OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Reinstatement Without Back Pay

Police officer obtained answers to recertification examination for operation of breathalyzer but did not necessarily use them. Testing for renewal permit was not taken seriously by testers, and finding of officer’s misconduct under these circumstances would not be subject to required production in criminal prosecution. Other officers who committed similar or more egregious offenses were almost all returned to their jobs.

Jackson Township, 122 LA 1226 (Ruben, 2009).

Excessive Force

Termination

Reinstatement With Back Pay

Correctional officer terminated for assaulting prisoner. Arbitrator concluded that photo lineup was flawed, polygraph was of little value, prisoner did not testify and had great deal to gain from accusing officer, there was no physical evidence of assault, and supporting evidence came from witness who admitted feeling threatened and intimidated and then was rewarded for his testimony against the officer.

Department of Justice, 126 LA 1386 (Fowler, 2009).

Supervisory Failure

Demotion

Demotion

Male corporal had female subordinate remove her duty belt and unbutton her shirt, and then placed his hand inside her ballistic vest, thereby touching her body, to demonstrate that her vest was not properly fitted. Arbitrator rejected explanation that there was a safety need to adjust female officer’s vest.

City of Mission, 122 LA 1372 (Jennings, 2009).