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Tag: Transfers

No Hearing Required Under Bill Of Rights For Transfer Without Economic Harm

January 30, 2015
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| Categories: Bill Of Rights, Public Safety Labor News

One of the rights afforded public safety officers under California’s Public Safety Procedural Bill of Rights is an administrative appeal of any punitive action or denial of promotion on grounds other than merit. The Bill of Rights defines “punitive action” as “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” In a recent case involving two members of…

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Transfer Of Detective Sergeant To Patrol Held Retaliatory

September 2, 2014
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| Categories: Public Safety Labor News, Retaliation

Sergeant Kerry Jernigan works for the Homicide Section of the Prince George’s County, Maryland Police Department. Jernigan worked 16 years as an investigator; he was occasionally assigned to temporary duty with various task forces. Upon his promotion to sergeant, Jernigan remained in the Homicide Section. Major Cesar Pacheco was the commander of the Section. Jernigan estimated that he had been assigned to approximately 1,000 cases in one capacity or…

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Transfer Denial Can Amount To ‘Adverse Employment Action’ For Title VII Purposes

April 1, 2014
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| Categories: Adverse Employment Action, Public Safety Labor News

Many civil rights laws require that an employee show an “adverse employment action” to gain the protections of the law. One issue that arises with some regularity is whether the denial of a transfer request qualifies as an “adverse employment action.” A recent case involved Kyll Lavalais, the only black officer with the Village of Melrose Park, Illinois Police Department. In February 2011, Lavalais was promoted to sergeant and…

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Employer Not Necessarily Required To Transfer Firefighter Suspected Of Discrimination

February 28, 2012
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| Categories: Discrimination, Public Safety Labor News

Quentin Schamber was an Engineer with the Denver, Colorado Fire Department, and was assigned to Station 25. Lieutenant Dennis Horton was Schamber’s immediate supervisor. On October 27, 2008, Horton told Schamber to stand in front of a fire engine approximately five to ten feet away. Horton then activated the engine’s siren without warning Schamber. As a result, Schamber suffered a loss of hearing in his left ear and tinnitus….

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Court Upholds $300,000 Award To Officer For Transfer

July 25, 2011
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| Categories: Civil Rights, Discrimination, Public Safety Labor News, Retaliation

Byron Hickey, a police officer employed by the Columbus Consolidated Government in Georgia, sued the City, claiming he was retaliated against for opposing unlawful discrimination. When a jury awarded Hickey $306,969, the City asked the trial court to overturn the award on the grounds that inadequate evidence supported Hickey’s claims. The Court rejected the City’s arguments. The key issue was whether Hickey’s transfer from the Vice to the Burglary…

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Court Upholds $300,000 Award To Officer For Transfer

July 20, 2011
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| Categories: Discipline, Discrimination, Public Safety Labor News, Retaliation

Byron Hickey, a police officer employed by the Columbus Consolidated Government in Georgia, sued the City, claiming he was retaliated against for opposing unlawful discrimination. When a jury awarded Hickey $306,969, the City asked the trial court to overturn the award on the grounds that inadequate evidence supported Hickey’s claims. The Court rejected the City’s arguments. The key issue was whether Hickey’s transfer from the Vice to the Burglary…

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The ‘Policymaker’ Rule As Applied In A California Sheriff’s Department

May 1, 2011
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| Categories: Freedom Of Speech, Public Safety Labor News, Retaliation

Jeffrey Bardzik was a lieutenant in the Orange County, Callifornia; Michael Carona was the Sheriff. Bardzik sued Carona, alleging that Carona violated Bardzik’s First Amendment right to free speech by retaliating against Bardzik for supporting Carona’s opponent in the 2006 Sheriff’s election. Bardzik contended that Carona retaliated against him by transferring him from the prestigious position of Reserve Division Commander to an undesirable post at Court Operations. Bardzik also…

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Transfer Of Troopers A Management Right

April 1, 2011
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| Categories: Management Rights, Public Safety Labor News

Members of the New Hampshire Division of State Police are assigned by the Division to road patrol within six troop areas, Troops A through F, throughout the state. Section 21.7 of the collective bargaining agreement between the State and the New Hampshire Troopers Association provides: “Any employee may live within a town within a patrol area to which she/he is assigned or within a reasonable distance from his/her assigned…

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Judge Need Not Have Reason To Reject Corrections Officer

March 1, 2011
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| Categories: Public Safety Labor News

Tim Mooney is a corrections officer for Broome County, New York. In January 2009, the Administrative Judge for the Sixth Judicial District sent a letter to Broome County Sheriff David Harder directing, on behalf of the Broome County Judges, that Harder “immediately and permanently remove Officer Timothy Mooney from all assignments at Broome County court facilities.” When the Sheriff complied with the order and reassigned Mooney, Mooney’s labor organization…

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Denial Of Firefighter’s Transfer Violates Contract

August 1, 2010
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| Categories: Arbitration Decisions, Collective Bargaining, Public Safety Labor News

The collective bargaining agreement between the City of Beaumont, Texas and Local 399 of the International Association of Fire Fighters contains a clause requiring that transfers be based on seniority unless another employee had “overriding merit.” The City chose a 16-year firefighter for a station assignment, turning down a 17.5-year firefighter due to his lack of HAZMAT experience. An arbitrator ruled that the City’s decision violated the contract. The…

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Employer Has Ability To Remove Officer From Canine Assignment

June 1, 2010
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| Categories: Canine Officers, Public Safety Labor News

An officer with the Town of Westerly, Rhode Island served as a canine officer for seven years. When the officer’s dog was retired, the Department informed him that while he would be assigned a new job, it could not guarantee him any particular continued assignment length as a canine officer. When the Department subsequently reassigned the officer and assigned his new dog to another officer, the officer’s labor organization,…

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Transfer Without Pay Loss Does Not Impact Property Right

October 1, 2009
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| Categories: Public Safety Labor News, Retaliation

Dan Flynn is a deputy sheriff for the Oakland County, Michigan Sheriff’s Office. On February 28, 2004, a birthday party was held in honor of a fellow deputy sheriff. The party was attended by employees from the Department as well as neighboring public safety agencies. Alcohol was served. Neither Flynn nor his wife attended the party. The birthday deputy’s wife hired a stripper to perform at the birthday party….

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Assignment To Particular Assistant Chief Position A Management Right

September 1, 2009
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| Categories: Management Rights, Promotions, Public Safety Labor News

Local 252 of the International Association of Fire Fighters represents members of the Piqua, Ohio Fire Department. When a vacancy occurred in the position of “assistant chief on shift,” the Department filled the vacancy by transferring Assistant Chief Mike Rindler, who had held the position of assistant chief for Fire Prevention. Local 252 filed a grievance challenging the transfer, contending that the vacant position should have been filled through…

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