Arbitrator upholds termination of police officer for off duty discharge of
weapon and lying
Arbitrator Andrea Mitau Kircher has
upheld the termination of a St. Paul MN police officer who had been accused of
firing a number of shots from his weapon into a fire pit while off duty and
admittedly inebriated. During the investigation of the incident he also
admittedly falsely told investigators that he was shooting blanks. While the
officer subsequently admitted the falsification, Arbitrator Kircher concluded
that the City had established just cause for the termination despite the
absence of any previous discipline. She noted "police officers are held to
a high standard of conduct, even off-duty. By discharging 10 rounds of live
ammunition in his backyard and lying about it to his investigating superiors,
the Grievant committed a violation of criminal law, created a potentially dangerous
situation, and adversely affected his reputation for honesty and the public
image he was sworn to uphold". Arbitrator Kircher's award can be found here.
Court overturns arbitrator, finds reinstatement contrary to public policy
According to news reports, a Massachusetts Superior Court judge has set
aside the award of Arbitrator Arnold Marrow reinstating a former Swansea, MA
police officer. The officer had been dismissed for a variety of alleged
infractions, including separate incidents of driving under the influence of a
narcotic, leaving the scene of an accident and obstructing a criminal
investigation. The Arbitrator concluded the penalty was more severe than the
ninety day suspension given another officer for driving under the influence and
as a result reduced the termination to a ninety day suspension. In overturning
the award, the Judge concluded "It is impossible for the court to
comprehend a rational basis for the arbitrator's decision to reduce
[Grievant's] termination to a mere suspension" and found anything other
than termination to be contrary to public policy. The Herald News and South
Coast Today report on the decision here
and here.
Prevailing in arbitration and the "Laurie List"
Two recent articles discuss attempts by police officers who prevailed in
arbitration to have their names removed from New Hampshire's "Laurie list", a
list maintained to enable authorities to turn over to defense counsel
information on police with potential credibility issues. The officers involved
in the cases discussed prevailed in arbitration, with arbitrators concluding
that the allegations against them were unsupported, but their names
nevertheless remained on the list. Fosters.com reports Officer
insists his credibility not an issue. The Union Leader reports Judge rules
to keep officers on Laurie list.
Arbitrator rejects grievance on Sergeant's pay
Arbitrator Margaret Nancy Johnson has denied a grievance filed by FOP
against the City of Chillicothe, OH. The grievance involved a dispute
concerning the proper interpretation of a newly negotiated provision of the cba
concerning compensation of police sergeants. In essence, the dispute turned on
whether advancement to the next step on the pay schedule for a sergeant would
be determined by their start date with the Department or the date of their
promotion to sergeant. Rejecting the claim of the FOP that the language of the
cba was unambiguous, the Arbitrator relied on bargaining history,
interpretation of other provisions of the agreement, and "principles of
contract interpretation" to conclude that the relevant date was the date
of the officer's promotion to the rank of sergeant. The Chillicothe Gazette
reports on the dispute here,
and links to the award here.
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