OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

68-Day Suspension

Officer terminated for lying to Chief about nature of his physical condition, which involved a narcotic dependency, and for not providing fitness-for-duty evaluation to the City. In fact, officer participated in evaluation, but doctor mistakenly sent results to County instead of City. As a result, termination was mitigated to suspension.

City of Isanti, Minnesota, 120 LA 461 (Daly, 2004).

Performance Of Duty

Termination

Termination

Fire recruit terminated after he failed five tests during the Academy, including a written examination, knot tying, circuit examination, and donning SCBA. Recruit did not fully take advantage of offers from Department for remedial training.

Brown v. St. Paul Department of Fire and Safety Services, 2004 WL 2940873 (Minn.App. 2004).

Sexual Misconduct

Termination

Termination

Deputy sheriff engaged in unwanted on-duty sexually-explicit conversation with security guard, and made false “and/or” incomplete statements during internal affairs investigation. Court concluded that deputy’s conduct was at a minimum unprofessional, and as the conversation with the security guard lasted 35-40 minutes, “demonstrated a profound lack of judgment.”

Terrusa v. Los Angeles County Civil Service Commission, 2004 WL 2828936 (Cal.App. 2004).