OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Overtime Submission

Counseling

No Discipline

Employer counseled officer that his submission of overtime slip for a doctor’s visit should not have been made to his precinct but instead to medical services department. Counseling constituted grievable discipline since the counseling advised officer that he would be charged with disobedience to orders if he committed the same offense again. Arbitrator concluded that officer substantially complied with City’s overtime submission policy.

City of Newark, 122 LA 242 (Smith, 2006).

Performance Of Duty

Termination

Reinstatement With Full Back Pay

Sixteen-year officer terminated for making an unlawful arrest. Arbitrator noted a “general disagreement” among witnesses as to whether the arrest was justified, and the City had never before terminated an officer because of a false arrest.

City of DeSoto, Texas, LAIG 6343 (Fragnoli, 2006).

Sick Leave Abuse

Termination

Termination

After being put on disciplinary probation for sick leave abuse, corrections officer used excessive sick leave days and failed to submit medical information when requested.

Dwyer v. County of Suffolk, 2006 WL 1413416 (A.D. 2006).