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. 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. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. The. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] 52 at 6; Doc. 52 at 9-10; Doc. 1988). Therefore, the Court will consider each instance of speech independently. . [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. 1421. (Doc. The morale is down." In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 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. 57 at 2). The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. (Doc. In a proposal from Washington, D.C.-based CPSM to Roswell dated Aug. 6, the consulting firm writes, We understand that the police department is currently suffering from a series of incidents which have raised questions about the professionalism and culture of the agency.. (Doc. While, the first three steps in the Garcetti/Pickering analysis are questions of law for the Court to decide, id., they may turn on resolution of a factual dispute by the jury. Plaintiff's statements consisted of her subjective belief about her under-performing fellow officers, and speculation about what would happen if Defendant Scifres became Police Chief. 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. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. See Johnsen v. Indep. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. 52 at 14). 52 at 12; Doc. The official announcement simply called it a retirement, but. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. No. She stated her belief that Defendant Scifres had been the one who told Commander Brown to reprimand her in December, 2010 for discussing the Police Chief vacancy while on duty. 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. 2007) (quotation omitted). Officers would not respond to their calls. Id. Conaway, 853 F.2d at 796. Id. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. No. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. 1 at 8). 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." Girls high school basketball team forfeits a game because it refused to play against a team with a transgender player, Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen, Not Going to Read That: White House Press Secretary Brushes Off DeSantis Op-Ed, Owner of popular Roswell restaurant accused of child sex crimes, Furniture store supports 'Sunny' days for Georgia families, Dallas Police Department terminates officer, suspends another, 3 Detroit police officers injured during 2 separate incidents, Clarksville Police Department hires 9 new officers. Lighton, 209 F.3d at 1224. Id. These letters purported to express several police officers' preferences for the new Roswell Police Chief. (Doc. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. Alston announced several times that . 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. 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. Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. R. Civ. 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. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. 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 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. (Doc. Please consider becoming a member of WABE today. See Panis, 60 F.3d at 1490. 1996). 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. at 857. 57 at 2). 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. 65 at 4). He is almost 60 years old. 57 at 2, 4; Doc. Id. 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. The deputy chief abruptly retired from law enforcement. Dwayne Orrick. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. (Doc. PREVIOUS: Teen following police commands is brutally attacked by Roswell K-9. 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. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. 57 at 2). She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. That was a problem. Plaintiff contends it is undisputed that she also discussed her concerns about the Police Department with officers and citizens at the City of Roswell Yucca Community Center. Id. She seeks damages and equitable relief. Plaintiff also argues that the "Discrimination/Harassment Complaint Form" that she filed with the Human Resources Department on January 28, 2011 was protected speech that led to adverse employment decisions. 52 at 6-7; Doc. Helen Dunkin, who served as the interim head of the department for the previous seven months. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 57 at 2). Complaint to the Human Resources Department: January 5, 2011. The Brooklyn Center officer, Kim. they would just take their calls, that's it. 1989). The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 58-3 at 24:3-18). The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. 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. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. In her letter to Mayor Jurney and Defendant Fry, Plaintiff wrote: "I would like to show my support for Dane Kyser for Chief of Police of the Roswell Police Department. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. of Colo., 427 F.3d 1253, 1263 (10th Cir. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. Because they were upset because the morale was at the all time low." Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. (Doc. When the vehicle stopped, two of the individuals took off running. 52 at 5; Doc. Connick, 461 U.S. at 163 (quotation omitted). Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. 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. Plaintiff maintained throughout her deposition that she did not mean to say anything negative about Defendant Scifres, and that she only wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. 1 at 4). A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. 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. 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 . (Doc. 31). 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. Complaint to the Human Resources Department: January 28, 2011. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. However, when asked to provide specific information regarding the facts underlying her complaint, she only described events that occurred on January 3, 2011 that involved McFadden. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. Wilson, 732 F.2d at 768. Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. 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. . Id. 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. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. 52-1 at 16-17). See Anderson, 477 U.S. at 249. Some people are upset at the way iPhones charge. 65 at 3). Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. McFadden directed his comments to all of the officers present during the briefing. (Doc. To be sure, the Court will further analyze Plaintiff's motivation for her speech. (Doc. 57 at 2). If it is not a matter of public concern then it is not constitutionally-protected speech. 57 at 14). Id. (Doc. Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. At this time we arent going to comment as we are still working through the many issues, city administrator Gary Palmer wrote in response to Keefes request for an interview last week. 65 at 3). 57 at 2). Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. 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. 1 at 9-10). Village Council accepted the resignation of part-time officer Ralph Tice last week. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. This comes as law enforcement agencies across the country struggle to fill vacancies. (Doc. at 1203. Roswell Police did show up quickly, but they are running a scam through American Towing, Inc. My daughters car was parked in a parking lot after the accident. 52-4 at 4:4-16). (quotation omitted). (Doc. (Doc. She wrote that McFadden had an outburst during an officer briefing because he perceived his fellow officers as believing that he only received a promotion because of his friendship with Defendant Scifres. (Doc. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 2002). In addition to higher pay, police are getting a bigger place to work. 52-1 at 3-5). 3, 891 F.2d 1485, 1492 (10th Cir. (Doc. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. If. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. She wrote that she had talked to other officers and advised them that she was going to write a letter in support of Dane Kyser's application for Police Chief, and that she had encouraged them to write letters. of Utah, 209 F.3d 1213, 1224 (10th Cir. (Doc. (Doc. P. 56(c). 1996) (quotation omitted). To be sure, the Court will compare the facts here with previous Tenth Circuit decisions considering the nature of a police officer's written speech. The police department of Kenly, North Carolina has quit in protest at the town's newly hired "progressively responsible" town manager -- who the police chief said created a "hostile work environment." See Adler, 144 F.3d at 671. 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. 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. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. Sheriff Orvis Campbell said his department was already covering 98% of the calls in. 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. 52 at 3; Doc. Id. at 148 (alterations omitted). Dist. 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. 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. 57 at 2; Doc. Dennis Nett | dnett@syracuse.com. First, the Court asks whether the speech was made pursuant to the employee's official duties. 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. In this instance, the subject matter of Plaintiff's speech was that Defendant Scifres distributed an article that offended her, and the stated purpose of Plaintiff's speech was to file a grievance against Defendant Scifres and complain about a hostile work environment. R. CIV. 57 at 6; Doc. The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. Police commanders initially wrote they had no problem with the dogs training or behavior. She also attached a message that McFadden published on a social-media website, which she contends was posted "[a]fter letters of support were known." Fortunately, she was not hurt. 57 at 2). 52 at 4; Doc. (Doc. Id. Cole is shown here during a school board meeting in May 2022. | AP. 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. 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. 60). She indicated that members of the community also solicited her opinion regarding the Police Chief position. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. See Brammer-Hoelter, 492 F.3d at 1203, 1. 52-5 at 7:14-19; Doc. Associated Press 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 972. 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. 60-9 at 1). See Hom, 81 F.3d at 969. . He also complained that he had not been selected for a promotion or specialized training. Plaintiff alleges that the letter she gave to Mayor Jurney and Defendant Fry on December 17, 2010, in which she pledged her support for Dane Kyser for Roswell Police Chief, is entitled to First Amendment protection. 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. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. Example video title will go here for this video. JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation; LARRY FRY and JODY SCIFRES, in their individual and official capacities; and DENNIS KINTIGH in his official capacity, Defendants. 52-5 at 7:14-19; Doc. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 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. 52 at 14). 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 . P. 56(a). Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. 52-1 at 41:16-42:4; Doc. 801. The final two steps of the inquiry should ordinarily be decided by a trier of fact. 1984). The plaintiff held out that he was authorized to speak on behalf of others in the department. N'dea Yancey-Bragg. 57 at 5; Doc. USA TODAY. Rather, her interest was to discuss her opinions regarding low employee morale, low retention rates, officer shift schedules, and her preference for her next supervisor. Id. Defendant Fry has been City Manager since approximately October, 2010. The Court must consider relevant factors, such as the time frame in which the speech occurred, the audiences to which the speech was directed, the continuity of the speech, and the degree to which the different aspects of the speech created a cumulative impact on the government employer. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. Most of the letters were unsigned. McEvoy, 882 F.2d at 467. (Doc. 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. 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. Therefore, the Court must find that Plaintiff's statements were not on a matter of public concern, and that Defendants are entitled to summary judgment. See McEvoy, 882 F.2d at 467. 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. 52-1 at 41:16-42:4). 52 at 5; Doc. (Doc. 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." 57 at 2, 4; Doc. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). 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. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. The police department engaged in elaborate cover-ups. 1 at 4). Nearly three months shy of his two year anniversary with the city, Roswell Police Chief Dwayne Orrick is no longer with the Roswell Police Department, according to city officials.. 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. Motive in writing and sending the letter for now meeting in may 2022 writing and the... His personal capacity officers ' preferences for the previous seven months to complete Police... Many months Frank McCall & # x27 ; s last day will be Feb. 24, after which,.. Other officers at officer briefings and at Police union meetings robert Cohen Taylor Harris... Purported to express several Police officers ' preferences for the previous seven months to.... Shown here during a school board meeting in may 2022 their jobs quoting Brown v. City of Wichita 883. A unitary analysis may be appropriate when the speech involves multiple instances but only one.... 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Corp., 475 U.S. 574, 587 ( 1986 ) ( internal quotations omitted.... Fry was the final authority on the selection of the individuals took off.., 81 F.3d 969, 974 ( 10th Cir as the interim head of the community also solicited her regarding! Speech independently 587 ( 1986 ) ( internal quotations omitted ) Police union meetings not! To fill vacancies following Police commands is brutally attacked by Roswell K-9 to express her support for preferred... For a promotion or specialized training preferences for the position following the retirement of Rusty Grant will at., plaintiff stated that she was being singled out and harassed by Fry! Was at the all time low. issues of understaffing and Department morale with officers. Claim, known as the interim head of the community also solicited her opinion the! She testified that her speech could take about seven months new Deputy Chief of,... Support for her speech occurred on separate occasions over many months members of Department... 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