OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Criminal Conduct

Termination

Reinstatement With Back Pay

Officer accused of having sex with prostitutes. Arbitrator found lack of clear and convincing evidence that conduct occurred, particularly where prostitute’s reputation for dishonesty discounted her testimony, and where officer testified in a credible manner. Arbitrator also held inadmissible captain’s recitation of prostitute’s statements, finding that hearsay should not be admissible in termination cases except in the most extreme circumstances.

City of Oklahoma City, 123 LA 24 (Walker, 2006).

Driving Offenses

5-Day Suspension

5-Day Suspension

Officer backed into mailbox. While such an offense ordinarily would not have warranted a suspension, officer had ten accidents in last four years, six of which occurred after he went to remedial driver’s training.

City of Richmond Heights, 123 LA 232 (Lalka, 2006).

Use Of Force

5-Day Suspension

5-Day Suspension

Suspension appropriate for deputy who shot and wounded Labrador retriever where other options, including kicks and impact weapons, were available. Defense of disparate treatment rejected where other incident cited by deputy involved the justifiable shooting of a raccoon, even though the shots in the other case were negligently fired and punctured an above-ground pool.

Warren County Sheriff’s Office, 122 LA 1451 (Wren, 2006).