OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

3-Day Suspension

No Discipline

Officer suspended for using profane language at juveniles under arrest for the beating of a teenager. Contrary to Texas law, the complaint against the officer was not in writing and signed by the individual making the complaint. Arbitrator declined to consider the officer the “complainant” because he reported the incident to his supervisor.

City of Hurst, Texas, LAIG 6522 (Moore, 2007).

Dishonesty

Termination

Termination

While off duty, SWAT officer took his gun case, with an AR-15 inside, to have his name embroidered on the case. Gun accidentally discharged, shooting the shop owner in the abdomen. Officer subsequently blamed the shop owner for telling him to remove the gun from the bag, blamed his employer for not training him on the AR-15, and denied his finger ever engaged the trigger.

Operating Engineers Union, Local No. 3 v. County of Monterey, 2007 WL 3020036 (Cal.App. 2007).

Fraternization

Termination

Termination

While visiting her brother, who was incarcerated in a state prison, a booking clerk at a county correctional facility met her brother’s cell mate, and later married him. No discussion of constitutionality of employer’s fraternization rules.

Graham v. San Diego County Civil Service Commission, 2007 WL 2600672 (Cal.App. 2007).