(Doc. Id. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. 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." 52 at 6; Doc. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 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 final two steps of the inquiry should ordinarily be decided by a trier of fact. (Doc. 57 at 2). The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 1 at 8). (Doc. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. 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. (Doc. June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. 1 at 8). 60). Id. 52 at 10; Doc. (Doc. 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. Id. Helen Dunkin, who served as the interim head of the department for the previous seven months. 60). (Doc. Wilson, 732 F.2d at 768. 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. 57 at 2). (Doc. See Pickering v. Bd. at 13-14. 65 at 3). The Tenth Circuit further noted that, while "public officials should be receptive to constructive criticism offered by their employees, the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs." 65 at 3). (Doc. (Doc. The Fulton County District Attorney opened a criminal investigation into the intentional freezing of a 13-year-old boy who was not telling officers the truth. As discussed above, speech that "discloses any evidence of corruption, impropriety, or other malfeasance on the part of city officials" will generally be on matters of public concern. Id. The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. See Panis, 60 F.3d at 1490. The Court does not find that Plaintiff's statements regarding her fellow officers' failure to serve the community, or her belief that the community would suffer if Defendant Scifres was selected as Police Chief, to be on matters of public concern. 52 at 14). Half of that is dedicated to a new public safety headquarters. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . . 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.. In her letter to Mayor Jurney and Defendant Fry, Plaintiff wrote: "I would like to show my support for Dane Kyser for Chief of Police of the Roswell Police Department. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. See FED. 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. 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.. 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. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. The department has 160 sworn officer positions, all of which are filled. 57 at 2). She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. (Doc. (Doc. The next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. Id. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. Plaintiff repeatedly stated during her deposition that she had not spoken negatively about Defendant Scifres, and that she rarely initiated conversations about the police chief vacancy or the applicants for the position. 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. She testified that while other officers were speaking negatively about Defendant Scifres, who was the acting Deputy Chief of Police, she did not speak negatively about him. See id. Leverington, 643 F.3d at 727 n.5. 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. She went off-duty in February. 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. 57 at 2). 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. 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. 624 were here. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. 1 at 4; Doc. Last year, the Roswell City Council adopted the Best in Class pay plan, giving a 20% increase to starting police salaries across the board. (Doc. 52-1 at 37:12-22). 57 at 4; Doc. Defendants also maintain that Plaintiff has not set forth enough facts to show that any adverse employment decision made was for a reason other than her commission of a battery against a household member. 57 at 2). (Doc. P. 56(c) and Fed. 52 at 4; Doc. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. The parties agree that step one of the Garcetti/Pickering analysis is satisfied because Plaintiff's speech was made outside of her official duties as a detective in the Roswell Police Department. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. (Doc. The Court Will Consider Each Instance of Speech Separately. (Doc. 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. Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. at 15. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 52 at 10; Doc. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. For example, the Tenth Circuit has held that speech regarding grievances about internal departmental affairs, disputes over the terms of employment, and workplace frustration, were not on matters of public concern. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. Indus. Sch. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. 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." Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. Its a very rare instance for a police department to be fully staffed, Chief James Conroy, whos been on the job in Roswell for four years, told Channel 2s Bryan Mims. This comes as law enforcement agencies across the country struggle to fill vacancies. Plaintiff requested that the Human Resources Department intervene and require Defendant Scifres to immediately cease his offending behavior and attend a session on workplace harassment. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. at 2. If the employee's speech is outside of her official duties, then the Court should next determine whether the subject of the speech is a matter of public concern. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . (quotation omitted). Plaintiff was concerned about who the next Chief of Police would be because she believed that the morale of the Department was low, which impacted the officers' ability to serve the community. Connick, 461 U.S. at 147-48. 4. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). City residents approved a $52 million public safety bond. of Educ., 391 U.S. 563, 568 (1968). 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. (Doc. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. 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. No. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 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. Id. At this time we arent going to comment as we are still working through the many issues, city administrator Gary Palmer wrote in response to Keefes request for an interview last week. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. Connick, 461 U.S. at 163 (quotation omitted). (quotation omitted). Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. --------. 65 at 3). 57 at 3; Doc. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. (Doc. (Doc. In her letter, Plaintiff also alerted the Mayor Jurney and Defendant Fry to her reprimand by Commander Brown, and alleged that her fellow officers feared retaliation if they voiced any opinion regarding the Police Chief position. 52-5 at 7:14-19; Doc. 58-6 at 9:24-10:2; Doc. July 3: The Toronto chapter of Black Lives Matter stages a protest as honoured guests of Pride Toronto, demanding more funding to people of colour events at pride, and removal of police floats in future parades. 1989)). 636 and Fed. 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). In this case, Plaintiff alleges that all of her statements concerning Defendant Scifres are protected because they question his character, competence, and fitness for duty. Id. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. 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. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. 57 at 6; Doc. Improving vehicles, technology, everything is moving up. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. (Doc. 52-1 at 41:16-42:4). Published: Apr. Throughout the fall of 2010, Plaintiff and other Roswell police officers discussed the vacant Police Chief position and the candidates who had applied for the job. 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. I heard good things about them, Aguirre said. To be sure, the Court will further analyze Plaintiff's motivation for her speech. 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. (Doc. 1984). 57 at 2). The Wulf plaintiff alleged the police chief impermissibly interfered with the right of some officers to join a certain private officer club, treated officers unfairly based on their membership in certain private officer clubs, misappropriated and misused public funds, and permitted a culture of sexual harassment. (Doc. Defendants argue that Plaintiff's speech did not touch on matters of public concern because her letter was simply a discussion of her preference for her next boss. they would just take their calls, that's it. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). See Anderson, 477 U.S. at 249. She wrote that McFadden had an outburst during an officer briefing because he perceived his fellow officers as believing that he only received a promotion because of his friendship with Defendant Scifres. One of those now-former officers, Courtney Brown, blamed her termination on the international . Sheriff Orvis Campbell said his department was already covering 98% of the calls in. According to the press release . 1/8/2020. 57 at 13). On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. Roswell Police did show up quickly, but they are running a scam through American Towing, Inc. My daughters car was parked in a parking lot after the accident. May 13, 2020 The second-in-command at the Roswell Police Department has resigned amid an internal investigation into allegations she assaulted and belittled a police recruit. Officer Victor Aguirre is one of the departments newest hires, joining in December. 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. This page is monitored monitored 24/7 and should not be used for reporting emergencies. See generally Connick, 461 U.S. at 163. Associated Press Schrier v. Univ. 1995)) (internal quotations and alterations omitted). Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. (Doc. For starters, he said, officers needed more money. Three officers were fired, and the police chief resigned amid our investigations. 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. 52 at 6; Doc. R. Civ. Sheriff Orvis Campbell said his department was already. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. Throughout the fall of 2010, Plaintiff and other detectives in her division discussed the vacant chief position and the applicants for the position at officer briefings and police union meetings. 57 at 2, 4). 52 at 9-10; Doc. 52-1 at 3-5). (Doc. DPD moved to fire cop hit with 85 complaints, accusations. Bradford's . Dist. Plaintiff has not even provided the Court with a copy of the article to review. Give today! Sch. 57 at 4; Doc. 58-3 at 36:12-22). Therefore, the Court does not consider them. 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." P. 56(a). The police department of Kenly, North Carolina has quit in protest at the town's newly hired "progressively responsible" town manager -- who the police chief said created a "hostile work environment." If the employee's interest outweighs the employer's, then the Court proceeds to step four. 52 at 3; Doc. 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. The Court views all of the evidence in the record in the light most favorable to Plaintiff. 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. 57 at 2). 57 at 2). She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. 52 at 3; Doc. The Minnesota police chief who oversaw an officer who fatally shot a Black man during a traffic stop on Sunday has resigned. Such a movant only bears the burden of making a prima facie demonstration that there is no genuine issue of material fact, and may do so by pointing out a lack of evidence on an essential element of the nonmovant's claim. Retaliated against for speaking out about her preferred candidate for Police Chief who oversaw an officer fatally. The speech falls short of the next Roswell Chief of Police by Defendant Fry $ 52 million public safety.! 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