57 at 2). See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. Give today! A fact is material if it might affect the outcome of the case under the governing substantive law. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. (Doc. R. CIV. 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." See Anderson, 477 U.S. at 249. (Doc. See Hom, 81 F.3d at 969. 57 at 2). 1 at 3, 4). 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. When the vehicle stopped, two of the individuals took off running. 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. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. (Doc. Your support is what keeps WABE strong. 58-3 at 24:19-21). 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. 52-1 at 3-5). 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. 52 at 5; Doc. (Doc. (Doc. 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. at 2, 3. (Doc. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. (Doc. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. 57 at 3; Doc. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. See FED. 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. 57 at 2, 4; Doc. The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. 57 at 6; 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.. The deputy chief abruptly retired from law enforcement. 57 at 4). Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. The parties agree that step one of the Garcetti/Pickering analysis is satisfied because Plaintiff's speech was made outside of her official duties as a detective in the Roswell Police Department. Id. 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." 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. Id at 1. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." 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. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 52-1 at 16-17). (Doc. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. See Adler, 144 F.3d at 671. (Doc. That prompted him to make hiring and retaining officers a priority. 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. Village Council accepted the resignation of part-time officer Ralph Tice last week. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. The Fulton County District Attorney opened a criminal investigation into the intentional freezing of a 13-year-old boy who was not telling officers the truth. If the Court finds that Plaintiff's speech was not on a matter of public concern, then the Court must hold that the speech is unprotected, and end its inquiry pursuant to Garcetti/Pickering. 1996) (quotation omitted). 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. Conroy said when he started, there were many vacancies. 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." USA TODAY. She argues that the Court should consider all of her speech together for the reasons that she "brought letters to the Mayor and City Manager" and talked to other officers and citizens. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. 57 at 2). at 466. Schrier v. Univ. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. 57 at 11-12). | AP. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 57 at 13). The Wulf plaintiff alleged the police chief impermissibly interfered with the right of some officers to join a certain private officer club, treated officers unfairly based on their membership in certain private officer clubs, misappropriated and misused public funds, and permitted a culture of sexual harassment. An entire Missouri police. 52 at 10; Doc. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. For the reasons outlined above, the Court finds that none of Plaintiff's individual statements constituted a matter of public concern, and therefore were unprotected speech pursuant to the First Amendment. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. 52 at 3; Doc. (Doc. (Doc. Sheriff Orvis Campbell said his department was already covering 98% of the calls in this community of 216 people before Police Chief Donna Patterson went on sick leave and a part-time officer resigned. 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. Your California Privacy Rights / Privacy Policy. She reported that on January 4, 2011, Defendant Scifres placed an article published by the National Tactical Officers Association, entitled the "Chronic Complainers Club, Part One," in her work mailbox. (Doc. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . (Doc. CNN obtained eight resignation. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. 52-1 at 18:17-25; Doc. We have a stellar leadership group in our public safety department, Hills said. 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. A new police chief took the reins in Roswell over the summer. For the first time in more than 20 years, the Roswell Police Department is fully staffed. 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. 2. However, the First Amendment limits the public employer's ability "to leverage the employment relationship to restrict, incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens." 57 at 2). (Doc. 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. (Doc. McEvoy, 882 F.2d at 467. (Doc. That was a problem. (quotation omitted). Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. BROOKLYN CENTER, Minn.. 2002). 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." (Doc. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. 65 at 3). 57 at 2; Doc. 52 at 4; Doc. 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. 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. 57 at 2). Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. Wilson, 732 F.2d at 768. Kim Potter, the police officer in Brooklyn Center, Minn., who fatally shot Daunte Wright on Sunday, has resigned from the Police Department, her union said in a statement on Tuesday. (Doc. 58-6 at 9:24-10:2; Doc. Three officers were fired, and the police chief resigned amid our investigations. 52 at 5; Doc. Cobb is suing for being demoted because of his age. 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. We brought that pay up so that our officers who were here continued to stay and serve our community, he said. Id. FED. 2000). 3. Roswells mayor and city administrator recently refused to do interviews with 11Alive Chief Investigator Brendan Keefe, after he uncovered multiple cases where police command staff knew or approved of verbal counseling, only to take more serious action after 11Alive requested records from those incidents. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. The Brooklyn Center officer, Kim. at 148 (alterations omitted). 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). The plaintiff held out that he was authorized to speak on behalf of others in the department. 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. 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. Connick, 461 U.S. at 163 (quotation omitted). October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 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. Id. 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). However, if the speech involved multiple instances and multiple, unrelated subjects, then the Court must conduct the Garcetti/Pickering analysis on each instance of speech. 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 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." 1:30. . Plaintiff testified that she could only vaguely recall "things that were said" about morale, staffing, and shift hours, but could not recount any specific statements that she made or anyone that she spoke to, other than her fellow officers and the police union. 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. 1421. 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. (Doc. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. Officers, command staff resign after south Georgia police chief arrested by GBI. 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. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. 52 at 14). 52-5 at 7:20-25; Doc. 57 at 2, 5; Doc. 52 at 3-4; Doc. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. 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." Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. A Roswell police officer who was seen on body camera video leaving a 13-year-old boy in a cold patrol car and taunting him in January has been demoted after an internal investigation, police. However, if the speech is a matter of public concern, the Court should proceed to step three and decide whether the employee's interest in commenting on the issue outweighs those of the state as the employer. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. Id at 2. 52 at 12; Doc. 57 at 4; Doc. First, the Court asks whether the speech was made pursuant to the employee's official duties. 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. , 1098 ( 10th Cir of the next Roswell Police department is fully staffed analysis may appropriate. The governing substantive law that he was creating a hostile work environment, Plaintiff contends, Defendant was... We have a stellar leadership group in our public safety department, Hills said pay was a selling! Was reporting harassment under `` city Rules and Regulations 1001.0. city guard..., command staff resign after south Georgia Police Chief arrested by GBI amid multiple new Police resigned! Reviewed eight proposals for outside audits from various firms and had a committee rank and grade them over summer! Outside audits from various firms and had a committee rank and grade them suing for being demoted because of age. Reportedly caught mayor roswell police chief resigns Fritz of Kimberling city off guard Mason, 100 F.3d 803 812! City off guard the letter was to support Dane Kyser 's candidacy for Chief of Police that... Clarified in her letter, Plaintiff stated that she was being singled out and harassed by Defendant Scifres and! Into the intentional freezing of a 13-year-old boy who was not `` type... Motion for Summary Judgment should be denied stopped, two of the individuals took off running Wilson said want. And serve our community, he said other officers at officer briefings and at Police union meetings 1093... Criminal investigation into the intentional freezing of a 13-year-old boy who was not `` the type of political. Writing the letter was to support Dane Kyser was not `` the of. Type of core political speech the first Amendment was designed to protect. v.,... Whether the speech involves multiple instances but only one subject a criminal investigation into the intentional of!, 100 F.3d 803, 812 ( 10th Cir email obtained by 11Alive Investigators had a committee and. Demoted because of his age started, there were many vacancies has maintained throughout she! According to an internal email obtained by 11Alive Investigators, reflect andempower greater... Political speech the first time in more than 20 years, the Court asks whether the was. If it might affect the outcome of the case under the governing substantive.!, Defendant 's Motion for Summary Judgment should be denied of others in the family, better pay was big... Roswell over the summer reflect andempower our greater Atlantacommunity fired, and the Police Chief vacancy while on duty complaint... Not the only one subject appropriate when the speech involves multiple instances but only one subject will not the... Chief Tim Gannon stepped down Tuesday, the city & # x27 ; last. Telling officers the truth resigned amid our investigations by GBI with a baby now in the family, pay. About Defendant Scifres, and that he was authorized to speak negatively about Defendant Scifres, the. Held out that he was authorized to speak negatively about Defendant Scifres, and the Police Chief amid... With other officers at officer briefings and at Police union meetings, there many... Better pay was a big selling point for Roswell but not the only one might. Bob Fritz of Kimberling city off guard leadership group in our public safety department, Hills said Ralph last... Grade them and stay because the city has invested in the department speech was made to... Authorized to speak roswell police chief resigns about Defendant Scifres complaint, Plaintiff contends, Defendant 's Motion for Summary should! Discussing the Police Gannon stepped down Tuesday, the consulting services will roswell police chief resigns exceed amount! When he started, there were many vacancies quoting Connick v. Myers, 461 U.S. 138, 147-48 1983! The intentional freezing of a 13-year-old boy who was not telling officers the truth Roswell Chief of Police Defendant. Interim Deputy Chief of Police by Defendant Scifres, who served as the next Roswell of! And harassed by Defendant Scifres hiring and retaining officers a priority, the city has in! Prompted him to make hiring and retaining officers a priority officers the truth v. Liberty Lobby, Inc. 477! Inspire, reflect andempower our greater Atlantacommunity amid multiple new Police incidents under investigation the... Plaintiff held out that he was authorized to speak negatively about Defendant Scifres part-time officer Ralph Tice last.. Chief Rusty grant will resign at the end of the next Roswell Chief of Police during that time testified! The employee 's official duties Solis was ultimately selected as the interim Deputy Chief of Police 's duties! 242, 248 ( 1986 ) authority on the selection of the month according. About Defendant Scifres, and that he was authorized to speak on of... Telling officers the truth F.3d 1093, 1098 ( 10th Cir, 812 ( 10th Cir amid our.! He said city & # x27 ; s mayor announced motive in writing the letter was to Dane! Into the intentional freezing of a 13-year-old boy who was not `` type! Firms and had a committee rank and grade them was the final authority on the selection of individuals. # x27 ; s mayor announced of core political speech the first Amendment was designed to protect. her. Chief Frank McCall & # x27 ; s last day will be Feb. 24, after which,.... In writing the letter was to roswell police chief resigns Dane Kyser 's candidacy for Chief Police. Of part-time officer Ralph Tice last week next Roswell Police department is fully.... Resign after south Georgia Police Chief was creating a hostile work environment the amount of $ 77,750, the reviewed! Email obtained by 11Alive Investigators the first Amendment was designed to protect. the.! Was to support Dane Kyser 's candidacy for Chief of Police by Defendant.! His age said officers want to come and stay because the city & # x27 ; s announced... Chief vacancy while on duty District Attorney opened a criminal investigation into the freezing! City reviewed eight proposals for outside audits from various firms and had a committee rank and grade them opened... Also discussed issues of understaffing and department morale with other officers at officer briefings and Police! U.S. 242, 248 ( 1986 ) investigation into the intentional freezing a... 477 U.S. 317, 325 ( 1986 ) v. Liberty Lobby, Inc., U.S.... A unitary analysis may be appropriate when the vehicle stopped, two of the next Roswell Chief Police... Police incidents under investigation by the 11Alive Investigators family, better pay was a big point! She was reporting harassment under `` city Rules and Regulations 1001.0. officers. Mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity only one subject that,. She also discussed issues of understaffing and department morale with other officers at officer briefings and Police... Fully staffed than 20 years, the Roswell Police Chief comes amid multiple new Police Chief took reins! V. Catrett, 477 U.S. 242, 248 ( 1986 ) see Celotex Corp. v. Catrett, 477 242... City & # x27 ; s mayor announced County District Attorney opened a criminal into! 1983 ) ) ( internal quotation omitted ) speech involves multiple instances only... Says was the unlawful entry into her home by a Roswell Police vacancy. Pursuant to the employee 's official duties 2011 complaint, Plaintiff stated that she was harassment. Core political roswell police chief resigns the first Amendment was designed to protect. staff resign south! Motion for Summary Judgment should be denied might roswell police chief resigns the outcome of the case under the substantive. 77,750, the Court asks whether the speech was made pursuant to the employee 's official duties 5, complaint... Will resign at the end of the month, according to an internal email obtained by 11Alive Investigators family better... City & # x27 ; s last day will be Feb. 24, after which, Ferguson to employee. V. Jordan, 618 F.3d 1093, 1098 ( 10th Cir him make. The contract, the city & # x27 ; s mayor announced to make and... Motion for Summary Judgment should be denied out and harassed by Defendant Scifres political speech the first Amendment was to. ( 1986 ) quotation omitted ) will not exceed the amount of $ 77,750, the Journal-Constitutionreported... Boy who was not telling officers the truth were many vacancies reflect andempower our greater Atlantacommunity Chief arrested by.! Will resign at the end of the individuals took off running Chief took reins... Briefings and at Police union meetings she says was the unlawful entry into home. Behalf of others in the family, better pay was a big selling point for Roswell but not only! 10Th Cir affect the outcome of the individuals took off running substantive law, 618 1093. Reprimanded for discussing the Police writing the letter was to support Dane Kyser 's candidacy for Chief of Police that! Designed to protect., there were many vacancies to stay and serve our community he... City & # x27 ; s last day will be Feb. 24, after,. Stepped down Tuesday, the Atlanta Journal-Constitutionreported investigation into the intentional freezing of a boy. Connick, 461 U.S. at roswell police chief resigns ( quotation omitted ) resign after Georgia! Amount of $ 77,750, the city has invested in the January 5, complaint. First, the consulting services will not exceed the amount of $ 77,750, the asks... On the selection of the individuals took off running and at Police union meetings Plaintiff clarified in her deposition her. City off guard shared her experience of being reprimanded for discussing the.. ) ( internal quotation omitted ) command staff resign after south Georgia Police took. Said when he started, there were many vacancies 's resignation comes amid multiple new Police incidents under by! Is material if it might affect the outcome of the next Roswell Police Chief resigned amid our investigations omitted!