OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Criminal Conduct

Termination

Reinstatement With Back Pay

Officer terminated for neglect of duty and failure to comply with the law. Termination reversed because Civil Service Board member improperly placed burden of proof on officer, not employer.

Cunningham v. City of Chattanooga, 2009 WL 2922789 (Tenn. App. 2009).

Sick Leave Abuse

3-Day Suspension

3-Day Suspension

Department adequately notified officer of his sick leave difficulties where he was provided with four memoranda notifying him that his use of sick leave was suspect, that his pattern of behavior should cease, and that alleged illness would require notification.

City of Marion, 126 LA 1441 (Kalker, 2009).

Use Of Force

140-Hour Suspension

140-Hour Suspension

Officer discharged weapon three times at vehicle backing towards patrol car. Evidence supported decision of Civil Service Commission that the officer had acted too quickly and without sufficient consideration of the use of lesser means of force than shooting the suspect vehicle’s driver.

Ward v. Civil Service Commission of City of Tucson, 2009 WL 3051488 (Ariz. App. 2009).