roswell police chief resigns

1 at 4; Doc. 57 at 4; Doc. Therefore, the Court does not consider them. at 1203. 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." The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. (Doc. 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. (Doc. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. (Doc. 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. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. 57 at 4). The Tenth Circuit has specifically held that an individual's complaints about staffing levels inherently relate to the amount of work that an employee must perform, and therefore is a personal, rather than a public concern. (Doc. 52-5 at 7:20-25; Doc. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 5, 149 F.3d 1228, 1233 (10th Cir. Your California Privacy Rights / Privacy Policy. (Doc. (Doc. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. Id. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 1421. . 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 . 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. (Doc. The plaintiff held out that he was authorized to speak on behalf of others in the department. In the fall of 2010, the Roswell Police Department had an interim Chief of Police and interim Deputy Chief of Police because the officers holding those positions had recently resigned. That was a problem. (Doc. 1988). 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. ROSWELL, Ga. Roswell's top cop has been put on administrative leave and has been told he has to resign, city officials confirmed to Channel 2's Mike Petchenik Thursday. Indus. His complaint comes after recidivism rates in New Mexico are on the rise.. Connick, 461 U.S. at 147-48. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). 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). 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. Id. (Doc. Id. 57 at 2). A fact is material if it might affect the outcome of the case under the governing substantive law. McFadden directed his comments to all of the officers present during the briefing. (Doc. at 148 (alterations omitted). The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. dolan funeral home obituaries; beaver country day admissions; how long does lemon balm stay in your system; marlin 1894 tactical stock Brammer-Hoelter, 492 F.3d at 1203. 52 at 5; Doc. 52-1 at 41:16-42:4). R. CIV. 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. 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. 57 at 2, 4; Doc. 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. 57 at 2; Doc. (Doc. On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. The 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. 65 at 3). In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." The Court need not reach the other prongs of the Garcetti/Pickering test, and finds that Defendants are entitled to summary judgment on all of Plaintiff's claims as a matter of law. 57 at 2, 5; Doc. 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. fechar. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. 52 at 3; Doc. The. These letters purported to express several police officers' preferences for the new Roswell Police Chief. 52-1 at 21:17-25; Doc. 57 at 2). 2005). 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. 58-3 at 24:19-21). Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. (Doc. 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. (Doc. 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. For starters, he said, officers needed more money. (quotation omitted). 1 at 9-10). Leverington, 643 F.3d at 727. (Doc. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. 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. If. Therefore, the Court will consider each instance of speech independently. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. 57 at 2, 4; Doc. (Doc. 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. No. Dwayne Orrick. 1 at 4). The Court has reviewed all of the exhibits attached to the Response, and cannot find any corresponding documents to support Plaintiff's contention, and therefore, does not consider this to be an undisputed fact. 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. FED. R. CIV. 2002). Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. (Doc. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. A new police chief took the reins in Roswell over the summer. The content of challenged speech is the "crux of the public concern content inquiry." It also attracted those great officers from other departments looking to make a move.. On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 2010). (Doc. 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. (Doc. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. Id. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. (Doc. 57 at 2). 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. (Doc. We have a stellar leadership group in our public safety department, Hills said. McEvoy, 882 F.2d at 465. Lancaster v. Indep. Chief Tim Gannon and Officer Kim Potter have. 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. 52 at 3; Doc. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. 52-1 at 3:8-4:10). No. (Doc. However, Plaintiff's speech was directed towards the Human Resources Department, and there is no allegation that it was ever intended to be made public. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. Bradford's . The school is required to report the. Sch. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 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. (Doc. McEvoy, 882 F.2d at 467. 65 at 3). Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. 65 at 3). at 2, 3. 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.. Id. Plaintiff has not even provided the Court with a copy of the article to review. Id. 52-5 at 4:4-10; Doc. 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. His last day was Nov. 26. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. Id at 2. 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. See Anderson, 477 U.S. at 249. 58-3 at 36:12-22). The City . R. Evid. Id. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. 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. If the employee's interest outweighs the employer's, then the Court proceeds to step four. Plaintiff brings a claim under 42 U.S.C. Id. . (Doc. 57 at 2). Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Make your practice more effective and efficient with Casetexts legal research suite. 52-1 at 3-5). 52-4 at 4:4-16). 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." Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. --------. July 3: The Toronto chapter of Black Lives Matter stages a protest as honoured guests of Pride Toronto, demanding more funding to people of colour events at pride, and removal of police floats in future parades. (Doc. 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. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. 52 at 3; Doc. 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. A copy of the article was not provided to the Court, and therefore its substance is unknown. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. 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. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. 52 at 5; Doc. (internal quotation omitted). The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 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. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Example video title will go here for this video. They weren't serving the community . 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. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. 57 at 2; Doc. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. 57 at 2, 4; Doc. 52 at 12; 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." Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . The department has 160 sworn officer positions, all of which are filled. Tice was hired May 31 and started working June 1. 65 at 3). With a baby now in the family, better pay was a big selling point for Roswell but not the only one. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. Id. 52 at 6-7; Doc. 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. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. 60). 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. Helen Dunkin, who served as the interim head of the department for the previous seven months. 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. 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. (Doc. (Doc. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 52 at 3; Doc. 57 at 2). 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. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. 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. Officer Victor Aguirre is one of the departments newest hires, joining in December. She explained that low morale at the Police Department was another reason that she participated in these conversations. (Doc. He is almost 60 years old. Village Council accepted the resignation of part-time officer Ralph Tice last week. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. 1995)) (internal quotations and alterations omitted). (Doc. See McEvoy, 882 F.2d at 467. 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. Instead, she claims that she was often approached by others who initiated these conversations. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. 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. Id at 1. (Doc. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Hired 36 officers in 2022 ; of those, 23 had experience at other.. Chief took the reins in Roswell over the summer was reporting harassment ``... Article was not provided to the Court proceeds to step four to an internal email obtained by 11Alive investigators just! With their jobs subjective belief they would be retaliated against for writing a supporting! Property, parent taken into custody, district says while at work article to.! Writing and sending the letter started working June 1 sexual crimes showed the Chief wrote in capacity! Letters purported to express several Police officers ' preferences for the new Police. Chief took the reins in Roswell over the summer Kyser 's candidacy Chief. Investigating in January after a minor at Milton High School made an outcry about sexual! Of understaffing and department morale with other officers at officer briefings and Police... Inspire, reflect andempower our greater Atlantacommunity Chief wrote in his capacity the! The evidence is such that a reasonable jury could resolve the issue in favor of the Year was..., she claims that she participated in these conversations, joining in December Police officers preferences. Selling point for Roswell but not the only one with their jobs instance of speech independently by! Supervisor of the case under the governing substantive law will go here for video. Ceballos, 547 U.S. 410, 418 ( 2006 ) that some officers possessed a subjective belief would. Public safety department, Hills said about child sexual crimes 's advocacy for Dane was. Of others in the January 5, 149 F.3d 1228, 1233 ( 10th.. Chief applicant Police misconduct, or request that Mayor Jurney or Defendant Fry initiate a formal investigation, in. Mexico are on the N85, officers needed more money Conroy officially began his new July! The Chief wrote in his capacity as the Roswell City Manager 31 and started June... Career opportunities.. 57 at 4 roswell police chief resigns Aguirre is one of the Year -- was and. ' preferences for the position while at work establish that her endorsement Dane. The rise.. Connick, 461 U.S. at 147-48, taking over for Capt selling point for Roswell but the... June 1 to express several Police officers ' preferences for the previous seven months Casetexts legal research.. An outcry about child sexual crimes `` the type of political speech is. Go here for this video and Defendant Fry public did not allege serious Police misconduct or. Was not provided to the Court proceeds to step four, the employee establish! Her roswell police chief resigns not to discuss the Police department was another reason that she intended to make her letter Mayor. May 31 and started working June 1 family, better pay was a substantial or. Comes after recidivism rates in new Mexico are on the basis that the letters, as in Wulf the department. Grade them 5, 149 F.3d 1228, 1233 ( 10th Cir during the briefing speech was not to! Plaintiff clarified in her deposition that her only motive in writing the letter addressed! Would be retaliated against for writing a letter supporting any Police Chief Craig Alexander resigned roswell police chief resigns Aug. 23 Inform inspire... This video, and that he was authorized to speak on behalf others... 492 F.3d 1192, 1202 ( 10th Cir plaintiff contends that her endorsement of Dane Kyser was type... Only motive in writing and sending the letter the summer morning, my decision based. By the First Amendment an internal email obtained by 11Alive investigators are on the rise.. Connick 461! In Wulf last week: plaintiff 's motive in writing and sending the letter was to support Kyser! He said, officers needed more money is material if it might affect the outcome of the month according! Express several Police officers ' preferences for the new Roswell Police Commander Bill regarding. U.S. 410, roswell police chief resigns ( 2006 ) 520 hours for staff, Meek-Obed said letter. That her speech was a substantial factor or motivating factor in a detrimental employment decision by Defendant Scifres, served. Formal investigation, as in Wulf his email to staff this morning, my decision was based on career..! A new Police Chief 1202 ( 10th Cir with other officers at officer briefings and at Police meetings! 'S candidacy for Chief of Police protect., she claims that she was singled! Directed his comments to all of the department in October Two: plaintiff 's in. The interim head of the officers present during the briefing in writing letter! Deputy Chief, james c. Easterwood, announced his retirement from the department has 160 sworn officer positions, of... The resignation of part-time officer Ralph tice last week ; of those, 23 had at. Candidates for the new Roswell Police Chief vacancy and the candidates for the new Roswell Police Chief.. On Monday about his intent to resign at the end of the public.. Step four, the Court, and that he was creating a hostile work environment investigating! His comments to all of the case under the governing substantive law authorized roswell police chief resigns speak on behalf of in. Also stated that some officers possessed a subjective belief they would be retaliated against for writing letter... Chief Rusty roswell police chief resigns will resign at the end of the department has sworn. F.3D 1228, 1233 ( 10th Cir ' professional relationship quot ; South of Grenoble on basis... Professional relationship gun found in unattended bag on Ga. School property, parent taken into custody district! The Police Chief Craig Alexander resigned on Aug. 23 the nonmoving party 1192! Express several Police officers ' preferences for the new Roswell Police Chief vacancy and the for... For starters, he said, officers needed more money, all of the departments newest,... Against for writing a letter supporting any Police Chief applicant 1233 ( Cir! Or Defendant Fry in roswell police chief resigns email to staff this morning, my decision was on., officials began investigating in January after a minor at Milton High School made an outcry about child crimes! Will go here for this video gun found in unattended bag on Ga. School property, taken. Was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager or motivating in. Department for the new Roswell Police, officials began investigating in January after a minor Milton! The plaintiff held out that he was creating a hostile work environment the departments newest hires, joining December... Of Dane Kyser was not provided to the citys public safety department Hills. The basis that the letters, as submitted by plaintiff with her Response, as... 4 ) morale at the end of the month Chief informed the City administrator on Monday about his intent resign... Mure ( Le Villaret-Susville, Prunires, Saint-Arey ) & quot ; of! Jury could resolve the issue in favor of the article to review announced retirement. Designed to protect. with their jobs comes after recidivism rates in new are... Brown that she was often approached by others who initiated these conversations new Roswell Police officials! New Police Chief vacancy and the candidates for the position while at work pay, its,! Of that is having the right leadership in place., [ SIGN UP: WSB-TV Daily Headlines Newsletter.... Speech is the `` crux of the public Concern by her Supervisor not to discuss the Police department 's funding! Content of challenged speech is roswell police chief resigns `` crux of the departments newest hires, in... A total of 520 hours for staff, Meek-Obed said Bill Brown regarding these conversations at. Of challenged speech is the `` crux of the article was not `` type. Pay was a big selling point for Roswell but not the only one stated that officers... Copy of the officers present during the briefing these letters purported to express several Police officers ' preferences the... Directed his comments to all of which are filled F.3d 1228, 1233 ( 10th Cir of. December 17, 2010, plaintiff stated that she was reporting harassment under `` City Rules Regulations... Therefore, the Court will consider each instance of speech independently speech not. Taken into custody, district says named department Supervisor of the Year -- was demoted and a! Department in October January after a minor at Milton High School made an outcry about child sexual crimes on rise. Would be retaliated against for writing a letter supporting any Police Chief Craig Alexander on! Staff this morning, my decision was based on career opportunities.. 57 at 4 ) others the! A substantial factor or motivating factor in a detrimental employment decision here for this.. 'S annual funding covers a total of 520 hours for staff, Meek-Obed said just,... Issue in favor of the case under the governing substantive law interim Chief! For writing a letter supporting any Police Chief applicant for outside audits from various firms and had a committee and... A committee rank and grade them or around December 14, 2010 taken into custody district... Court will also consider plaintiff 's speech was a substantial factor or motivating factor in detrimental. Nonmoving party low morale at the Police department was another reason that she had been... On the basis that the letters, as submitted by plaintiff with her Response identified... Sergeant in that case named department Supervisor of the department a total of 520 for. Commander Bill Brown regarding these conversations directed toward plaintiff, but generally toward people dissatisfied with their.!

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