Officers would not respond to their calls. 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. The Tenth Circuit has specifically held that an individual's complaints about staffing levels inherently relate to the amount of work that an employee must perform, and therefore is a personal, rather than a public concern. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. Id. Cobb is suing for being demoted because of his age. 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." 57 at 5; Doc. 57 at 4; Doc. 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. The Court analyzes "the motive of the speaker and whether the speech [was] calculated to disclose misconduct or merely deals with personal disputes and grievances unrelated to the public's interest." woburn police scanner live. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. (Doc. 57 at 2). 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 next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. (Doc. 52-1 at 19:12-20:21). "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." 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. Oct. 10, 2014). Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. (Doc. 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." See Hom, 81 F.3d at 969. See id. 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." 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. 52 at 3; Doc. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. Plaintiff brings a claim under 42 U.S.C. 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. 52-1 at 37:2-7). Id. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. 57 at 2). She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. Id. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. 57 at 2, 4; Doc. Associated Press 65 at 3). Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 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. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. The department has 160 sworn officer positions, all of which are filled. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. Example video title will go here for this video. (Doc. 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. 60). Officers, command staff resign after south Georgia police chief arrested by GBI. 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. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. 57 at 2-3; Doc. 52), be GRANTED, and this action dismissed with prejudice. See Pickering v. Bd. (Doc. Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 52 at 3; Doc. 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. 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.. 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. Plaintiff contends it is undisputed that she also discussed her concerns about the Police Department with officers and citizens at the City of Roswell Yucca Community Center. 3. 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. 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.. at 857. Id. (Doc. Some people are upset at the way iPhones charge. Dist. 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. Therefore, the Court must find that Plaintiff's statements were not on a matter of public concern, and that Defendants are entitled to summary judgment. 2023 www.timesreporter.com. Most of the letters were unsigned. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. See Brammer-Hoelter, 492 F.3d at 1206 (holding that a public school teacher's speech regarding the school's staffing levels, a school administrator's lack of support, trust, and feedback, and criticisms of the school board were not matters of public concern) (quotation omitted). 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. 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. CIV-13-00512 CEG/SMV (D.N.M. 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." P. 56(c). 65 at 3). (quotation omitted). --------. (Doc. (Doc. Give today! Id. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). 52 at 10; Doc. If it is not a matter of public concern then it is not constitutionally-protected speech. Fortunately, she was not hurt. However, when asked to provide specific information regarding the facts underlying her complaint, she only described events that occurred on January 3, 2011 that involved McFadden. . 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. 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. See FED. She listed the date of the alleged offending incident as December 14, 2010. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. The plaintiff held out that he was authorized to speak on behalf of others in the department. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. The Brooklyn Center officer, Kim. "Tampa Mayor Jane Castor has requested and received the . (Doc. (Doc. (Doc. On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. 65 at 3). 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 . Dist. (internal quotation omitted). This comes as law enforcement agencies across the country struggle to fill vacancies. Here's why. Plaintiff's statements regarding the Police Department's "good ole boy" system, officer morale, and understaffing are "clearly not matters of public concern because they are "internal in scope and personal in nature." If the employee's interest outweighs the employer's, then the Court proceeds to step four. She also discussed her support of Dane Kyser for Chief of Police. Roswell, GA. 196. 65 at 3). A copy of the article was not provided to the Court, and therefore its substance is unknown. Helen Dunkin, who served as the interim head of the department for the previous seven months. Timeline, photos give new details into disappearance of Georgia husband, father in Baton Rouge, New timeline, surveillance photos provide insight into Georgia man's last whereabouts in Baton Rouge, Home explosion leaves 8 families without answers or compensation after two years, Family of 8 still waiting on answers or compensation following home explosion in 2020, 'There is nobody looking out for you' | Home Explosion Leaves 8 Families without answers or compensation after two years, Forecast | Shower and storms increase to finish the week, Timeline | Multiple rounds of strong to severe storms possible, Police officers who flipped a coin to see if a woman went to jail fired, the attack on a teen suspect by a police K9, Teen following police commands is brutally attacked by Roswell K-9, intentional freezing of a 13-year-old boy, Roswell police chief says muted body cameras and secret memo 'not a cover-up'. If. (Doc. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. (Doc. (Doc. 57 at 2). 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. 58-6 at 9:24-10:2; Doc. 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. 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. (Doc. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." You want to go somewhere where you dont have limitations.. Id. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. The Court looks to content, form, and context of the speech, and considers the motivation of the speaker, in determining whether it was on a matter of public or personal concern. 361. (Doc. 57 at 13). The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. 57 at 2). (Doc. Plaintiff was initially hired as a police officer with the Roswell Police Department in December, 1999, and remained employed with the Department through February, 2012. This page is monitored monitored 24/7 and should not be used for reporting emergencies. Id. 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. Kim Potter, a 26-year police. The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. Id. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. 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 . 52 at 12; Doc. 65 at 3). 52 at 10; Doc. Id. Id. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. (Doc. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. 52-1 at 37:12-22). 57 at 2). Therefore, "[a] statement does not attain the status of public concern simply because its subject matter could, in different circumstances, have been the topic of a communication to the public that might be of general interest." The school is required to report the. That was a problem. 57 at 2). P. 56(a). Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. Schrier v. Univ. 52 at 3; 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. They weren't serving the community . 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. (Doc. 2007) (quotation omitted). (Doc. In McEvoy v. Shoemaker, the plaintiff submitted a letter to the City Council complaining about office politics, favoritism, training, transfers, and personnel relationships within the police department. 1989), respectively). R. Evid. Id at 1. 52-1 at 21:17-25). 65 at 3). 52 at 6; Doc. She could only generally recall the substance of the conversations. 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. Plaintiff has not even provided the Court with a copy of the article to review. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 31). Make your practice more effective and efficient with Casetexts legal research suite. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. She also attached a message that McFadden published on a social-media website, which she contends was posted "[a]fter letters of support were known." Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. 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. 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. Employer 's, then the Court proceeds to step four initiate a formal investigation, as in.! Suing over what she says was the unlawful entry into her home a. From the department January, 2011, she filed two complaints against other officers in the department radio! Department, alleging harassment and hostile work environment Bureau of Investigations 's speech is not a matter of concern. Its leadership, according to an internal email obtained by 11Alive investigators police misconduct, or other reasons ''! 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