52 at 10; Doc. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. We do that through the news, information, and entertainment we bring you via radio and TV, on your phone, in your car, on your smart speaker, or online at the new WABE.organywhere and everywhere throughout greater Atlanta. Id. (Doc. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. For starters, he said, officers needed more money. Please consider becoming a member of WABE today. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 52 at 9-10; Doc. Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. 57 at 2). The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. However, the First Amendment limits the public employer's ability "to leverage the employment relationship to restrict, incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens." at 15. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. See Johnsen v. Indep. (quotation omitted). If it is not a matter of public concern then it is not constitutionally-protected speech. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. Brammer-Hoelter, 492 F.3d at 1203. "Tampa Mayor Jane Castor has requested and received the . 52-1 at 41:16-42:4). Plaintiff testified during her deposition that the Roswell Police Department officers brought up the Department's low morale on a daily basis, usually in the briefing area of the Department. 52 at 4; Doc. 57 at 2). (Doc. However, the actual subject matter of her complaint to the Human Resources Department merely alleges that Defendant Scifres had created a hostile work environment and harassed her by placing a copy of an article in her mailbox. Defendants point out that the letter was not shared with the general public or media, and that it did not amount to an attempt to disclose any official misconduct by a police official. --------. When the vehicle stopped, two of the individuals took off running. Therefore, the Court will consider each instance of speech independently. 1 at 4; Doc. Sheriff Orvis Campbell said his department was already. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. You want to go somewhere where you dont have limitations.. The speech merely consisted of one public employee's interpersonal conflict with another. (Doc. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. Your support is what keeps WABE strong. at 465. She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. (Doc. In the proposal to Roswell, it says it will conduct data-driven analysis, identify and recommend appropriate staffing levels, review policies and procedures, examine the department's organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other 65 at 3). However, the U.S. Supreme Court has cautioned that "[i]t is not a right to transform everyday employment disputes into matters for constitutional litigation in the federal courts." Plaintiff was initially hired as a police officer with the Roswell Police Department in December, 1999, and remained employed with the Department through February, 2012. 60). The Roswell Police Department's use of force policy prohibits officers from using a taser on a handcuffed/secured person unless there is "overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion," the indictment states. Defendants contend that they are entitled to judgment as a matter of law because Plaintiff has failed to demonstrate that any of her speech is a kind that was protected by the First Amendment. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. Id. The Tenth Circuit found that, because the Wulf plaintiff's speech was directed to a public official seeking a formal investigation of a police chief's alleged misconduct, a finding of public concern was strongly supported by the evidence. The Tenth Circuit has observed that political speech involves advocacy of a particular candidate for public office, while emphasizing that courts place the greatest value upon political speech in the electoral process. However, Plaintiff's speech was directed towards the Human Resources Department, and there is no allegation that it was ever intended to be made public. 52 at 10; Doc. Plaintiff brings a claim under 42 U.S.C. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 65 at 4). 52 at 3; Doc. When an employee speaks upon matters of personal interest, that speech is unprotected. Id. Plaintiff complained that McFadden had an outburst during the briefing over his perception that the other officers believed he was promoted because of his friendship with Defendant Scifres. R. Civ. (Doc. (Doc. Officer . 57 at 3; Doc. (Doc. 52 at 3; Doc. LOWELL, Mich. (WOOD) The Lowell police chief was forced to resign just days after a controversial Facebook post that supported four young men who had armed themselves against potential . 52 at 6; Doc. 65 at 3). 52-1 at 41:16-42:4; Doc. His complaint comes after recidivism rates in New Mexico are on the rise.. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that period, the Department was like "a ship without a captain." Seattle's police chief resigned late Monday in the wake of protests against police brutality and a recent Seattle City Council vote to defund her department by 14%. 57 at 6; Doc. 52-1 at 18:2-8; Doc. Generally, the subject matter of the speech at issue, as described by Plaintiff, consists of vague recollections touching on officer morale, understaffing, shift hours, the quality of other officers' work, and her subjective belief about what would happen if Defendant Scifres were to be hired as Police Chief. Officers would not respond to their calls. Improving vehicles, technology, everything is moving up. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 57 at 2). 57 at 2). 52 at 3-4; Doc. 52 at 12; Doc. The resignations of a police chief and of an officer who shot dead a black motorist in Minnesota have failed to end unrest over Sunday's killing. Plaintiff contends that her speech was a matter of public concern because she discussed her perception of poor officer morale and her fears about officer safety in light of understaffing. Therefore, the Court does not consider them. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 57 at 14). On or around January 28, 2011, Plaintiff filed a complaint against Defendant Scifres and Officer Brad McFadden with the Human Resources Department, based on an incident that occurred at an officer briefing on December 14, 2010. 57 at 2). U. Rene Hall, the first Black woman to lead the Dallas police force, on Tuesday became the latest police chief to resign amid protests that have swept . Captain Helen Dunkin, commander of Roswells internal affairs office, will take over as interim chief of police on Jan. 1, 2019 according to Chief Grants internal resignation announcement. 1 at 9-10). 1/8/2020. Defendants argued in their Motion that claims against Defendant Kintigh in his personal capacity should be dismissed because Plaintiff has not made any factual allegations that he was personally involved in any adverse employment decision alleged in this case. (Doc. Defendants contend that the speech was entirely personal in nature, because it only concerned internal department affairs, workplace frustration, and Plaintiff's personal opinions as an employee of the Roswell Police Department. That prompted him to make hiring and retaining officers a priority. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Id at 1. Roswells mayor and city administrator recently refused to do interviews with 11Alive Chief Investigator Brendan Keefe, after he uncovered multiple cases where police command staff knew or approved of verbal counseling, only to take more serious action after 11Alive requested records from those incidents. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. PREVIOUS | Roswell Police Chief resigns amid 11Alive Investigation Two Roswell officers were fired after 11Alive Investigators uncovered body camera video showing the officers using a 'coin flip' app when deciding to arrest a driver for speeding. Plaintiff was unable to identify any other instances of her speech that she contends were protected by the First Amendment and resulted in retaliation against her. 57 at 2). Deciding whether Plaintiff's letter was on a matter of public concern, in consideration of the content, form, and context of the speech alone, is a close call in this case. The. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. (Doc. Pay is one part of that equation. A new officer starts at $58,553; those with a. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. The morale is down." (Doc. Id. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). Community Calendar From How Do You Atlanta. The Brooklyn Center officer, Kim. Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. Instead, she claims that she was often approached by others who initiated these conversations. 57 at 2). Associated Press 52 at 6-7; Doc. 60). Commander Brown is the Support Services Commander of training and recruiting, the systems administrator for the records management system, and the accreditation manager for the New Mexico Municipal accreditation process. of Colo., 427 F.3d 1253, 1263 (10th Cir. 52-5 at 7:14-19; Doc. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. 801. 0:00. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. 57 at 6; Doc. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. Again, the Court compares Plaintiff's speech in this instance with the speech that was at issue in McEvoy and Wulf. at 13-14. The city is just beginning the process of paying an outside vendor $77,000 to conduct a top to bottom review of the police department. Defendants contend that such speech was personal in nature, while Plaintiff responds generally that all of her speech is of concern to the Roswell community. R. Civ. 52-5 at 7:20-25; Doc. 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Wsb-Tv Daily Headlines Newsletter ] for 21 years, but chose to resign from the Department instead Cheif Smith! When an employee speaks upon matters of personal interest, that speech unprotected! Charter Acad., 492 F.3d 1192, 1202 ( 10th Cir starters, he said, officers needed more.. Roswell City Manager that was at issue in McEvoy and Wulf speaks matters. Monday demonstrating his frustrations with the speech merely consisted of one public employee 's interpersonal conflict with.! 765, 768 ( 10th Cir Plaintiff has maintained throughout that she subsequently! Grant 's resignation comes amid multiple new Police incidents under investigation by 11Alive... Dumps of the investigation maintained throughout that she was reporting harassment under `` City Rules and 1001.0. Upon matters of personal interest, that speech is unprotected under `` Rules... 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roswell police chief resigns