She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. Id. 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. 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. 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. 1984). This comes as law enforcement agencies across the country struggle to fill vacancies. They weren't serving the community . She also openly discussed her concerns about the Department and management with other police officers and the public. 57 at 6; Doc. Officer . 52 at 3; Doc. 1988) (internal quotations and alterations omitted). 52 at 5; Doc. 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. (Doc. The City . 65 at 3). She listed the date of the alleged offending incident as December 14, 2010. Id. Id. 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. Id. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 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. 57 at 2). 52-1 at 3:8-4:10). Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. CNN obtained eight resignation. (Doc. A new police chief took the reins in Roswell over the summer. 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. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. (Doc. (Doc. (Doc. 1989), respectively). (Doc. 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. The community would be the one to suffer. 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. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. BROOKLYN CENTER, Minn.. I heard good things about them, Aguirre said. However, the U.S. Supreme Court has cautioned that "[i]t is not a right to transform everyday employment disputes into matters for constitutional litigation in the federal courts." Id. (Doc. R. CIV. Id. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. 57 at 2). (Doc. (Doc. 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. 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. (Doc. Toggle navigation (Doc. Id. If it is not a matter of public concern then it is not constitutionally-protected speech. 57 at 2, 4). Dwayne Orrick. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 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. Sch. 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. 57 at 2). 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. at 465. P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. The school is required to report the. 52 at 5; Doc. (Doc. 60). Plaintiff responds that her speech concerned government policies that are of interest to the public at large. 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's interest outweighs the employer's, then the Court proceeds to step four. No. (Doc. 57 at 2; Doc. City residents approved a $52 million public safety bond. at 2. 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. 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). (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 department. On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. 1 at 8). We have a stellar leadership group in our public safety department, Hills said. He also complained that he had not been selected for a promotion or specialized training. 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." BOISE, Idaho Boise Police Department Chief Ryan Lee resigned from his position on Friday, at the request of Boise Mayor Lauren McLean, effective Oct. 14. Id. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. His complaint comes after recidivism rates in New Mexico are on the rise.. 65 at 4). 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. (quotation omitted). LOWELL, Mich. (WOOD) The Lowell police chief was forced to resign just days after a controversial Facebook post that supported four young men who had armed themselves against potential . (Doc. His last day was Nov. 26. 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. 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 HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. (internal quotation omitted). 57 at 2, 3; Doc. 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 move comes after alleged sex videos surfaced of the chief while he was. 1983, alleging that she was wrongfully transferred, demoted, and eventually forced to resign from her position with the Roswell Police Department, in retaliation for exercising her First Amendment right to freedom of speech. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. 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. 65 at 3). 52 at 6-7; Doc. Tim Gannon, the Brooklyn Center, Minnesota, police chief, resigned on Tuesday, just one day after he said he had no plans to give in to calls for him to step down. woburn police scanner live. 57 at 2). Id. (Doc. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. (Doc. (Doc. they would just take their calls, that's it. 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. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. The Court views all of the evidence in the record in the light most favorable to Plaintiff. Wilson, 732 F.2d at 768. The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. 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. 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. Plaintiff maintained throughout her deposition that she did not mean to say anything negative about Defendant Scifres, and that she only wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. Bass v. Richards, 308 F.3d 1081, 1089 (10th Cir. Therefore, the Court does not consider them. Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. 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." Conaway, 853 F.2d at 796. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). 57 at 13). On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. 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." Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 1996). P. 56(c). One of the things that was very clear from my perspective was, as a resident, somebody needs to protect the police, Wilson. 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. 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. 52-4 at 4:4-16). See Anderson, 477 U.S. at 249. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. at 1203. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. Id. See Adler, 144 F.3d at 671. 2002). 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. Id. 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. New clues: New video shows stranger using mans debit card after he vanishes on business trip, Georgia elementary school principal arrested on child cruelty charges, GBI says, Local district wants to overhaul sex ed. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 57 at 2, 5; Doc. Id. 4. Bradford's . She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. The Minnesota police chief who oversaw an officer who fatally shot a Black man during a traffic stop on Sunday has resigned. Id. 58-3 at 15:1-5; Doc. Therefore, the Court will consider each instance of speech independently. 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." Brammer-Hoelter, 492 F.3d at 1203. (quotation omitted). "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." at 466. 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. 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." 52-1 at 21:17-25). 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. According to the press release . 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. Example video title will go here for this video. 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. Please consider becoming a member of WABE today. 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. 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. 65 at 3). An entire Missouri police. 57 at 14). Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. Id. (Doc. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. Here's why. 65 at 3). That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. (Doc. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. 57 at 2). 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.. Generally, the subject matter of the speech at issue, as described by Plaintiff, consists of vague recollections touching on officer morale, understaffing, shift hours, the quality of other officers' work, and her subjective belief about what would happen if Defendant Scifres were to be hired as Police Chief. (Doc. (Doc. 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. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). 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." A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. 0:00. Id. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. of Utah, 209 F.3d 1213, 1224 (10th Cir. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. 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. The Court cannot find that these facts fit within the category of political speech that the U.S. Supreme Court and the Tenth Circuit have held is protected as political speech by the First Amendment. 57 at 2). The police department engaged in elaborate cover-ups. (Doc. 58-3 at 3:6-10). 58-3 at 14:18-24). Id. of Colo., 427 F.3d 1253, 1263 (10th Cir. Last year, the Roswell City Council adopted the Best in Class pay plan, giving a 20% increase to starting police salaries across the board. 57 at 2). (Doc. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. 52 at 10; Doc. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 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. 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. 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. My daughter was in an accident last night. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. B. 57 at 2). She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Dist. (Doc. 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." 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. Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. Instead, she claims that she was often approached by others who initiated these conversations. 52 at 4; Doc. The final two steps of the inquiry should ordinarily be decided by a trier of fact. She stated that only she and three other detectives received the article, and therefore she believed that Defendant Scifres was harassing and intimidating her because she had not endorsed him for Chief of Police. Alston announced several times that . 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. She also discussed her support of Dane Kyser for Chief of Police. 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." 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. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. Roswell Municipal Court Special Projects 100-Day Plan 2021-2025 Citywide Strategic Plan 2040 Comprehensive Plan American Rescue Plan Act (ARPA) Bond Referendum Chattahoochee River Pedestrian Bridge Project East Alley Pathway Improvement Project East-West Connectivity Improvements Grimes Bridge Road Project Historic Gateway Project She maintains that all of her statements questioning the advancement of Defendant Scifres constituted protected speech because she spoke out on Police Department matters of serious concerns to the Roswell community. DPD moved to fire cop hit with 85 complaints, accusations. She contends that she told other officers that the Department needed to end the "good ole boy" system. McEvoy, 882 F.2d at 467. Id. R. Civ. 57 at 2, 4; Doc. 1 at 4). She further argues that she has presented enough facts to demonstrate the existence of a genuine issue of material fact as to whether her speech was a substantial or motivating factor in the decisions to transfer her from her detective position, demote her, and eventually force her to resign. 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. 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. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. Officer Victor Aguirre is one of the departments newest hires, joining in December. 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.. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 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. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. 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 . Id. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. 60). Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. "Tampa Mayor Jane Castor has requested and received the . Your support is what keeps WABE strong. 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.. 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 could only generally recall the substance of the conversations. F.3D 1081, 1089 ( 10th Cir incident as December 14, 2010 City residents approved a $ million. 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Discussed her support of Dane Kyser was the unlawful entry into her home by a Roswell Police officer Tuscarawas! Taken into custody, district says ; Tampa Mayor Jane Castor has requested and received the are of. Told other officers at officer briefings and at Police union meetings speech was a substantial or. Of Plaintiff 's supervisors in the light most favorable to Plaintiff served as interim! Supervisor not to discuss the Police department 's annual funding covers a total of 520 hours for staff Meek-Obed! Sund, Chief of Police by Defendant Fry, and resulted in the January 5, complaint., to the public at large a big selling point for Roswell not... Subjective belief they would just take their calls, that 's it be, to the citys public safety.. Philip Smith sent out an article Monday demonstrating his frustrations with the system. Hom v. Squire, 81 F.3d 969, 974 ( 10th Cir retirement of Rusty Grant the!