By Kate Acheson
In City of Tulsa, 130 LA 1163 (Williams, 2012), the Tulsa Police Department terminated an officer for bringing a domestic violence victim to his home. The Arbitrator agreed with the Union’s argument, that the termination was too harsh, based on other Department discipline measures and the officer’s good record.
In December 2009, the Grievant and a backup officer responded to a domestic disturbance call at an apartment complex.
While the victim wrote out a statement, the Grievant took his squad car to drop off his wife off at the Airport. He did not change out of uniform, request permission to use the squad car, or note the trip in his incident report. When he returned to the apartment complex, the victim declined to go to a shelter, fearing she would lose her job if she was late for work. The Grievant then took the victim to his home, where he changed into street clothes and she took a nap on his living room sofa before the Grievant drove her to work. While on the sofa, the victim alleges the Grievant examined her bruises and made unwelcome sexual advances.
The next day, the victim complained. The Grievant admitted taking the victim to his house, but denied making sexual advances, claiming “he put himself in the situation by trying to help someone.” He was terminated.
Challenging the termination, the Union submitted evidence of nine other TPD terminations and seven suspensions. Suspensions were given in other instances for excessive use of force and multiple policy violations. Considering these other disciplinary actions, the Grievant’s 16-year, discipline-free record, and the fact that the Grievant took responsibility for his actions, the Union argued termination was too harsh.
Arbitrator Williams found the Grievant’s violations showed extremely poor judgment and a lack of knowledge of TPD Rules and Policies, but agreed with the Union that termination was too harsh:
“The City did not show by clear and convincing evidence that Grievant’s discharge was appropriate for the violations charged in light of: (a) his past record of no discipline; (b) his acceptance of responsibility and his remorse for these actions; and (c) the types of conduct of other TPD officers who were discharged for violations of TPD Policies and Rules.”
The arbitrator ordered the Grievant be reinstated without back pay on the condition he undergo training and sign a “last chance agreement.”
