August 20, 2013 by

Officer Terminated after Arrest for Illegal Sale of Firearm Survives Motion to Dismiss Due Process Claim

By David Worley

Due ProcessIn Dooley v. City of Bridgeport, 34 IER Cases 1507 (S.D. Ill. 2013), the court denied motions to dismiss the due process claims of Officer Dooley, an Illinois police officer who was terminated following an arrest for illegally selling a firearm.  The charge turned out to be baseless, and Dooley challenged his termination on due process grounds and a number of state statutes.  The court found that as Dooley had a well defined property interest in his employment and no sufficient inquiry had indicated termination was actually proper, his claims could survive a motion to dismiss.

[Read more…]

Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
August 5, 2013 by

Failure to Firmly Discipline Officers who used Excess Force Creates Just Cause to Fire Police Sergeant

By Anthony Rice

ExcessiveIn City of Bartlesville, the arbitrator found there was just cause to terminate an Oklahoma City police sergeant for not properly controlling officers who engaged in excessive force. The arbitrator applied the 7 tests for finding just cause and found the sergeant’s actions showed a lack of proper supervision of the officers under his watch command.

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Filed Under: Arbitration Rulings, Discipline
August 5, 2013 by

The City’s Decision to Demote Field Training Officer Years after Alleged Misconduct Set Aside by Arbitrator

By Anthony Rice 

DemotionIn City of Chicago, the arbitrator found that the City’s decision to demote a Chicago police officer for “problematic behavior” was arbitrary and capricious, because the decision relied solely on a complaint registered against the officer in 2007.

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Filed Under: Arbitration Rulings, Discipline
August 2, 2013 by

Sheriff’s Inability to Prove Deputy Sheriff was the “Head Butting” Aggressor in a Domestic Violence Case Allows Deputy to Keep His Job.

By Anthony Rice 

ProofIn Broward County Sheriff, the arbitrator found that the Sheriff’s Office did not have just cause to discharge a Florida deputy sheriff accused of domestic violence, because no reliable evidence was presented to show that the deputy head-butted his girlfriend and the little evidence that was presented had been altered at the scene.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
July 30, 2013 by

NYPD’s Alcohol “Treatment or Termination” Policy is Not a Threat That Gives Rise to a False Imprisonment Claim

By Anthony Rice

alcohol-addictionIn Frey, a NYPD sergeant sued the city claiming the NYPD’s policy of mandating inpatient treatment for alcohol abuse on pain of termination constituted false imprisonment. The court held that there was no false imprisonment because threat of termination for not attending alcohol abuse treatment was a peaceful consequence for noncompliance. [Read more…]

Filed Under: Discipline
July 29, 2013 by

Fourteen Day Suspension of Prison Officer for Inspection Failures Involving Dead Inmate Reduced when Similar Offense Had Received Lighter Punishment

By David Worley

policies iconIn Federal Bureau of Prisons, 131 LA 536 (Betts, 2012), the arbitrator held the 14 day suspension of a corrections officer was too severe when one of the three alleged instances of misconduct was unsupported, and a fellow officer disciplined for the other two instances of misconduct only received a three day suspension.  Finding that just cause requires similar misconduct to require similar discipline, the arbitrator found the penalty had to be reduced and required the officer be compensated for the days of unjust suspension. [Read more…]

Filed Under: Discipline, Loudermill, Prediscipline procedure
June 7, 2013 by

Almost Nine Lives – Officer Terminated after Signing Last Chance Agreement for Misconduct Following Seven Suspensions

By Mitchel Wilson

In Dominguez v. O’Flynn, 35 IER Cases 246 (N.Y. App. Div. 2012), on appeal, the Supreme Court Appellate Division overturned an order of reinstatement of a sheriff’s deputy when the court found a valid last chance agreement existed. The termination was valid regardless of the fact that two of the three charges of misconduct were determined invalid because the deputy had violated the last chance agreement in a single instance of misconduct. Although the last chance agreement was entered into in lieu of a disciplinary hearing, the court found this was not coercion and did not render the agreement void. [Read more…]

Filed Under: Discipline
March 27, 2013 by

One Obscenity Does Not Equal One Day Suspension for Police Officer

By David Worley

In City of Pasadena, 131 LA 132 (Jennings 2012), the arbitrator found the City of Pasadena, Texas did not meet its burden in proving the grievant engaged in vulgar, disruptive, or obscene conduct despite the exchange of F-Bombs.  The standard here, which was “substantial evidence” as prescribed by the Texas State Supreme Court, the arbitrator ruled was clearly not met by the City.  The only evidence that put the grievant in any fault, apart from a single F-Bomb, was a suspect account by the other party involved, who all witnesses described as the aggressor.

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Filed Under: Arbitration Rulings, Discipline
March 15, 2013 by

Firefighter not Terminable for Subordinate’s Decision to Break Procedure, Causing Electrocution of Another Firefighter

By David E. Worley

The arbitrator in Osceola County, 131 LA 226 (Smith 2012) reinstated the highest ranked firefighter at a demonstration where another firefighter, the “engineer” broke from procedure in operating the boom ladder and accidentally caused serious injury to another firefighter. There was insufficient evidence to support the County’s position that the grievant had neglected his duties causing the injury of the other officer.     [Read more…]

Filed Under: Arbitration Rulings, Discipline
March 8, 2013 by

Termination Upheld for Deputy who Shared Internal Department Information with Relative Engaged in Bitter Custody Battle

By David E. Worley

Loose lips sink ships, and the Wright County Sherriff’s Office wants their ship water-tight.  In Wright County, 131 LA 410 (Befort, 2012), the termination of a Sherriff’s deputy who divulged law-enforcement information to her cousin and then clearly lied to investigators was firmly upheld.  The arbitrator here also made a finding concerning the admissibility of the evidence proving the grievant had actually divulged the information in question, finding although the evidence was improperly obtained, it was done so by a private citizen and is therefore admissible and not barred by the 4th amendment.

[Read more…]

Filed Under: Discipline
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