roswell police chief resigns

Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 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.. 31). 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. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. "Whether speech relates only to personal matters as an employee as opposed to public matters as a citizen depends on the content, form, and context of a given statement, as revealed by the whole record." 1:30. 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." 65 at 3). 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." "Tampa Mayor Jane Castor has requested and received the . Oct. 10, 2014). 1 at 4; Doc. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 57 at 2). (Doc. 2014) (holding that plaintiff's speech was of public concern, because it was made to the media, and statements protected under the First Amendment are protected in part by fact of being made to the media). (Doc. 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). 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. 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. Lighton v. Univ. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. (Doc. No. 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. More Roswell news:Police Chief Donna Patterson is the boss. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. at 15. 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. 57 at 2; Doc. P. 56(a). (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 departments organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other analysis of the department. 65 at 3). Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. Conaway, 853 F.2d at 796. 57 at 4; Doc. 58-3 at 36:12-22). Last year, the Roswell City Council adopted the Best in Class pay plan, giving a 20% increase to starting police salaries across the board. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. 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 . A new officer starts at $58,553; those with a. She contends that other officers threatened to quit the Department if Defendant Scifres became Police Chief, but that she never talked negatively about Defendant Scifres. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. Conroy said when he started, there were many vacancies. Id. (Doc. 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. Fortunately, she was not hurt. 1989), respectively). 2007) (quotation omitted). 57 at 2-3; Doc. 52-1 at 18:2-8; Doc. (Doc. 52 at 10; Doc. 60-9 at 1). 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. 57 at 2). (quotation omitted). In addition to higher pay, police are getting a bigger place to work. (Doc. The deputy chief abruptly retired from law enforcement. The city council will be asked to approve the choice of Cole for the job. trinity high school principal resigns. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. 52 at 10; Doc. (Doc. 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 . 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. 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. (internal quotation omitted). The chief also told police Boddie and "3 - 6 other (B)lack males approached him . Id. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. 1988). (Doc. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. 57 at 2). The Roswell Police Department has a new acting chief of police, after Chief Rusty Grant resigned earlier this month. See FED. 57 at 2). 57 at 6; Doc. (Doc. Id. 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." 52 at 3; Doc. they would just take their calls, that's it. R. CIV. (Doc. 52 at 5-6; Doc. While the Court concedes that the operation of the Roswell Police Department constitutes a legitimate subject of public concern, Plaintiff's letter failed to "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. 52-5 at 7:20-25; Doc. Defendants further argue that Plaintiff has failed to establish sufficient facts to prove that Plaintiff's speech was a substantial or motivating factor in decisions related to her employment with the Roswell Police Department. Id. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. The morale is down." ai thinker esp32 cam datasheet; where is gary burghoff now; how did mark madryga son pass away; les promesses de dieu ne failliront jamais; how to tell a male from a female dragonfly. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. Again, the Court compares Plaintiff's speech in this instance with the speech that was at issue in McEvoy and Wulf. She testified that while other officers were speaking negatively about Defendant Scifres, who was the acting Deputy Chief of Police, she did not speak negatively about him. 65 at 3). Id. Improving vehicles, technology, everything is moving up. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. In this instance, the subject matter of Plaintiff's speech was that Defendant Scifres distributed an article that offended her, and the stated purpose of Plaintiff's speech was to file a grievance against Defendant Scifres and complain about a hostile work environment. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. See Adler, 144 F.3d at 671. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. She went off-duty in February. These letters purported to express several police officers' preferences for the new Roswell Police Chief. 52 at 6; Doc. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 57 at 2). Id. Koch v. Hutchinson, 847 F.2d 1436, 1445 (10th Cir. 52 at 4; Doc. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. (Doc. The Court views all of the evidence in the record in the light most favorable to Plaintiff. (Doc. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. (Doc. Id at 2. Id. 52-1 at 16-17). Such a movant only bears the burden of making a prima facie demonstration that there is no genuine issue of material fact, and may do so by pointing out a lack of evidence on an essential element of the nonmovant's claim. (Doc. Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. 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. The Court finds that, like the grievances involved in Hom, the speech in this case involved only matters of internal departmental affairs and workplace frustration, and therefore were only on matters of personal interest. --------. at 972. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. 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. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. (Doc. (Doc. 52 at 5; Doc. (Doc. 4. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. The move comes after alleged sex videos surfaced of the chief while he was. 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." Officers, command staff resign after south Georgia police chief arrested by GBI. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] (Doc. 52 at 3; Doc. Id. 1 at 9-10). The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. 58-3 at 14:18-24). According to the press release . 361. 1 at 4; Doc. Id. In fall 2010, the Roswell Police Chief position became vacant and the City of Roswell was engaged in a search process to select the new Police Chief. 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. (Doc. Wilson, 732 F.2d at 768. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." . 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. 3. 5, 149 F.3d 1228, 1233 (10th Cir. 58-3 at 15:1-5; 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. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. 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." 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. The content of challenged speech is the "crux of the public concern content inquiry." 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." Kim Potter, a 26-year police. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. 52 at 5; Doc. 58-3 at 2:8-18). 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. (Doc. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 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. 57 at 2). P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 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. She contends that she told other officers that the Department needed to end the "good ole boy" system. The Court Will Consider Each Instance of Speech Separately. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. (Doc. Sheriff Orvis Campbell said his department was already. The City . 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. 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." If the employee's speech is outside of her official duties, then the Court should next determine whether the subject of the speech is a matter of public concern. 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. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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. 2000). The plaintiff held out that he was authorized to speak on behalf of others in the department. Technically, the police chief and officers are still on the job through the beginning of next week. Half of that is dedicated to a new public safety headquarters. 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. Plaintiff contends that her speech was a matter of public concern because she discussed her perception of poor officer morale and her fears about officer safety in light of understaffing. 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." A fact is material if it might affect the outcome of the case under the governing substantive law. (Doc. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . She testified at her deposition that: "Officers didn't want to do anything. 52 at 3; Doc. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. And we can only do this with your help. 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. 58-3 at 3:6-10). (Doc. 60). Brammer-Hoelter, 492 F.3d at 1203. 57 at 2). Defendants argued in their Motion that claims against Defendant Kintigh in his personal capacity should be dismissed because Plaintiff has not made any factual allegations that he was personally involved in any adverse employment decision alleged in this case. (Doc. 1 at 3, 4). Tice was hired May 31 and started working June 1. 1 at 8). 57 at 2). 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. 52 at 3; Doc. 52 at 4; Doc. CIV-13-00512 CEG/SMV (D.N.M. 65 at 3). Your California Privacy Rights / Privacy Policy. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 1984). P. 56(c). R. CIV. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. (Doc. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. Alston announced several times that . She also maintains that all of her statements concerning Defendant Scifres' character, competence and fitness for duty are matters of public concern and protected speech. Id. Give today! 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. (Doc. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. She could only generally recall the substance of the conversations. 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. An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 60). 52 at 14). 52-5 at 7:14-19; Doc. (Doc. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. Id. Id. 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. Plaintiff was concerned about who the next Chief of Police would be because she believed that the morale of the Department was low, which impacted the officers' ability to serve the community. Id. A copy of the article was not provided to the Court, and therefore its substance is unknown. P. 56(c) and Fed. (Doc. On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. at 1203. at 2. 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. 57 at 14). 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. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. (Doc. (Doc. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. . Wilson, 732 F.2d at 768. Make your practice more effective and efficient with Casetexts legal research suite. 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. 52 at 4; Doc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. 2005). For starters, he said, officers needed more money. 57 at 2). 65 at 3). 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. R. Evid. (Doc. Indus. 57 at 13). 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. One of those now-former officers, Courtney Brown, blamed her termination on the international . On Jan. 2, body camera footage showed officers leaving a 13-year-old boy in a squad car on a cold night and taunting him. (Doc. Helen Dunkin, who served as the interim head of the department for the previous seven months. 52 at 5; Doc. Dist. 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. 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. Police commanders initially wrote they had no problem with the dogs training or behavior. Pay is one part of that equation. 52-1 at 37:12-22). (Doc. She indicated that members of the community also solicited her opinion regarding the Police Chief position. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. 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. (Doc. 57 at 2). 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. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. (Doc. 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.
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