OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absence From Work

Termination

Reinstatement

Officer terminated for being absent without leave. Court concluded that employer was aware that officer was absent because a restraining order prohibited him from carrying a firearm, and that officer properly communicated with employer about reason for absence.

Town of Barnstable v. Personnel Administrator, 56 Mass.App.Ct. 1106 (Mass.App. 2002).

Conduct Unbecoming Off Duty

25-Day Vacation Forfeiture

25-Day Vacation Forfeiture

Off-duty officer, while shopping, made threatening remark to employee, addressed persons in the store in an ethnically offensive manner, and inappropriately displayed his service weapon.

Mahadio v. Kerik, 748 N.Y.S.2d 494 (App.Div. 2002).

Racial Harassment

10-Day Suspension

No Discipline

Officer accused of making racial slurs against Haitians. City did not transcribe internal affairs interview, as required by statewide bill of rights. Officer testified he provided exculpatory account during interview, and other witnesses to the incident were not credible.

City of Palm Beach Gardens, 117 LA 929 (Abrams, 2002).