2002). 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. He is almost 60 years old. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. . The evidence in the record strongly suggests that Plaintiff's personal interest as an employee of the Roswell Police Department predominated her interest as a member of the general public. 57 at 2-3; Doc. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. 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. 57 at 11-12). Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 57 at 2). 52-1 at 16-20). 57 at 2, 4; Doc. Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. 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. In considering the speaker's motivation in making the statements, the Court analyzes whether the speech was calculated to disclose misconduct, wrongdoing, inefficiency, or other malfeasance on the part of government officials in the conduct of their official duties, Lancaster, 149 F.3d at 1234, or merely dealt with personal disputes unrelated to the public's interest. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 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. 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. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. 2010). 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." No. Not every criticism directed at a public official will "plant the seed of a constitutional case." 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. (Doc. The Court Will Consider Each Instance of Speech Separately. 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. The Tenth Circuit has observed that political speech involves advocacy of a particular candidate for public office, while emphasizing that courts place the greatest value upon political speech in the electoral process. 2005). 65 at 4). 1988) (internal quotations and alterations omitted). 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. 52 at 3; Doc. 52 at 14). 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." (Doc. 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. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. Id. 57 at 4; Doc. However, Plaintiff's speech was directed towards the Human Resources Department, and there is no allegation that it was ever intended to be made public. (Doc. The Court views all of the evidence in the record in the light most favorable to Plaintiff. 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. 57 at 2). 52-4 at 4:4-16). 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. 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. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. Toggle navigation (Doc. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. Plaintiff asserts her claim against the City of Roswell, as well as Larry Fry and Jody Scifres in their individual and official capacities, and Dennis Kintigh in his official capacity only. Id. 57 at 2, 4; Doc. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. Plaintiff has not even provided the Court with a copy of the article to review. Conroy said when he started, there were many vacancies. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. 52 at 10; Doc. Id. (quotation omitted). at 2, 3. (Doc. 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. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. 52 at 6; Doc. Id. (Doc. 52-1 at 41:16-42:4). 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. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. 65 at 5). RELATED: Police officers who flipped a coin to see if a woman went to jail fired. 57 at 13). Last, Plaintiff alleges that her numerous conversations with fellow officers and other city employees were protected speech, which led to retaliation against her at the Police Department. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. City residents approved a $52 million public safety bond. 57 at 3; Doc. (Doc. An entire Missouri police. 58-3 at 3:6-10). 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 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." 65 at 3). 52 at 9; Doc. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. See Borough of Duryea, 131 S. Ct. at 2501. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. FED. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." 52 at 3; Doc. 57 at 2, 5; Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. 52 at 4; Doc. Roswell Police Chief Rusty Grant said he launched an investigation and placed the officers on administrative leave once he became aware of the incident that occurred just over three months. 52-1 at 41:16-42:4; Doc. Half of that is dedicated to a new public safety headquarters. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. Id. 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. This page is monitored monitored 24/7 and should not be used for reporting emergencies. To be sure, the Court will compare the facts here with previous Tenth Circuit decisions considering the nature of a police officer's written speech. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. 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. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. He has been the police chief in Syracuse for just over three years. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . 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. (Doc. 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