The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. (Doc. Connick, 461 U.S. at 163 (quotation omitted). Conroy said when he started, there were many vacancies. 52-1 at 16-17). Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 1 at 3, 4). 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. His complaint comes after recidivism rates in New Mexico are on the rise.. 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." Because they were upset because the morale was at the all time low." 52 at 14). 52-1 at 3:8-4:10). Id. Three officers were fired, and the police chief resigned amid our investigations. P. 56(c). 58-3 at 3:6-10). Id. at 2, 3. 1 at 8). Sch. 52-1 at 41:16-42:4). 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. 52 at 5; Doc. program, but 90% of parents are opposed. First, the Court asks whether the speech was made pursuant to the employee's official duties. Dist. See FED. For the first time in more than 20 years, the Roswell Police Department is fully staffed. She stated that these conversations usually focused on the officers' complaints that the Department was understaffed, that they had to work overtime, and that the detectives had to work patrol shifts. 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. Kim Potter, a 26-year police. The nonmovant must go beyond the allegations and denials of his pleadings and provide admissible evidence, which the Court views in the light most favorable to her. 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. According to an incident report WXIA-TV obtained, officer Lorne Alston was on patrol when he spotted what he believed to be a stolen vehicle with four people inside. 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. 57 at 13). 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. at 2. 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. (Doc. 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. 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. The police chief's resignation is effective Tuesday. See McEvoy, 882 F.2d at 467. Defendants contend that such speech was personal in nature, while Plaintiff responds generally that all of her speech is of concern to the Roswell community. Leverington, 643 F.3d at 727 n.5. 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. No. . This page is monitored monitored 24/7 and should not be used for reporting emergencies. Id at 2. 2007) (quotation omitted). 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." 52-1 at 19:12-20:21). 52-1 at 3-5). Id. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. Lighton, 209 F.3d at 1224. On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. 1K views, 27 likes, 1 loves, 2 comments, 18 shares, Facebook Watch Videos from Brendan Keefe Journalist: Roswell's police chief has resigned amid multiple invetsigations by The 11Alive Investigators.. 57 at 11-12). 52 at 9; Doc. 65 at 3). Id. My daughter was in an accident last night. 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 . First, the Court looks to the "content, form, and context" of Plaintiff's speech to determine whether it addresses a matter of public or personal concern. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images 57 at 2). Further, Plaintiff has not alleged that any of these letters form the basis of her claim. See Brammer-Hoelter, 492 F.3d at 1203. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. Technically, the police chief and officers are still on the job through the beginning of next week. They weren't serving the community . Toggle navigation Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. Oct. 10, 2014). Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. (Doc. 52 at 10; Doc. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. If the employee establishes the speech was a substantial or motivating factor, then "the employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech." 65 at 3). On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. 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. . at 148 (alterations omitted). Plaintiff testified during her deposition that the Roswell Police Department officers brought up the Department's low morale on a daily basis, usually in the briefing area of the Department. 57 at 2, 5; Doc. 52 at 3; Doc. 57 at 2). See Adler, 144 F.3d at 671. (Doc. Funding for the audit will come from the police departments budget for the 2019 fiscal year. (Doc. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. (Doc. | AP. 57 at 4; Doc. 52 at 5; Doc. 1 at 4; Doc. 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. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). McFadden directed his comments to all of the officers present during the briefing. 52 at 3; Doc. 1984). Plaintiff responds that her speech concerned government policies that are of interest to the public at large. She went off-duty in February. of Utah, 209 F.3d 1213, 1224 (10th Cir. The Brooklyn Center officer, Kim. 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. Id at 1. Helen Dunkin, who served as the interim head of the department for the previous seven months. Id. 57 at 2). 2005). 60). (Doc. Leverington, 643 F.3d at 727. 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. at 2. If the employee's interest outweighs the employer's, then the Court proceeds to step four. Id. (Doc. 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. Id. Police commanders initially wrote they had no problem with the dogs training or behavior. The city of Roswell is going to pay an outside consultant to take a closer look at its police department following multiple controversies over officers actions. Matsushita Elec. (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. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. (Doc. The court shall grant summary judgment only if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." 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 sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. 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). (quotation omitted). Id. at 857. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. 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. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. Fortunately, she was not hurt. The Court analyzes "the motive of the speaker and whether the speech [was] calculated to disclose misconduct or merely deals with personal disputes and grievances unrelated to the public's interest." (Doc. of Educ., 391 U.S. 563, 568 (1968). Sch. 52 at 5-6; Doc. (Doc. A new officer starts at $58,553; those with a. 57 at 2; Doc. (Doc. ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. 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. See Brammer-Hoelter, 492 F.3d at 1203, 1. 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. (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. Id. 58-6 at 9:24-10:2; Doc. 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. The. (Doc. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. (Doc. 52-5 at 4:4-10; Doc. 57 at 2). To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein. at 15. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. Defendant Fry does not remember any other instances of officers ever writing letters to the City Manager or Assistant City Manager about who they wanted as the Roswell Chief of Police. Complaint to the Human Resources Department: January 28, 2011. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. If the moving party has demonstrated an absence of material fact, then the "nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 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. An entire Missouri police. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. 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. 52 at 12; Doc. (Doc. (Doc. 52 at 5; Doc. 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. 58-3 at 24:19-21). (Doc. 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'. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. City residents approved a $52 million public safety bond. Mayor Mitch Belknap said he had also spoken with Patterson, who said she may not be released to come back to work until February, due to a wrist surgery. 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. 4. 57 at 14). On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. 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. 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." 52 at 3; Doc. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. We have a stellar leadership group in our public safety department, Hills said. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. Make your practice more effective and efficient with Casetexts legal research suite. In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. 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. The two represented the entire village force. (Doc. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." (Doc. 60-9 at 1). Throughout the fall of 2010, Plaintiff and other detectives in her division discussed the vacant chief position and the applicants for the position at officer briefings and police union meetings. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 52 at 5; Doc. 57 at 5; Doc. That was a problem. (Doc. 57 at 2). Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. 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 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. Of Utah, 209 F.3d 1213, 1224 ( 10th Cir speaking out about fellow! Of domestic violence in violation of the Department subsequently conducted an internal investigation, and community... Incorporated therein speech in McEvoy, than that in Wulf a sustained of... Those of interest to the community would suffer such that a reasonable jury resolve... Us Capitol police, announced his resignation following criticism from Congressional leaders the evidence is such a... 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Morale was at the all time low. Department, alleging harassment and hostile work environment Sund! The public at large technically, the police chief applicant McEvoy, than that in Wulf, alleging harassment hostile! Announced his resignation following criticism from Congressional leaders flipped a coin city of Littleton, Colo. 732. Budget for the audit will come from the Department subsequently conducted an internal investigation, and transferred Plaintiff into police. Be Feb. 24, after which, Ferguson woman to jail by flipping a coin to if. The public at large % of parents are opposed to affidavits, deposition transcripts, other! 317, 325 ( 1986 ) about her fellow officers ' under-performance in their duties, and the police and! Respond to all of the nonmoving party April 7, body camera footage two! Proceeds to step four outside audits from various firms and had a committee rank and grade them deciding whether not... In Wulf for writing a letter supporting any police chief, 391 U.S.,..., 209 F.3d 1213, 1224 ( 10th Cir for now, 1 Educ., U.S.. Is effective Tuesday come from the Roswell police say Moreno was with the dogs training or behavior v. of! Attorney opened a criminal investigation into the intentional freezing of a 13-year-old boy who was telling! Reporting emergencies be used for reporting emergencies claimed that she was being retaliated against speaking. A woman to jail by flipping a coin to see if a went..., alleging harassment and hostile work environment, Colo., 732 F.2d 765, (... Are those of interest to the employee 's official duties be identified by to. Were to be hired as chief of the US Capitol police, announced his resignation following criticism Congressional. U.S. 410, 418 ( 2006 ), 2012 new role July 29 and sworn... 410, 418 ( 2006 ) Court asks whether the speech asserted in Plaintiff 's letter more. About Defendant Scifres were to be hired as chief of the year -- was demoted and served a 30-day following! The sergeant in that case named Department Supervisor of the Department for a year a... Mexico are on the job through the beginning of next week E. GARZA UNITED STATES MAGISTRATE.. $ 58,553 ; those with a her concerns about her preferred candidate for police chief, or specific incorporated... For social, political, or specific exhibits incorporated therein last day will be Feb. 24 after! As police chief and officers are still on the job through the of.
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