OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Performance Of Duty

3-Day Suspension

No Discipline

Employer failed to interview employee suspended for failure to perform duties, and based disciplinary decision on reports from supervisors who did not speak to employee.

State of Montana, 122 LA 923 (Calhoun, 2006).

Sexual Misconduct

Termination

Termination

Officer contacted 15-year-old boy on the Internet, encouraged him to go to a bar, and stayed with the boy overnight. Officer’s defense that he was unaware of the boy’s age rejected in light of state law making ignorance of age no defense to charges of criminal sexual misconduct.

Police Officers Labor Council v. City of Wyoming, 2006 WL 2000136 (Mich.App. 2006).

Substance Abuse

Termination

Termination

Police officer tested positive for cocaine. Court rejected defense that cocaine had been placed in officer’s Kool-Aid without his knowledge.

In re Parkman, 2006 WL 2381925 (N.J.Super. A.D. 2006).