OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, On Duty

Termination

Reinstatement With Back Pay

Officer terminated for making threats against another officer. Failure by employer to introduce “charging letter” at arbitration hearing made it impossible to determine whether employer had met burden of proof.

City of Pasadena, Texas LAIG 6242 (Campos, 2005).

Dishonesty

Termination

10-Day Suspension

Lieutenant terminated for improperly using pepper spray at the scene of a domestic violence call and dishonesty in not reporting the incident. The Arbitrator upheld use of force charge since there was no evidence of threatening behavior on the part of any individual, but concluded that the City failed to meet its burden of proving the lieutenant was deliberately dishonest in his “draft report.”

City of Cincinnati, LAIG 6273 (Newman, 2005).

Sick Leave Abuse

Demotion

Reinstatement With Back Pay

Fire lieutenant demoted for taking leave without notice during his regularly-scheduled shift and for falsifying time sheets. Past practice existed of allowing firefighters to run errands while on duty, and employer issued no directions on the issue until after demoting the lieutenant.

Town of Pahrump, LAIG 6243 (Jones, 2005).