"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." Published: Apr. (Doc. 57 at 6; Doc. (Doc. (Doc. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. 52 at 5; Doc. Id. 65 at 3). 1:30. 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. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. 57 at 13). To be sure, the Court will further analyze Plaintiff's motivation for her speech. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Id. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 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. (Doc. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (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 148 (alterations omitted). 58-3 at 3:6-10). 57 at 2). 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. 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. City residents approved a $52 million public safety bond. trinity high school principal resigns. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). The official announcement simply called it a retirement, but. . (Doc. 57 at 2). 57 at 2-3; Doc. R. CIV. 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. The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. Further, Plaintiff has not alleged that any of these letters form the basis of her claim. Funding for the audit will come from the police departments budget for the 2019 fiscal year. 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. She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. (Doc. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Sch. 1 at 9-10). Fortunately, she was not hurt. 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." . P. 56(c) and Fed. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 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. She indicated that members of the community also solicited her opinion regarding the Police Chief position. (Doc. 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." 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 . On the dumps of the coal mines surrounding this city, one can collect a number of minerals. The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. FED. (Doc. One of the things that was very clear from my perspective was, as a resident, somebody needs to protect the police, Wilson. Id. Commander Brown is the Support Services Commander of training and recruiting, the systems administrator for the records management system, and the accreditation manager for the New Mexico Municipal accreditation process. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. 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. 57 at 2). Therefore, the Court does not consider them. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. (Doc. 65 at 3). Bass v. Richards, 308 F.3d 1081, 1089 (10th Cir. The two represented the entire village force. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. 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. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. 60). This comes as law enforcement agencies across the country struggle to fill vacancies. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 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. Brammer-Hoelter, 492 F.3d at 1203. Feb 26, 2023. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. 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. woburn police scanner live. 65 at 5). Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. DPD moved to fire cop hit with 85 complaints, accusations. 1 at 3, 4). Id. 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. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. USA TODAY. Id. 52 at 6; Doc. 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. Defendants also maintain that Plaintiff has not set forth enough facts to show that any adverse employment decision made was for a reason other than her commission of a battery against a household member. As discussed above, speech that "discloses any evidence of corruption, impropriety, or other malfeasance on the part of city officials" will generally be on matters of public concern. (Doc. To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein. Leverington, 643 F.3d at 727. She explained that low morale at the Police Department was another reason that she participated in these conversations. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. 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. 52 at 5; Doc. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. When the vehicle stopped, two of the individuals took off running. She explained that she wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. 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. 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. In Hom, the plaintiff claimed that he was fired from the Utah Department of Public Safety for filing grievances against his supervisors for failing to honor his employment contract and compensate him fully for his work. at 465. 1989). The police chief's resignation is effective Tuesday. Plaintiff requested that the Human Resources Department intervene and require Defendant Scifres to immediately cease his offending behavior and attend a session on workplace harassment. And we can only do this with your help. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. She testified at her deposition that she warned fellow officers and members of the community that if Defendant Scifres were to be selected for the Police Chief job that: "Officers would quit. 58-3 at 14:18-24). I heard good things about them, Aguirre said. Plaintiff alleges that during that time she advocated for one of her fellow officers for the Chief of Police position, and encouraged other police officers to voice their support for their favorite candidate. 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. See Johnsen v. Indep. 60). 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. (Doc. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. (Doc. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 1984). A copy of the article was not provided to the Court, and therefore its substance is unknown. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 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. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. See Borough of Duryea, 131 S. Ct. at 2501. 57 at 4; Doc. 57 at 2, 4; Doc. 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. 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 following letter to the Lords of the board of trade, Governor Wright commends Noble Jones' services as chief justice of the colony after Mr . THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. Pursuant to 28 U.S.C. 2005). Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). Id. N'dea Yancey-Bragg. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. Having considered the content, context, and form of Plaintiff's speech, as well as her stated motives, the Court does not find that Plaintiff's speech was on a matter of public concern. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. Officers would not respond to their calls. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. 58-3 at 24:19-21). Lighton, 209 F.3d at 1224. 58-3 at 36:12-22). When a government employee speaks on a matter of public concern, her employer may only restrict her speech because it is necessary for the efficient and effective delivery of services. She testified at her deposition that: "Officers didn't want to do anything. 52-1 at 37:12-22). 57 at 2). 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. 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." 52-1 at 41:16-42:4; Doc. 52 at 12; Doc. Connick, 461 U.S. at 163 (quotation omitted). 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. 65 at 3). I have known Dane Kyser to be fair and consistent." Therefore, the Court will consider each instance of speech independently. (Doc. Speech may involve a public concern when the speaker intends to "'bring to light actual or potential wrongdoing or breach of public trust'" by a public officer, or to disclose "evidence of corruption, impropriety, or other malfeasance" within a governmental entity. (Doc. 57 at 4; Doc. That prompted him to make hiring and retaining officers a priority. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. 60-9 at 2-19), are impermissible hearsay in contravention of Fed. In addition to higher pay, police are getting a bigger place to work. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. She went off-duty in February. 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 complained that McFadden had an outburst during the briefing over his perception that the other officers believed he was promoted because of his friendship with Defendant Scifres. 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. Therefore, the Court cannot find that her motivation in engaging in these conversations with other officers andcity employees was to disclose any official misconduct, malfeasance, or breach of the public trust. 57 at 2, 4; Doc. 57 at 2). Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. (Doc. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. Sheriff Orvis Campbell said his department was already. 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." (Doc. 65 at 3). 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. 2. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Conaway, 853 F.2d at 796. Officers, command staff resign after south Georgia police chief arrested by GBI. 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. Id. Indus. Dennis Nett | dnett@syracuse.com. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. (Doc. 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." See Hom, 81 F.3d at 969. We brought that pay up so that our officers who were here continued to stay and serve our community, he said. 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. 1/8/2020. 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. 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. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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. (Doc. (Doc. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. (Doc. 52-1 at 37:2-7). Id. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." Mondays move by the council comes after former members of the police department were involved in a handful of controversial incidents in the past year. 65 at 3). (Doc. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. 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. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Improving vehicles, technology, everything is moving up. 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. 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'. 1988). Conversations with Fellow Officers and Other City Employees. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). Id. Example video title will go here for this video. 57 at 2). Id. 57 at 2). 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%. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Complaint to the Human Resources Department: January 28, 2011. For starters, he said, officers needed more money. Id. 52-1 at 18:17-25; Doc. at 2. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. 52 at 14). The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. 52 at 5; Doc. 1 at 4; Doc. (Doc. 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). His last day was Nov. 26. 57 at 14). If it is not a matter of public concern then it is not constitutionally-protected speech. The police officer who shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop in Brooklyn Center, Minnesota, on Sunday has resigned from her position amid widespread protests. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. See id. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. 52 at 5; Doc. Id. 57 at 4; Doc. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. It is true that political expression has long been afforded the broadest protection by the First Amendment. 52-1 at 3:8-4:10). 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. 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 . Id. In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. 52 at 4; Doc. 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. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. Most of the letters were unsigned. 57 at 2). Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. He is almost 60 years old. 52 at 3; Doc. 57 at 2). Helen Dunkin, who served as the interim head of the department for the previous seven months. Defendants contend that they are entitled to judgment as a matter of law because Plaintiff has failed to demonstrate that any of her speech is a kind that was protected by the First Amendment. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." 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. See FED. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . Kim Potter, a 26-year police. 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. (Doc. 2023 www.timesreporter.com. 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. 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