Archives for March 2013

March 29, 2013 By

Forced Retirement of Police Officer for Anxiety Disorder Improper

By David E. Worley

In Keseker v. Marin Community College District (27 AD Cases 421 (N.D. Cal. 2012)), the California Federal District Court refused to dismiss a lawsuit brought by a former police officer who claimed he was unfairly forced to retire because of an anxiety disorder that made him not fit for duty.  He claimed the employer violated the ADA in failing to provide him with reasonable accommodations, failing to engage in the interactive process, wrongful termination, and discriminating against him based on his disability.  [Read more…]

Filed Under: Disability Discrimination, Discrimination
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.

[Read more…]

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
March 1, 2013 By

Former Police Chief’s Free Speech Retaliation Claims Survive Summary Judgment When Adverse Actions Occurred Immediately after Actions That Ruffled Some Feathers.

By David E. Worley

In Carroll v. Clifford Township, 34 IER Cases 1118 (M. D. Pa. 2012), summary judgment was denied when the plaintiff, the former sheriff, had his position eliminated, his department budget reduced, and was denied entry into the Fraternal Order of Police after filing a lawsuit against the township and subsequently filing an earlier retaliation lawsuit.  

[Read more…]

Filed Under: Discipline, Prediscipline procedure