OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, On Duty

30-Day Suspension

30-Day Suspension

Although police officer was not involved in murder-suicide investigation, he obtained crime scene photographs and forwarded them to a civilian despite being told by an investigator that the photographs should not be distributed outside the Department. Officer’s defense that investigator only received a one-day suspension rejected on the grounds that the investigator was not similarly situated.

In re Curry, 2010 WL 1031012 (N.J. Super. A.D. 2010).

Dishonesty

Termination

Termination

Officer who had previously been warned about dishonesty lied both to a citizen and a supervisor about an incident. Arbitrator rejected Union’s argument that progressive discipline should be followed in an untruthfulness case.

City of Springfield, Ohio, FMCS Case No. 09-02052 (Nowel, 2010).

Insubordination

Transfer

Rescission Of Transfer

Fire lieutenant with 26 years’ service gave on-duty television interview critical of the employer’s decision on a station closure. Lieutenant had accepted a 24-hour suspension for the same event, and the employer gave conflicting reasons for the transfer.

Orange County Professional Firefighters Association, LAIG 6846 (Gudenberg, 2009).