Letter to Mayor Jurney and Defendant Fry: December 17, 2010. 52-1 at 3:8-4:10). at 13-14. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 65 at 3). June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. If. P. 56(a). Id. A new officer starts at $58,553; those with a. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. . . I have known Dane Kyser to be fair and consistent." On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. In former police chief Josh Gibson's resignation letter, which was also shared in a public Facebook post on Wednesday evening, the Kenly officer of 21 years said he could no longer continue with . On the dumps of the coal mines surrounding this city, one can collect a number of minerals. He is almost 60 years old. Id. (Doc. FED. 60). If you want them to truly do their job with passion and courage, then do right by them, Wilson said. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. She further explained that, since she voiced her support for Dane Kyser for Police Chief to Mayor Jurney and Defendant Fry, she was being singled out and harassed at work, and that the work environment was hostile. 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." (Doc. at 148 (alterations omitted). (Doc. The move by the Roswell City Council to hire a consultant comes after former members of the police department were involved in a handful of controversial incidents in the past year. Therefore, the Court does not consider them. She indicated that members of the community also solicited her opinion regarding the Police Chief position. (Doc. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. 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. (quotation omitted). Id. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. N'dea Yancey-Bragg. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. 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%. (Doc. First, the Court asks whether the speech was made pursuant to the employee's official duties. 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. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). (Doc. 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. Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. (Doc. (Doc. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. 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. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. 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. Id. Connick, 461 U.S. at 147-48. Brammer-Hoelter, 492 F.3d at 1203. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. 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. No. If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." Matsushita Elec. Id. 57 at 2). 60). The city council will be asked to approve the choice of Cole for the job. The police department engaged in elaborate cover-ups. at 15. That prompted him to make hiring and retaining officers a priority. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. (Doc. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. 57 at 2, 4; Doc. See Panis, 60 F.3d at 1490. CIV-13-00512 CEG/SMV (D.N.M. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. 52 at 3; Doc. (Doc. 1 at 4). A new police chief took the reins in Roswell over the summer. 1/8/2020. 1988) (internal quotations and alterations omitted). 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. 57 at 2). 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." The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. (Doc. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Id. 2002). At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. 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. Id. 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. 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. (Doc. (Doc. Helen Dunkin, who served as the interim head of the department for the previous seven months. See Anderson, 477 U.S. at 249. Id. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. 57 at 2). (Doc. Technically, the police chief and officers are still on the job through the beginning of next week. 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. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. Plaintiff brings a claim under 42 U.S.C. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 52 at 6; Doc. Id. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. Kim Potter, a 26-year police. 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. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. 52-5 at 4:4-10; Doc. 57 at 2). Id. 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. 57 at 2-3; Doc. 52 at 3; Doc. Brammer-Hoelter, 492 F.3d at 1203. 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." 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. Give today! See Johnsen v. Indep. 52 at 3-4; Doc. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. 1996). The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. 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. More Roswell news:Police Chief Donna Patterson is the boss. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. 52-1 at 41:16-42:4). 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. 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. 52 at 3; 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. 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. Officers, command staff resign after south Georgia police chief arrested by GBI. 57 at 2; Doc. Because the Court finds that Plaintiff's letter to Mayor Jurney and Defendant Fry was not on a matter of public concern, Defendants are entitled to summary judgment as to that instance of speech. (Doc. Wilson, 732 F.2d at 768. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. It has been my pleasure to work with each of you over the last six years," Grant said in a statement from the Roswell Police Department. 57 at 6; Doc. 57 at 2, 5; Doc. R. CIV. 57 at 4; Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. 58-3 at 2:8-18). (Doc. (Doc. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. Sch. Id. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. (Doc. (Doc. When a government employee speaks on a matter of public concern, her employer may only restrict her speech because it is necessary for the efficient and effective delivery of services. 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. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. If the Court finds that Plaintiff's speech was not on a matter of public concern, then the Court must hold that the speech is unprotected, and end its inquiry pursuant to Garcetti/Pickering. She also discussed her support of Dane Kyser for Chief of Police. 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. Plaintiff has not even provided the Court with a copy of the article to review. Example video title will go here for this video. The City . 52 at 4; Doc. An entire Missouri police. Plaintiff Jeannie Madsen had served as a police officer, and then as a police detective, for the Roswell Police Department for almost 20 years, when she tendered her resignation in February, 2012. ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. (Doc. 2007) (quotation omitted). Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. Plaintiff claims that the officers who wrote the letters feared retaliation, and either did not want to write any more letters or refused to identify themselves in their letters. Id. A copy of the article was not provided to the Court, and therefore its substance is unknown. R. CIV. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. See generally Connick, 461 U.S. at 163. She went off-duty in February. (Doc. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 1:30. According to an incident report WXIA-TV obtained, officer Lorne Alston was on patrol when he spotted what he believed to be a stolen vehicle with four people inside. (Doc. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. 52 at 10; Doc. The fact that it was in the form of a complaint submitted to the Human Resources Department also implies that Plaintiff was requesting a formal inquiry be made into Defendant Scifres' behavior. Plaintiff alleges that the letter she gave to Mayor Jurney and Defendant Fry on December 17, 2010, in which she pledged her support for Dane Kyser for Roswell Police Chief, is entitled to First Amendment protection. First, the Court looks to the "content, form, and context" of Plaintiff's speech to determine whether it addresses a matter of public or personal concern. The morale is down." She described her discussions with other officers as "personal conversations," and asserted that she had been singled out by Commander Brown despite many other officers regularly discussing the Chief of Police position while at work. Plaintiff testified that she could only vaguely recall "things that were said" about morale, staffing, and shift hours, but could not recount any specific statements that she made or anyone that she spoke to, other than her fellow officers and the police union. 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. (Doc. Id. We have a stellar leadership group in our public safety department, Hills said. (Doc. The Tenth Circuit has noted that such an allegation only facially demonstrates a personal grievance with a public official, and therefore "unequivocally reflects a personal dispute, not a matter of public concern." It also attracted those great officers from other departments looking to make a move.. When an employee speaks upon matters of personal interest, that speech is unprotected. Koch v. Hutchinson, 847 F.2d 1436, 1445 (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 . 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. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. 52-1 at 21:17-25). (Doc. 1996) (quotation omitted). 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. 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. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. 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. 3, 891 F.2d 1485, 1492 (10th Cir. Instead, she claims that she was often approached by others who initiated these conversations. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. 1989), respectively). 52 at 3; 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 52 at 3; Doc. 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