.S. 507 (1980), the Supreme Court generally ruled that dismissals for political patronage purposes were unconstitutional. However, the Court found a narrow exception to the unconstitutionality of patronage dismissals for “policymaking positions.” The Court described a policymaking position as where “the employee acts as an advisor or formulates…

Read More

PHP Code Snippets Powered By : XYZScripts.com

Powered by WishList Member - Membership Software