No Retirement Credit During Unpaid Suspension

Sean Weaver, a liquor control officer for the Pennsylvania State Police, was a member of Pennsylvania’s State Employees’ Retirement System. Weaver was terminated in November 1997 based on bad conduct at a licensed facility while off duty. He filed a grievance that proceeded to arbitration. After a hearing, an arbitrator issued an award in 2001 sustaining the grievance in part, and denying it in part. His discharge was modified…

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County’s ‘Automatic Suspension If Charged With Felony’ Policy Called Into Question

Darrin Wilkinson, David Sherr, Lisa Brown Debs, and Sean O’Donoghue are four current or former Los Angeles County deputy sheriffs. All four were charged with felonies. Wilkinson was charged in June 2002 with nine felony counts of falsifying police reports. Sherr was charged on June 11, 2003 with seven counts of workers’ compensation insurance fraud, perjury, and grand theft. Debs was charged on June 27, 2004 with felony drunk…

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Five Days, For Purposes of Firefighter’s Suspension, Means Five Calendar Days

Barry Thornton is a lieutenant with the Andover, Massachusetts Fire Department. The Department has a requirement that individuals who are evaluated by rescue personnel and not transported to a medical facility should have a medical release signed by the patient. A memorandum from the Fire Chief made clear that the purpose of the policy was to obtain reimbursement from insurance companies for all emergency medical services and to generate…

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Court Upholds Arbitrator’s Opinion Reversing Administrative Suspension Without Pay Pending Investigation

Christopher Winesburg is a trooper employed by the Pennsylvania State Police. During the weekend of March 1, 2008, Winesburg was involved in an incident with a woman after both left a nightclub in Ocean City, Maryland. Ocean City police were called to the scene, but they did not file criminal charges against Winesburg. Twelve days later, however, the woman filed a private complaint against Winesburg, and he was charged…

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Suspended Corrections Officers Not Entitled To Accrue Leave Beyond Contract’s Limits

The Michigan Department of Corrections suspended two corrections officers with pay pending investigation into whether they had had sexual contact with inmates. While the officers were on suspension, they continued to accrue annual leave under the terms of the contract. The suspensions lasted long enough that the officers’ accrual of annual leave would have placed them above the “caps” for annual leave contained in the contract. When the Department…

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