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 . --------. Id. See FED. Officer Victor Aguirre is one of the departments newest hires, joining in December. Dist. at 465. Id. (Doc. (Doc. 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. Cobb is suing for being demoted because of his age. 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. 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. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. City residents approved a $52 million public safety bond. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 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 . The Roswell Police Department has a new acting chief of police, after Chief Rusty Grant resigned earlier this month. 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. See Borough of Duryea, 131 S. Ct. at 2501. More Roswell news:Police Chief Donna Patterson is the boss. at 15. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Therefore, the Court does not consider them. 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. 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. Koch v. Hutchinson, 847 F.2d 1436, 1445 (10th Cir. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. R. CIV. 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. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. fechar. (Doc. 2002). 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. Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. 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. 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 claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. 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. 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. (Doc. 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. 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. 57 at 2). 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.. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 57 at 2). Because they were upset because the morale was at the all time low." (Doc. In this case, Plaintiff alleges that all of her statements concerning Defendant Scifres are protected because they question his character, competence, and fitness for duty. 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. She testified at her deposition that: "Officers didn't want to do anything. 1 at 4; Doc. Id. (Doc. (Doc. In McEvoy v. Shoemaker, the plaintiff submitted a letter to the City Council complaining about office politics, favoritism, training, transfers, and personnel relationships within the police department. 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. 60). 57 at 14). R. CIV. In former police chief Josh Gibson's resignation letter, which was also shared in a public Facebook post on Wednesday evening, the Kenly officer of 21 years said he could no longer continue with . (Doc. 52-1 at 18:2-8; Doc. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. 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. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. Id. The official announcement simply called it a retirement, but. Id. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. 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. 57 at 2). Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Connick, 461 U.S. at 163 (quotation omitted). Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. 1996). 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. DPD moved to fire cop hit with 85 complaints, accusations. I have known Dane Kyser to be fair and consistent." The police department engaged in elaborate cover-ups. 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. 52 at 3; Doc. See Panis, 60 F.3d at 1490. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. If. 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. Officers would not respond to their calls. 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. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. His last day was Nov. 26. (Doc. The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. 52 at 10; Doc. 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. 65 at 3). He also complained that he had not been selected for a promotion or specialized training. 58-3 at 3:6-10). 52-1 at 37:2-7). See McEvoy, 882 F.2d at 467. Id. "Whether speech relates only to personal matters as an employee as opposed to public matters as a citizen depends on the content, form, and context of a given statement, as revealed by the whole record." 52 at 12; Doc. 57 at 14). 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. FED. 2023 www.timesreporter.com. However, the U.S. Supreme Court has cautioned that "[i]t is not a right to transform everyday employment disputes into matters for constitutional litigation in the federal courts." For the first time in more than 20 years, the Roswell Police Department is fully staffed. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. 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." The 11Alive Investigators also uncovered the attack on a teen suspect by a police K9, despite multiple commands from his Roswell Police handler to stop. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Mondays move by the council comes after former members of the police department were involved in a handful of controversial incidents in the past year. Id. Defendant Fry has been City Manager since approximately October, 2010. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 52 at 14). 636 and Fed. 57 at 2). 52 at 10; Doc. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 65 at 4). The Court looks beyond the general topic of the speech to evaluate more specifically what was said on the topic, Schrier, 427 F.3d at 1263, "which must itself be of public concern." 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. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. It also attracted those great officers from other departments looking to make a move.. Published: Apr. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. While Plaintiff's speech may be related to the Police Department's efficient performance, her comments on the matter "did not sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 624 were here. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. (Doc. (Doc. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 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. Bradford's . Make your practice more effective and efficient with Casetexts legal research suite. 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.. Brammer-Hoelter, 492 F.3d at 1203. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. 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 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 Sch. An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. 2010). (quotation omitted). My daughter was in an accident last night. (Doc. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. 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." Leverington, 643 F.3d at 727 n.5. Id. Id. 52 at 3; Doc. (Doc. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. According to the press release . October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now.