OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Performance Of Duty

Termination

Reinstatement With Back Pay

Officer discharged for making improper warrantless entry of house of individual who was suspected of domestic violence. Employer did not interview occupants of house or any witnesses besides sergeant who was with grievant, and did not call sergeant (who ordered grievant to enter the house) as a witness in arbitration hearing.

City of Atlantic Beach, 121 LA 105 (Hoffman, 2005).

Sexual Misconduct

Termination

Reinstatement With Back Pay

Firefighter terminated for off-duty unwanted sexual behavior with homeowner. Homeowner did not testify in arbitration hearing. Arbitrator concluded firefighter’s sworn denial of charges outweighed notes taken by Chief during investigatory interview of homeowner.

City of Minneapolis, 121 LA 77 (Befort, 2005).

Untruthfulness

Termination

90-Day Suspension And Demotion

Sergeant terminated for falsely stating in personnel investigation that he had formally interviewed certain witnesses, and for misattributing statements to members of the Sheriff’s Office. Personnel commission found that sergeant’s report was “admittedly abysmal” and “showed significant carelessness,” but was not intentionally untruthful.

City of Fort Worth, LAIG 6131 (Goodman, 2004).