Officers Can Win Termination Arbitration And Lose Certification

The Washington Metropolitan Area Transit Authority fired officers Mark Spencer and Sherman Benton. Spencer was terminated for excessive force and untruthfulness; Benton was fired for an off-duty domestic dispute and untruthfulness. The officers’ labor organization, the Fraternal Order of Police (FOP), challenged the terminations in arbitration. A Board of Arbitration overturned both discharges, finding that although the Authority had legitimate grounds for disciplining the officers, that lengthy suspension, not…

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First Thursday, April 2015

This month’s podcast features an overview of the anti-public safety collective bargaining legislation making its way in various state houses across the country and an important new genetic information discrimination case involving a firefighter. Cases discussed: Firefighter Wins Age Discrimination, GINA Claims, Lee v. City of Moraine Fire Department, 2015 WL 914440 (S.D. Ohio 2015) Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law, Kennedy v. Gray,…

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Revocation Of Police Certification Does Not Conflict With Civil Service Law

Timothy Hannigan was a police officer employed by the Borough of Darby, Pennsylvania. Hannigan cheated on a mandatory in-service training examination given by the Municipal Police Officers’ Education and Training Commission. After an investigation in which Hannigan admitted what he had done, the Commission revoked Hannigan’s police officer certification. Hannigan lodged an appeal with Pennsylvania’s Commonwealth Court, arguing both that the Commission lacked the authority to enact a rule…

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Leaving Loaded Firearm In Unlocked Locker Room Costs Corrections Officer Her Certification

Judith Lucke, a corrections officer with Multnomah County, Oregon, left a loaded firearm unsecured on a bench in an unlocked locker room at the jail, where it remained undiscovered for approximately eight hours. When the Multnomah County Sheriff terminated her, Oregon’s Department of Public Safety Standards and Training initiated proceedings to revoke Lucke’s certification as a public safety officer. While the certification proceedings were pending, an arbitrator rejected a…

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