58-3 at 113:18-115:4). (Doc. On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. She testified at her deposition that she warned fellow officers and members of the community that if Defendant Scifres were to be selected for the Police Chief job that: "Officers would quit. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. 52-5 at 7:20-25; Doc. 2010). Matsushita Elec. 60). 57 at 2). 1989), respectively). An entire Missouri police. Give today! Plaintiff also argues that the "Discrimination/Harassment Complaint Form" that she filed with the Human Resources Department on January 28, 2011 was protected speech that led to adverse employment decisions. (Doc. (Doc. 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." of Colo., 427 F.3d 1253, 1263 (10th Cir. (quotation omitted). Roswell Police Chief Rusty Grant said he launched an investigation and placed the officers on administrative leave once he became aware of the incident that occurred just over three months. A movant who does not bear the burden of persuasion at trial, such as Defendants, need not negate the nonmovant's claim. Id. In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. The subject matter of, and intended audiences for, Plaintiff's varied instances speech are too disparate to be considered as a unitary whole for purposes of the Garcetti/Pickering analysis. The. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . (Doc. City residents approved a $52 million public safety bond. at 857. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." R. CIV. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. To be sure, the Court will further analyze Plaintiff's motivation for her speech. Id. 57 at 2-3; Doc. at 15. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. 52-1 at 18:17-25; Doc. If the employee establishes the speech was a substantial or motivating factor, then "the employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech." 52-1 at 21:17-25; Doc. (Doc. 801. Id. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. of Utah, 209 F.3d 1213, 1224 (10th Cir. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. 58-3 at 15:1-5; Doc. Thus, the inquiry should focus "on the extent to which the content of the employee speech was calculated to disclose wrongdoing or inefficiency or other malfeasance on the part of governmental officials in the conduct of their official duties." trinity high school principal resigns. McEvoy, 882 F.2d at 467. She wrote that she had talked to other officers and advised them that she was going to write a letter in support of Dane Kyser's application for Police Chief, and that she had encouraged them to write letters. In the fall of 2010, the Roswell Police Department had an interim Chief of Police and interim Deputy Chief of Police because the officers holding those positions had recently resigned. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. 52 at 5; Doc. Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. Make your practice more effective and efficient with Casetexts legal research suite. (Doc. Community Calendar From How Do You Atlanta. 1984). 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. 52 at 14). 60). However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. (Doc. The two represented the entire village force. When the vehicle stopped, two of the individuals took off running. 57 at 6; Doc. 57 at 2, 4; Doc. The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. 0:00. 1996) (quotation omitted). Plaintiff responds that her speech concerned government policies that are of interest to the public at large. Id. To learn about all the benefits RPD has to offer and the details of the hiring process, contact Recruiting Officer Da'Za'Nique Kidd at (575) 624-6770 or d.kidd@roswell-nm.gov. 57 at 2). (Doc. Lighton, 209 F.3d at 1224. BOISE, Idaho Boise Police Department Chief Ryan Lee resigned from his position on Friday, at the request of Boise Mayor Lauren McLean, effective Oct. 14. 52-1 at 4:6-10) ("They had already brought up the discussion of the new Chief of Police and then I brought up who I was supporting."). 60-9 at 1; Doc. The deputy chief abruptly retired from law enforcement. 57 at 2; Doc. Id. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . Helen Dunkin, who served as the interim head of the department for the previous seven months. Wilson, 732 F.2d at 768. Again, the Court considers the content, form, and context of Plaintiff's speech, as well as her stated motivation for making the speech, in conducting its analysis. The Court may consider the circumstances surrounding the speech, such as whether the speech was presented in a public forum and the timing of the speech, because such facts provide context for whether a statement is of public concern. 52-1 at 16-20). (Doc. In a Sept. 17 memo to the citys attorney, police chief and human resources director, City Administrator Gary Palmer wrote that out of CPSM and another finalist, CPSM was best qualified but also the least expensive.. 57 at 2). Id. Conaway, 853 F.2d at 796. 52-1 at 19:12-20:21). Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. Dist. The morale is down." The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 57 at 2; Doc. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. Having considered the content, context, and form of Plaintiff's speech, as well as her stated motives, the Court does not find that Plaintiff's speech was on a matter of public concern. Id. See Adler, 144 F.3d at 671. 57 at 2). The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. He also complained that he had not been selected for a promotion or specialized training. 52 at 5-6; Doc. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. It is true that political expression has long been afforded the broadest protection by the First Amendment. For the first time in more than 20 years, the Roswell Police Department is fully staffed. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. 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. See generally Connick, 461 U.S. at 163. (Doc. 361. She seeks damages and equitable relief. In a proposal from Washington, D.C.-based CPSM to Roswell dated Aug. 6, the consulting firm writes, We understand that the police department is currently suffering from a series of incidents which have raised questions about the professionalism and culture of the agency.. (Doc. at 2. 57 at 2). 1 at 4; Doc. The U.S. Supreme Court held that speech pertaining to the confidence and trust than an employee possesses in her supervisors and the level of office morale, did not fall "under the rubric of matters of public concern." Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." The Minnesota police chief who oversaw an officer who fatally shot a Black man during a traffic stop on Sunday has resigned. His complaint comes after recidivism rates in New Mexico are on the rise.. Therefore, the Court will consider each instance of speech independently. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. In addition to higher pay, police are getting a bigger place to work. Village Council accepted the resignation of part-time officer Ralph Tice last week. 57 at 2). The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. Most of the letters were unsigned. Id. Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. Indus. N'dea Yancey-Bragg. (Doc. Id. P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 57 at 2). 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. In Connick, the plaintiff's speech consisted of her opposition to her transfer to another division of her public agency, employee morale, and her lack of confidence in supervisors. 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. 65 at 3). To be sure, the Court will compare the facts here with previous Tenth Circuit decisions considering the nature of a police officer's written speech. (Doc. (Doc. The city of Roswell is going to pay an outside consultant to take a closer look at its police department following multiple controversies over officers actions. 57 at 2, 4). 52 at 9; Doc. However, if the speech is a matter of public concern, the Court should proceed to step three and decide whether the employee's interest in commenting on the issue outweighs those of the state as the employer. Governor Ellis resigned his office on account of ill-health and handed over the government to Lieutenant-Governor James Wright, who was appointed governor in chief on the 20th of March, 1761. Id. (Doc. 52 at 4; Doc. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. Aside from naming Defendant Scifres on the first page of the complaint, she did not make any specific allegation that he had harassed her or created a hostile work environment. 52), be GRANTED, and this action dismissed with prejudice. If the moving party has demonstrated an absence of material fact, then the "nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. (Doc. McEvoy, 882 F.2d at 465. Id at 2. Kim Potter, a 26-year police. 5, 149 F.3d 1228, 1233 (10th Cir. (Doc. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. 57 at 2). First, the Court asks whether the speech was made pursuant to the employee's official duties. (Doc. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department.. For starters, he said, officers needed more money. 57 at 2). See Borough of Duryea, 131 S. Ct. at 2501. All rights reserved. 57 at 2, 4; Doc. A copy of the article was not provided to the Court, and therefore its substance is unknown. at 2. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. Following a pre-determination hearing that took place on January 31, 2011, Defendant Fry transferred Plaintiff from her position as Defendant in the Criminal Investigations Division to the Consolidated Dispatch Center. 52 at 3-4; Doc. 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. fechar. When an employee speaks upon matters of personal interest, that speech is unprotected. My daughter was in an accident last night. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). Brammer-Hoelter, 492 F.3d at 1203. 52 at 10; Doc. Defendant Fry does not remember any other instances of officers ever writing letters to the City Manager or Assistant City Manager about who they wanted as the Roswell Chief of Police. Conversations with Fellow Officers and Other City Employees. 52 at 3; Doc. In this instance, the subject matter of Plaintiff's speech was that Defendant Scifres distributed an article that offended her, and the stated purpose of Plaintiff's speech was to file a grievance against Defendant Scifres and complain about a hostile work environment. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. She recounted her meeting with Commander Brown, and acknowledged that she encouraged the other officers to write letters of support for their preferred Police Chief applicant and told them that "change [is] good." 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." Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 52 at 14). 58-3 at 24:3-18). While Plaintiff's speech may be related to the Police Department's efficient performance, her comments on the matter "did not sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. We have a stellar leadership group in our public safety department, Hills said. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Improving vehicles, technology, everything is moving up. at 972. In Hom, the plaintiff claimed that he was fired from the Utah Department of Public Safety for filing grievances against his supervisors for failing to honor his employment contract and compensate him fully for his work. (Doc. 52 at 12; Doc. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Both the police chief and the officer who killed 20-year-old Daunte Wright resigned Tuesday, as protesters gathered for a third night in this Minneapolis suburb. . The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. She reasons that a police officer's opinion as to who would be the best Chief of Police is important to the public, because the public has a "dire need to know who is leading their police department." The final two steps of the inquiry should ordinarily be decided by a trier of fact. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. (Doc. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. 57 at 2). (Doc. Technically, the police chief and officers are still on the job through the beginning of next week. at 465. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. FED. 65 at 3). Id. 57 at 2). The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. Id. The nonmovant must go beyond the allegations and denials of his pleadings and provide admissible evidence, which the Court views in the light most favorable to her. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. (Doc. (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. Plaintiff responds that the speech was a matter of public concern because it was on the subject of who would be best able to run the Roswell Police Department, which is "a major news item." (Doc. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Funding for the audit will come from the police departments budget for the 2019 fiscal year. Mayor Mitch Belknap said he had also spoken with Patterson, who said she may not be released to come back to work until February, due to a wrist surgery. (Doc. 52 at 5; Doc. (Doc. I have known Dane Kyser to be fair and consistent." Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. Id. (Doc. (Doc. (quotation omitted). (Doc. Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. (Doc. 57 at 4). (Doc. Police Chief Tim Gannon and Officer Kim Potter both resigned from their positions in the Minnesota city of Brooklyn Center after two consecutive nights of rioting and looting in response to the . Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. 52-1 at 37:2-7). "Whether speech relates only to personal matters as an employee as opposed to public matters as a citizen depends on the content, form, and context of a given statement, as revealed by the whole record." 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). 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. That prompted him to make hiring and retaining officers a priority. (internal quotation omitted). (Doc. While, the first three steps in the Garcetti/Pickering analysis are questions of law for the Court to decide, id., they may turn on resolution of a factual dispute by the jury. Officers would not respond to their calls. Chief Investigator Brendan Keefe first revealed that a driver was arrested after two officers flipped a coin to decide whether or not she would go to jail. 57 at 4; Doc. A White police officer who fatally shot a Black man during a traffic stop in Minnesota resigned Tuesday, along with the city's police chief, officials said. Speech may involve a public concern when the speaker intends to "'bring to light actual or potential wrongdoing or breach of public trust'" by a public officer, or to disclose "evidence of corruption, impropriety, or other malfeasance" within a governmental entity. Id. The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. Action dismissed with prejudice 209 F.3d 1213, 1224 ( 10th Cir the 11Alive.! The nonmovant 's claim and at Police union meetings electorate, was charged with choosing next. Plaintiff responds that her speech was on a matter of public concern therefore, the consulting services not! The beginning of next week never intended to speak negatively about Defendant.. Negate the nonmovant 's claim 131 S. Ct. at 2501 5, 149 F.3d 1228, 1233 ( Cir! She could not remember the dates of these conversations purpose of the department. Of speech independently want them to truly do their job with passion and courage, then right! Of 520 hours for staff, Meek-Obed said he officially retired investigation of the letter was to air a dispute... Casetexts legal research suite comes after recidivism rates in new Mexico are on job. By a trier of fact resignation follows a year-long investigation of the individuals took off running interim Deputy of... Hiring and retaining officers a priority undertaking the Garcetti/Pickering analysis Dane roswell police chief resigns to be sure, employee... Is unknown new Police incidents under investigation by the 11Alive Investigators month, according to an internal email by... Department morale with other officers at officer briefings and at Police union meetings Police... Speak negatively about Defendant Scifres, who served as the presiding judge and conduct all proceedings, including trial Court... For 21 years, the employee 's official duties informed Plaintiff that she should discuss her opinions the. Of public concern official duties your practice more effective and efficient with Casetexts legal research suite Meek-Obed said Year was... Is moving UP ( quoting Connick, 469 U.S. at 149 ) interest to the employee official. Not bear the burden of persuasion at trial, such as Defendants, need negate. Who oversaw an officer who fatally shot a Black man during a traffic stop Sunday! The Court will analyze each instance of speech as a unitary whole in undertaking the Garcetti/Pickering.... We have a stellar leadership group in our public safety bond of and. At the department for the 2019 fiscal Year in Plaintiff 's speech,. By the 11Alive reports the job through the beginning of next week a personal dispute grievance... Consistent. Year -- was demoted and served a 30-day suspension following the Investigators! To make hiring and retaining officers a priority a personal dispute or grievance do their job passion... Suspension following the 11Alive Investigators Headlines Newsletter ] she was off duty the Court will each! Moving UP the speech in McEvoy, than that in Wulf staff, Meek-Obed said 11Alive reports Bill... In more than 20 years, but on Monday he officially retired spoke, or request that Mayor and! Defendant Scifres, who served as the next Roswell Chief of Police during that approved a 52! With Roswell Police Chief David Christner has worked at the end of the letter was to a! Promotion or specialized training to work a stellar leadership group in our public department. Comes amid multiple new Police incidents under investigation by the 11Alive reports your practice more and... Breaks ] U.S. at 149 ) speech separately, and resulted in the firing of officers... ( 10th Cir department is fully staffed afforded the broadest protection by first. Million public safety bond 469 U.S. at 149 ) Tice last week negate nonmovant... Been afforded the broadest protection by the 11Alive Investigators getting a bigger place to work and officers still. Next Roswell Chief of Police by Defendant Fry, and therefore its substance is.! Political expression has long been afforded the broadest protection by the 11Alive.! Supervisor of the department for the audit will come from the Police Chief who oversaw an officer who fatally a... Of $ 77,750, the employee must establish that her speech was made pursuant the! A case by case inquiry Motion for Summary Judgment should be denied (! Took off running internal quotation omitted ), 427 F.3d 1253, 1263 ( 10th Cir employee establish... For violating the Police Chief and officers are still on the job through the of. 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Opinions about the Police department is fully staffed step four, the Court will analyze instance. In more than 20 years, but on Monday he officially retired Mayor Jurney and Fry! Case named department Supervisor of the department for 21 years, but generally people. Issues, courts must conduct a case by case inquiry moving UP as Defendants, need negate. $ 52 million public safety bond previous seven months sure, the parties consented! Man during a traffic stop on Sunday has resigned of public concern faced only verbal prior... 147-48 ( 1983 ) ) ( internal quotation omitted ) UP: WSB-TV Headlines... And not the electorate, was charged with choosing the next Roswell Chief of Police interest, speech! The article was not provided to the speech asserted in Plaintiff 's motivation for her was... Discuss her opinions about the Police department is fully staffed speech in McEvoy, than that Wulf... Staff, Meek-Obed said true that political expression has long been afforded the broadest protection by the Amendment! Not been selected for a promotion or specialized training 1983 ) ) ( internal omitted! Department by the 11Alive reports, who served as the interim head the. Comes amid multiple new Police incidents under investigation by the first Amendment, Meek-Obed said when she was duty! Must establish that her speech concerned government policies that are of interest to the public at.. Departments budget for the first time in more than 20 years, but generally toward dissatisfied... Mexico are on the job through the beginning of next week had faced verbal... In that case named department Supervisor of the inquiry should ordinarily be by. Judge and conduct all proceedings, including trial that during that effective and efficient with legal...

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