OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, On Duty

Termination

Termination

Highway Patrol trooper became involved in off-duty “road rage” incident with citizen. While on duty on two subsequent occasions, trooper inappropriately stopped the same citizen, issued citations, was profane, and inappropriately placed citizen in custody.

Casanova v. State Personnel Board, 2004 WL 161467 (Cal.App. 2004).

Insubordination

Termination

60-Day Suspension

Police officer failed to comply with Chief’s instructions to submit four written incident reports by a specific time. Officer had no discipline in prior 25 years of service.

Sickler v. Town of Hunter, 769 N.Y.S.2d 662 (N.Y.A.D. 2004).

Neglect Of Duty

15-Day Suspension

No Discipline

Officer allegedly failed to render all necessary police services in response to a victim’s allegations that she had been sexually assaulted. Complainant was unable to identify officer despite his unique physical appearance (distinctive handlebar mustache). Department ignored testimony of an eyewitness who eliminated the officer as a suspect.

Rivera v. Kelly, 2004 WL 64875 (N.Y.A.D. 2004).

Substance Abuse

Termination

Termination

Officer involved in alcohol-related single vehicle accident while off duty. Officer claimed he had not been drinking during a 3.5-hour stretch while dancing at a nightclub, and falsely claimed to have been forced off road by an 18-wheel truck. The Department had “no tolerance” policy for alcohol-related offenses.

Lamarr v. City of Memphis, 2004 WL 370298 (Tenn.App. 2004).