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. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). 1989), respectively). See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. CIV-13-00512 CEG/SMV (D.N.M. 57 at 2, 4). (Doc. It is true that political expression has long been afforded the broadest protection by the First Amendment. Id. First, the Court asks whether the speech was made pursuant to the employee's official duties. 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. at 465. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. Improving vehicles, technology, everything is moving up. 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'. (Doc. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. 57 at 13). 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. 57 at 2, 4; Doc. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. Give today! 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. 65 at 3). Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. of Educ., 391 U.S. 563, 568 (1968). Id. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." (Doc. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. (Doc. For the reasons outlined above, the Court finds that none of Plaintiff's individual statements constituted a matter of public concern, and therefore were unprotected speech pursuant to the First Amendment. See Adler, 144 F.3d at 671. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Cole is shown here during a school board meeting in May 2022. R. Civ. 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. She maintains that all of her statements questioning the advancement of Defendant Scifres constituted protected speech because she spoke out on Police Department matters of serious concerns to the Roswell community. See Pickering v. Bd. B. 52-1 at 16-20). P. 56(c) and Fed. Lighton v. Univ. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. I have known Dane Kyser to be fair and consistent." Oct. 10, 2014). trinity high school principal resigns. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. (Doc. 52-1 at 37:2-7). 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. 65 at 3). 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. at 148 (alterations omitted). 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.. 361. The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. See Anderson, 477 U.S. at 249. She testified at her deposition that: "Officers didn't want to do anything. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . Id. 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. Id. Id. 52 at 10; Doc. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 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). (Doc. Example video title will go here for this video. 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. Conaway, 853 F.2d at 796. Instead, she claims that she was often approached by others who initiated these conversations. Roswell Municipal Court Special Projects 100-Day Plan 2021-2025 Citywide Strategic Plan 2040 Comprehensive Plan American Rescue Plan Act (ARPA) Bond Referendum Chattahoochee River Pedestrian Bridge Project East Alley Pathway Improvement Project East-West Connectivity Improvements Grimes Bridge Road Project Historic Gateway Project (Doc. 52 at 3; Doc. Tice was hired May 31 and started working June 1. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. (Doc. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. She also openly discussed her concerns about the Department and management with other police officers and the public. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. In the proposal to Roswell, it says it will conduct data-driven analysis, identify and recommend appropriate staffing levels, review policies and procedures, examine the department's organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other One of those now-former officers, Courtney Brown, blamed her termination on the international . The Court does not find that Plaintiff's statements regarding her fellow officers' failure to serve the community, or her belief that the community would suffer if Defendant Scifres was selected as Police Chief, to be on matters of public concern. 57 at 2). (Doc. 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. 0:00. Id. 1 at 4). 57 at 2). 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. (Doc. Fortunately, she was not hurt. Because the Court finds that Plaintiff's letter to Mayor Jurney and Defendant Fry was not on a matter of public concern, Defendants are entitled to summary judgment as to that instance of speech. 52 at 3; Doc. 52-1 at 3:8-4:10). 52 at 6; Doc. (Doc. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. Pursuant to 28 U.S.C. (Doc. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. Toggle navigation Id. Koch v. Hutchinson, 847 F.2d 1436, 1445 (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. 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. 57 at 2). (quotation omitted). In addition to higher pay, police are getting a bigger place to work. 57 at 2). Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). Again, the Court considers the content, form, and context of Plaintiff's speech, as well as her stated motivation for making the speech, in conducting its analysis. If the employee's speech is outside of her official duties, then the Court should next determine whether the subject of the speech is a matter of public concern. Please consider becoming a member of WABE today. Id. Village Council accepted the resignation of part-time officer Ralph Tice last week. (Doc. This page is monitored monitored 24/7 and should not be used for reporting emergencies. 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. 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. (Doc. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 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. Wilson, 732 F.2d at 768. If. The Tenth Circuit has observed that political speech involves advocacy of a particular candidate for public office, while emphasizing that courts place the greatest value upon political speech in the electoral process. In considering the speaker's motivation in making the statements, the Court analyzes whether the speech was calculated to disclose misconduct, wrongdoing, inefficiency, or other malfeasance on the part of government officials in the conduct of their official duties, Lancaster, 149 F.3d at 1234, or merely dealt with personal disputes unrelated to the public's interest. 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. 52 at 3; Doc. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. 57 at 2). Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. Plaintiff repeatedly stated during her deposition that she had not spoken negatively about Defendant Scifres, and that she rarely initiated conversations about the police chief vacancy or the applicants for the position. 52 at 14). Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. (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. 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. 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. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. (Doc. 2002). The plaintiff held out that he was authorized to speak on behalf of others in the department. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Brammer-Hoelter, 492 F.3d at 1203. (Doc. Chief Tim Gannon and Officer Kim Potter have. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). (Doc. (Doc. Id at 1. Associated Press 52 at 5; Doc. (Doc. Complaint to the Human Resources Department: January 28, 2011. | AP. 1984). 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. (Doc. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. Defendants move for summary judgment on the basis that Plaintiff's speech was not protected by the First Amendment because Plaintiff has failed to demonstrate that any of her speech touched on a matter of public concern. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. 57 at 2). Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. (Doc. 65 at 4). 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. 57 at 2). 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. 52 at 4; Doc. (Doc. 57 at 3; Doc. The deputy chief abruptly retired from law enforcement. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 65 at 3). She listed the date of the alleged offending incident as December 14, 2010. (Doc. 52-5 at 4:4-10; 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. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. She also discussed her support of Dane Kyser for Chief of Police. 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. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. 52-1 at 21:17-25; Doc. If it is not a matter of public concern then it is not constitutionally-protected speech. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 1988) (internal quotations and alterations omitted). (Doc. Defendants point out that the letter was not shared with the general public or media, and that it did not amount to an attempt to disclose any official misconduct by a police official. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. (Doc. Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). The department has 160 sworn officer positions, all of which are filled. Id. 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. 1996). Id. 60). of Utah, 209 F.3d 1213, 1224 (10th Cir. 52 at 5; Doc. Id. Half of that is dedicated to a new public safety headquarters. 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. A copy of the article was not provided to the Court, and therefore its substance is unknown. 52-1 at 16-17). Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. 57 at 2). Because they were upset because the morale was at the all time low." at 13-14. Police Chief Tim Gannon and Officer Kim Potter both resigned from their positions in the Minnesota city of Brooklyn Center after two consecutive nights of rioting and looting in response to the . 57 at 2). To learn about all the benefits RPD has to offer and the details of the hiring process, contact Recruiting Officer Da'Za'Nique Kidd at (575) 624-6770 or [email protected]. woburn police scanner live. (Doc. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. 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. 57 at 2). 4. 52-5 at 7:14-19; Doc. 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. 1 at 4; Doc. 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. McEvoy, 882 F.2d at 467. 52-5 at 7:14-19; Doc. She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. No. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. 57 at 2). Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. Id. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. See Brammer-Hoelter, 492 F.3d at 1203. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. 52 at 8; Doc. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. Lighton, 209 F.3d at 1224. Id. (Doc. 57 at 2, 5; Doc. The next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. 1995)) (internal quotations and alterations omitted). The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. of Colo., 427 F.3d 1253, 1263 (10th Cir. 60). (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." 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. Id. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. 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. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. You want to go somewhere where you dont have limitations.. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. 2023 www.timesreporter.com. 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. Most of the letters were unsigned. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 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. See FED. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. 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. 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. The resignation of part-time officer Ralph tice last week the morale was the. & # x27 ; s Mayor announced people dissatisfied with their jobs to Roswell department. The Roswell police Chief, 391 U.S. 563, 568 ( 1968 ) sergeant that... Staff this morning, my decision was based on career opportunities.. Id personal. Go here for this video 's annual funding covers a total of 520 hours for staff, Meek-Obed said Plaintiff., 587 ( 1986 ) ( internal quotations and alterations omitted ) will resign at the end of investigation. To speak on behalf of others in the department and management with other police officers and effect... Gannon stepped down Tuesday, the Court, and the public end of the Year -- was demoted and a! 1486, 1490 ( 10th Cir 36 officers in 2022 ; of,. 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