I have known Dane Kyser to be fair and consistent." After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. One of the things that was very clear from my perspective was, as a resident, somebody needs to protect the police, Wilson. Id. 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 . Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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 2). Mondays move by the council comes after former members of the police department were involved in a handful of controversial incidents in the past year. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 52-5 at 4:4-10; Doc. (Doc. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. Feb 26, 2023. 57 at 13). After considering the content, form, and context of the speech in Plaintiff's January 5, 2011 complaint, as well as Plaintiff's stated motive for the speech, Plaintiff's speech was not on a matter of public concern. PREVIOUS: Teen following police commands is brutally attacked by Roswell K-9. 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 . Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 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. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. Defendants move for summary judgment on the basis that Plaintiff's speech was not protected by the First Amendment because Plaintiff has failed to demonstrate that any of her speech touched on a matter of public concern. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. She stated that only she and three other detectives received the article, and therefore she believed that Defendant Scifres was harassing and intimidating her because she had not endorsed him for Chief of Police. Roswell To Pay Consultant To Audit Its Police Department, Atlantans share how theyll navigate the holidays with looming omicron surge, Punk Black To-Go: Monthly local music recommendations from Von Phoenix, Execution Date Set For Ga. Associated Press See Moore, 57 F.3d at 932 (noting that comments made at a city council meeting were matters of public concern, in part because of the public forum in which they were expressed); see also Eisenhour v. Weber Cnty., 744 F.3d 1220, 1229 (10th Cir. 57 at 2). Kim Potter, a 26-year police. Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. Id. 65 at 3). CPSM has conducted audits and projects in 41 states. of Educ., 391 U.S. 563, 568 (1968). If it is not a matter of public concern then it is not constitutionally-protected speech. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. He also complained that he had not been selected for a promotion or specialized training. 52 at 10; Doc. (Doc. --------. 52 at 3; Doc. According to the press release . Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 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. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. See FED. 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." Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 1421. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. Your support is what keeps WABE strong. 52 at 12; Doc. City residents approved a $52 million public safety bond. (Doc. 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." Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. On January 8, 2011, Plaintiff was involved in a domestic dispute with her husband, which resulted in Plaintiff's placement on administrative leave with pay, pending the outcome of an internal investigation into Plaintiff's commission of domestic violence. 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. 57 at 2). 57 at 6; Doc. 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. woburn police scanner live. 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. Plaintiff alleges that during that time she advocated for one of her fellow officers for the Chief of Police position, and encouraged other police officers to voice their support for their favorite candidate. The police officer who fatally shot an unarmed Black man in a Minneapolis suburb Sunday has resigned, as has the police chief, in the latest shake-up for a town reeling from the shooting.. (Doc. 57 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. 52-1 at 19:12-20:21). (Doc. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. (Doc. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." On the dumps of the coal mines surrounding this city, one can collect a number of minerals. Id. (Doc. 58-3 at 113:18-115:4). Officer Victor Aguirre is one of the departments newest hires, joining in December. The Minnesota police chief who oversaw an officer who fatally shot a Black man during a traffic stop on Sunday has resigned. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. at 465. The community would be the one to suffer. Published: Apr. 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. (Doc. Wilson, 732 F.2d at 768. Id at 1. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. 57 at 2). "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." Plaintiff disagrees, and responds that her speech was clearly on a matter of public concern and therefore all of her statements were protected by the First Amendment. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. Some people are upset at the way iPhones charge. 57 at 2). Id. The official announcement simply called it a retirement, but. 52 at 3; Doc. USA TODAY. He is almost 60 years old. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. 57 at 2). 60). 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. A movant who does not bear the burden of persuasion at trial, such as Defendants, need not negate the nonmovant's claim. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. The move comes after alleged sex videos surfaced of the chief while he was. 1/8/2020. CIV-13-00512 CEG/SMV (D.N.M. She disclosed that she had been admonished by Commander Brown for "talking negatively about Chief Deputy Jody Scifres for Chief," and was instructed to cease talking about the Police Chief position while at work. 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. Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. Id. Id. at 466. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). As leader of this city, my job is to come in and protect the police., A woman threw a house party with 65 men she matched with on Tinder and Hinge and connected with the man she's been dating for a year. Id. Based on the content, form, and context of the speech, as well as Plaintiff's motive for making the speech, the Court cannot find that it rises to the level of relating to any political, social, or other concern to the community. (quotation omitted). Plaintiff's statements consisted of her subjective belief about her under-performing fellow officers, and speculation about what would happen if Defendant Scifres became Police Chief. 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. Village Council accepted the resignation of part-time officer Ralph Tice last week. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. We have a stellar leadership group in our public safety department, Hills said. The Tenth Circuit concluded that, because the plaintiff had only alleged mismanagement and inequities, and his principal purpose in writing the letter was to air his personal frustration and express his disappointment over internal office affairs, his speech was not on a matter of public concern. June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. Officers, command staff resign after south Georgia police chief arrested by GBI. 65 at 3). His complaint comes after recidivism rates in New Mexico are on the rise.. On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. In fall 2010, the Roswell Police Chief position became vacant and the City of Roswell was engaged in a search process to select the new Police Chief. (Doc. 52 at 4; Doc. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. Id. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. See generally Connick, 461 U.S. at 163. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . 58-3 at 2:8-18). 57 at 4; 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. R. Civ. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. 52 at 8; Doc. (Doc. 57 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." The city council will be asked to approve the choice of Cole for the job. She listed the date of the alleged offending incident as December 14, 2010. 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. 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. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 52 at 3; Doc. 65 at 4). Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. trinity high school principal resigns. She stated that these conversations usually focused on the officers' complaints that the Department was understaffed, that they had to work overtime, and that the detectives had to work patrol shifts. The content of challenged speech is the "crux of the public concern content inquiry." The police officer who shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop in Brooklyn Center, Minnesota, on Sunday has resigned from her position amid widespread protests. 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. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Conaway, 853 F.2d at 796. 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." (Doc. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." Id. 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. 1989)). Leverington, 643 F.3d at 727. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. 57 at 2). The speech merely consisted of one public employee's interpersonal conflict with another. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. 57 at 5; Doc. Id. Police commanders initially wrote they had no problem with the dogs training or behavior. She maintains that all of her statements questioning the advancement of Defendant Scifres constituted protected speech because she spoke out on Police Department matters of serious concerns to the Roswell community. 5, 149 F.3d 1228, 1233 (10th Cir. program, but 90% of parents are opposed. If the employee's interest outweighs the employer's, then the Court proceeds to step four. First, the Court asks whether the speech was made pursuant to the employee's official duties. Plaintiff does not allege that any of her speech was calculated to disclose wrongdoing, misconduct, governmental inefficiency, or malfeasance by Defendant Scifres, Commander Brown, or any City of Roswell official. (Doc. No. P. 56(c). 4. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. 52-1 at 16-20). 52-1 at 3-5). which includes scrutinizing whether the speaker's purpose was to bring an issue to the public's attention or to air a personal grievance." Letter to Mayor Jurney and Defendant Fry: December 17, 2010. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. of Utah, 209 F.3d 1213, 1224 (10th Cir. McEvoy, 882 F.2d at 467. (Doc. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." Bass v. Richards, 308 F.3d 1081, 1089 (10th Cir. 57 at 2). (Doc. 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. Make your practice more effective and efficient with Casetexts legal research suite. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. 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. 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." 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."). Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 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." Id. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. BROOKLYN CENTER, Minn.. 57 at 4; Doc. 65 at 3). 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. 52-1 at 37:12-22). , 1224 ( 10th Cir listed the date of the public concern then it is not protected, and are! While he was creating a hostile work environment the Garcetti/Pickering analysis retirement, but relates merely to internal issues! Also discussed roswell police chief resigns of understaffing and department morale with other officers at officer briefings and at police union meetings to. 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