OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Performance Of Duty

Termination

Termination

Eighteen-year officer with two prior suspensions on record was involved in three performance incidents: (1) Failure to call an interpreter in an altercation involving Spanish-speaking civilian and English-speaking civilian; (2) taking 18 1/2 minutes to make a 2 1/2 minute drive to another incident; and (3) failing to conduct a thorough investigation of a stolen car incident. Arbitrator concluded that officer’s “work habits fluctuate from year to year without any particular consistency.”

City of Vallejo, California, 121 LA 1659 (Silver, 2005).

Sexual Misconduct

Termination

Termination

State trooper purchased subscriptions to numerous child pornography web sites.

Taylor v. New York State Division of State Police, 813 N.Y.S.2d 572 (N.Y.A.D. 2006).

Substance Abuse

Termination

Termination

Firefighter admitted that he had consumed and shared cocaine and marijuana over a ten-year period. Court rejected firefighter’s challenge that “obey all laws” regulation was unconstitutionally vague.

Gentilli v. Board of Police and Fire Commissioners of the City of Madison, 2006 WL 1228962 (Wis.App. 2006).