OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Termination

Officer stopped and falsely arrested a minor female for driving while intoxicated and was dishonest during the subsequent investigation of the minor’s complaint. Complainant passed a polygraph examination; officer failed test. While the Arbitrator did not believe that polygraphs are scientifically foolproof, he held there was sufficient independent evidence of the officer’s untruthfulness.

City of El Paso, LAIG 6514 (Detwiler, 2007).

Sick Leave Abuse

3-Day Suspension

3-Day Suspension

While on sick leave, officer worked in local canine training academy. Officer’s defense that ban on secondary employment while on sick leave only applied to security jobs rejected by Court.

Miller v. North Little Rock Police Department, 2007 WL 2156404 (E.D.Ark. 2007).

Substance Abuse

Termination

Termination

Firefighter consumed alcohol while on duty, including a bottle of vanilla extract; blood alcohol tested at 0.45 percent. Fact that employer offered last-chance agreements to other employees that allegedly engaged in worse misconduct not a defense to the discipline.

Childers v. Hayes-White, 2007 WL 1649285 (Cal.App. 2007).