OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Insubordination

Termination

Termination

At-will deputy sheriff accused Sheriff of engaging in illegal conduct. Court rejected argument that deputy’s firing was an impermissible “political patronage” dismissal.

Mahaffey v. Winston County Sheriff’s Department, 2004 WL 859417 (5th Cir. 2004).

Performance of Duty

5-Day Suspension

Written Reprimand

Prisoner escaped after slipping out of a handcuff used to secure her to a chair while in court. The disciplined deputy, who had loosened the handcuff in response to the prisoner’s complaint of discomfort, had not been told by another deputy on the scene that some time earlier the prisoner had previously slipped out of the handcuff. Decided on disparate treatment basis and because of Arbitrator’s doubts about enforceability of employer’s rule that deputies keep their eyes on their prisoners at all times.

Milwaukee Deputy Sheriffs Association, Case 533 (Wis. ERC 2004).

Untruthfulness

Termination

1-Year Suspension

Officer fired on basis of 16 departmental charges arising out of an arrest stemming from a traffic inquiry. Though Arbitrator concluded that City proved that employee had filed a false report and, to protect himself from civil liability, had knowingly filed false criminal charges against the two people he arrested, the Arbitrator also concluded that the City had not proven several other of the charges against the officer. The Court rejected the “public policy” challenge to Arbitrator’s decision.

City of Boston v. Boston Police Patrolmen’s Association, 805 N.E.2d 527 (Mass.App. 2004).