OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Termination

Sergeant responding to motorcycle accident involving off-duty officers approved of a police report containing false information as to the cause of the accident, and concealing the fact that the officers had been drinking. District Attorney’s office expressed reservations about the sergeant’s ability to testify in the future.

Gallardo v. City of Desert Hot Springs, 2008 WL 4997655 (Cal.App. 2008).

Driving Offense

Demotion

30-Day Suspension

Firefighter engaged in careless driving which the employer characterized as “racing.” Arbitrator was convinced that while the firefighter did drive carelessly, he was not “engaged in a contest of speed for sport.” Defense of disparate treatment was justified, mitigating the punishment.

City of Mesquite, Texas, LAIG 6665 (Bennett, 2008).

Substance Abuse

Termination

Termination

Firefighter used cocaine on several occasions and tested positive on a random drug test. Defense of post-traumatic stress disorder rejected.

Kelly v. Scoppetta, 866 N.Y.S.2d 770 (A.D. 2008).