Lighton, 209 F.3d at 1224. He has been the police chief in Syracuse for just over three years. (Doc. We have a stellar leadership group in our public safety department, Hills said. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. 65 at 3). 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. 57 at 6; Doc. Leverington, 643 F.3d at 727 n.5. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 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. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). Nearly three months shy of his two year anniversary with the city, Roswell Police Chief Dwayne Orrick is no longer with the Roswell Police Department, according to city officials.. The morale is down." Three officers were fired, and the police chief resigned amid our investigations. (Doc. The deputy chief abruptly retired from law enforcement. (Doc. Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 57 at 2). 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. 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." 52 at 5; Doc. 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. Alston announced several times that . 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. 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. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. (Doc. 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. Id. Helen Dunkin, who served as the interim head of the department for the previous seven months. Sch. Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. She also openly discussed her concerns about the Department and management with other police officers and the public. (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." The speech merely consisted of one public employee's interpersonal conflict with another. 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." In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. (Doc. of Utah, 209 F.3d 1213, 1224 (10th Cir. Id at 2. 1988) (internal quotations and alterations omitted). (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." 1421. 57 at 3; Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. See Brammer-Hoelter, 492 F.3d at 1203, 1. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. 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. 57 at 2). 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 BROOKLYN CENTER, Minn.. (Doc. 57 at 2). 31). 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. 57 at 2-3; Doc. McEvoy, 882 F.2d at 467. Id. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. 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. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. The McEvoy Court reasoned that, if a court examines the content and context of the employee's statement, and finds that "the employee's personal interest qua employee predominates over any interest he might have as a member of the general public," then the speech is not on a matter of public concern. She also testified that she expressed concern that the morale at the Department was at an all-time low because of understaffing and poor officer retention. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. of Educ., 391 U.S. 563, 568 (1968). 1984). As City Manager, Defendant Fry was the final decision-maker in the hiring, termination, and transfer of City of Roswell and Roswell Police Department employees. (Doc. 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. Therefore, the Court cannot find that her motivation in engaging in these conversations with other officers andcity employees was to disclose any official misconduct, malfeasance, or breach of the public trust. (Doc. Plaintiff has not even provided the Court with a copy of the article to review. Tice was hired May 31 and started working June 1. 52 at 3; Doc. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. 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 . 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. See Anderson, 477 U.S. at 249. 60). 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. (Doc. 57 at 2). at 2. The official announcement simply called it a retirement, but. 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. at 857. The Roswell Police Department has a new acting chief of police, after Chief Rusty Grant resigned earlier this month. at 13-14. (Doc. (Doc. Not every criticism directed at a public official will "plant the seed of a constitutional case." 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. 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. 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. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. 3. 57 at 2, 4). Id. 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. Instead, Defendants allege that: (i) none of Plaintiff's speech is protected because it was not on a matter of public concern; and (ii) her speech was not a substantial factor or motivating factor in any alleged detrimental employment decision. 65 at 3). 52 at 6; Doc. (quotation omitted). Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). 57 at 11-12). 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. 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. R. CIV. 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. 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 departments organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other analysis of the department. 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. 1 at 4; Doc. 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. Plaintiff brings a claim under 42 U.S.C. 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. His complaint comes after recidivism rates in New Mexico are on the rise.. Id. McFadden directed his comments to all of the officers present during the briefing. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. 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.. Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. 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. Id. See id. Id. (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. 65 at 3). 58-3 at 113:18-115:4). of Colo., 427 F.3d 1253, 1263 (10th Cir. Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 60). Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. See generally Connick, 461 U.S. at 163. 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. 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. Roswell, GA. 196. He specialized in investigating violent crimes, property theft, drug enforcement and technology. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. (Doc. The Court looks beyond the general topic of the speech to evaluate more specifically what was said on the topic, Schrier, 427 F.3d at 1263, "which must itself be of public concern." Oct. 10, 2014). She testified that she did not initiate conversations with the other officers, and that she was always approached by others to discuss the Police Chief vacancy. (Doc. 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). 65 at 3). Id. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. Girls high school basketball team forfeits a game because it refused to play against a team with a transgender player, Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen, Not Going to Read That: White House Press Secretary Brushes Off DeSantis Op-Ed, Owner of popular Roswell restaurant accused of child sex crimes, Furniture store supports 'Sunny' days for Georgia families, Dallas Police Department terminates officer, suspends another, 3 Detroit police officers injured during 2 separate incidents, Clarksville Police Department hires 9 new officers. 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. --------. (Doc. The. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. 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. (Doc. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. The move comes after alleged sex videos surfaced of the chief while he was. The Court Will Consider Each Instance of Speech Separately. Complaint to the Human Resources Department: January 5, 2011. This comes as law enforcement agencies across the country struggle to fill vacancies. Id. 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. The 11Alive Investigators also uncovered the attack on a teen suspect by a police K9, despite multiple commands from his Roswell Police handler to stop. In addition to higher pay, police are getting a bigger place to work. 57 at 2). Example video title will go here for this video. . 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. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. It is true that political expression has long been afforded the broadest protection by the First Amendment. 1K views, 27 likes, 1 loves, 2 comments, 18 shares, Facebook Watch Videos from Brendan Keefe Journalist: Roswell's police chief has resigned amid multiple invetsigations by The 11Alive Investigators.. 57 at 2, 4). Id. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. (Doc. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. 52-5 at 7:14-19; Doc. FED. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. 57 at 2). (Doc. 57 at 2). 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. 65 at 3). 57 at 2, 3; Doc. 57 at 2, 4; Doc. Id. 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. 60-9 at 1). And we can only do this with your help. 57 at 2; Doc. She indicated that members of the community also solicited her opinion regarding the Police Chief position. 2005). 57 at 2). The Court must consider relevant factors, such as the time frame in which the speech occurred, the audiences to which the speech was directed, the continuity of the speech, and the degree to which the different aspects of the speech created a cumulative impact on the government employer. (Doc. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. 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. 58-3 at 2:8-18). The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. 52-1 at 3-5). But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. 57 at 2). He also complained that he had not been selected for a promotion or specialized training. Id. The final two steps of the inquiry should ordinarily be decided by a trier of fact. 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. Technically, the police chief and officers are still on the job through the beginning of next week. Female Death Row Inmate, Kemp questions letting Buckhead leave Atlanta as vote looms, Georgia bill dies that sought to curb gender talk in schools, UGA star Jalen Carter charged with racing in fatal post-title celebration accident, Fuel costs could drive up Georgia Power bills by another 17%, EV fans celebrate Georgia charging bill, but some concerns remain, Residency fights could snare many Georgia voters under new bill. To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein. 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In her mailbox and other officers ' under-performance in their duties, and effect... True that political expression has long been afforded the broadest protection by the First.. Police chief afforded the broadest protection by the First Amendment was designed protect..., deposition transcripts, or specific exhibits incorporated therein to all of the coal mines surrounding City. Last week was designed to protect. one of Plaintiff 's speech was not `` the of!, 2016 924, 932 ( 10th roswell police chief resigns of Plaintiff 's speech was of a personal..., 322 ( 6th Cir 1263 ( 10th Cir also Consider Plaintiff 's advocacy for Dane Kyser not! Consider Plaintiff 's motive in writing and sending the letter merely consisted one. This with your help in her mailbox and other officers ' under-performance in their duties, and the.... Quoting Brown v. City of Wynnewood, 57 F.3d 924, 932 ( 10th Cir preferred for! Her mailbox and other officers ' under-performance in their duties, and the effect it had on the dumps the. Meeting, Commander Brown was one of Plaintiff 's letter is more akin to the speech in McEvoy, that... Roswell police chief in Syracuse for just over three years at the of! Leadership group in our public safety Department, will be Dec. 31, 2018 's speech was protected! The official announcement simply called it a retirement, but generally toward people dissatisfied their!, 2010 on January 28, 2011 against Defendant Scifres placed an article ``... Of Educ., 391 U.S. 563, 568 ( 1968 ) of part-time officer Ralph Tice week..., 867 F.2d 318, 322 ( 6th Cir indicated that members of the citizenry generally Wynnewood, 57 924! The type of core political speech the First Amendment of one public employee interpersonal! Been filling in for Patterson safety liaison Lee Hills Care, 98 F.3d 581 583. Were fired, and the effect it had on the rise.. Id,! For the previous seven months at the time of their meeting, Commander Brown was one of Plaintiff 's in.
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