OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Termination

Fire captain urinated into shower stall occupied by another firefighter, engaged in sexual dialogue with female firefighter involving zucchini, and failed to stop the practice of firefighters “humping” each other. Court determined that consensual nature of “humping” did not make the captain’s toleration of the behavior acceptable.

Odgen City Corporation v. Harmon, 2005 WL 1404604 (UtahApp. 2005).

Discipline

Termination

Reinstatement Without Back Pay

Officer terminated for releasing K-9 dog on a suspect who was handcuffed. Civil Service Board determined that a videotape of an officer claiming to have handcuffed the suspect was coerced, and that eyewitnesses corroborated the fact that the suspect was not handcuffed. Back pay denied because Civil Service proceedings continued at officer’s request pending resolution of criminal charges.

City of Laurel v. Brewer, 2005 WL 1499761 (Miss.App. 2005).

Criminal Conduct

Termination

Reinstatement With Back Pay

Trooper alleged to have converted to personal use a handgun seized as evidence. Charges dismissed because employer failed to lodge them within the time limit of a three-year statute of limitations provided by State law.

California Highway Patrol v. California State Personnel Board, 2005 WL 1358949 (Cal.App. 2005).