OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

12-Shift Suspension

No Discipline

Firefighter disciplined for calling in sick with a sore wrist on the first day of a three-day holiday and then being videotaped carrying bicycles, washing his truck, and engaged in other physical activities. Evidence did not establish that the firefighter’s activities were inconsistent with the reason he called in sick.

City of Rialto, 125 LA 550 (Gentile, 2008).

Off-Duty Employment

8-Day Suspension

Written Warning

Deputy working in off-duty job at grocery pursued customer who drove off without paying. Customer subsequently rammed deputy’s car and deputy fired three shots into the customer’s vehicle. Though employer’s policy prohibited off-duty arrests for misdemeanors, in light of the customer’s erratic behavior, deputy acted out of legitimate concern for public safety rather than in response to the theft.

Lawrence County Sheriff, 125 LA 304 (Harlan, 2008).

Vehicles

3-Day Suspension

3-Day Suspension

Officer who was third car in chase was involved in intersection collision with unrelated vehicle when the officer disregarded a traffic light. Officer was traveling at high speed and failed to use appropriate caution.

City of Houston, 125 LA 134 (Moore, 2008).