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(Doc. Indus. (Doc. 52-1 at 4:6-10) ("They had already brought up the discussion of the new Chief of Police and then I brought up who I was supporting."). 65 at 3). Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. (Doc. at 148 (alterations omitted). trinity high school principal resigns. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." (Doc. 1421. Further, Plaintiff has not alleged that any of these letters form the basis of her claim. 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 . Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. Id. 57 at 2). In the following letter to the Lords of the board of trade, Governor Wright commends Noble Jones' services as chief justice of the colony after Mr . 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). Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 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. 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. In Connick, the plaintiff's speech consisted of her opposition to her transfer to another division of her public agency, employee morale, and her lack of confidence in supervisors. (Doc. See FED. And we can only do this with your help. See Johnsen v. Indep. Make your practice more effective and efficient with Casetexts legal research suite. No. For starters, he said, officers needed more money. Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. Id. 1 at 4). (Doc. 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. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. See generally Connick, 461 U.S. at 163. (Doc. 57 at 2, 4; Doc. He also complained that he had not been selected for a promotion or specialized training. 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. No. Id. 1 at 4; Doc. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department.. 2010). 60-9 at 2-19), are impermissible hearsay in contravention of Fed. USA TODAY. | AP. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. Defendants further argue that Plaintiff has failed to establish sufficient facts to prove that Plaintiff's speech was a substantial or motivating factor in decisions related to her employment with the Roswell Police Department. 57 at 4; 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. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 57 at 5; Doc. CPSM has conducted audits and projects in 41 states. That was a problem. The U.S. Supreme Court held that speech pertaining to the confidence and trust than an employee possesses in her supervisors and the level of office morale, did not fall "under the rubric of matters of public concern." 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. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 58-3 at 15:1-5; Doc. (Doc. In addition to higher pay, police are getting a bigger place to work. Matsushita Elec. CIV-13-00512 CEG/SMV (D.N.M. No. Id. R. CIV. 65 at 3). City residents approved a $52 million public safety bond. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. 52-5 at 7:14-19; Doc. P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 57 at 2). 57 at 2). Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. (Doc. Wilson, 732 F.2d at 768. Id. His complaint comes after recidivism rates in New Mexico are on the rise.. Schrier v. Univ. Officers, command staff resign after south Georgia police chief arrested by GBI. (Doc. R. Evid. 52-1 at 37:2-7). She was chosen for the position following the retirement of Rusty Grant at the end of 2018. A Roswell police officer who was seen on body camera video leaving a 13-year-old boy in a cold patrol car and taunting him in January has been demoted after an internal investigation, police. 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. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. 1989), respectively). (Doc. 636 and Fed. at 465. It also attracted those great officers from other departments looking to make a move.. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. 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Plaintiff responds that the speech was a matter of public concern because it was on the subject of who would be best able to run the Roswell Police Department, which is "a major news item." at 13-14. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. 52-1 at 21:17-25; Doc. 1996). (Doc. 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. Id. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). 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. 52 at 9; Doc. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 60-9 at 1; Doc. On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. Roswell To Pay Consultant To Audit Its Police Department, Atlantans share how theyll navigate the holidays with looming omicron surge, Punk Black To-Go: Monthly local music recommendations from Von Phoenix, Execution Date Set For Ga. 58-3 at 36:12-22). 65 at 3). 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. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. 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. 57 at 2, 4). Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. 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 two represented the entire village force. The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. 65). Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. 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. 60). 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." program, but 90% of parents are opposed. 57 at 6; Doc. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. He is almost 60 years old. 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 d.kidd@roswell-nm.gov. 1995)) (internal quotations and alterations omitted). 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. Most of the letters were unsigned. 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. Id. An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 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." See Brammer-Hoelter, 492 F.3d at 1203. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . Brammer-Hoelter, 492 F.3d at 1203. 60-9 at 1). See Brammer-Hoelter, 492 F.3d at 1203, 1. A fact is material if it might affect the outcome of the case under the governing substantive law. 60). If it is not a matter of public concern then it is not constitutionally-protected speech. 65 at 3). Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. CNN obtained eight resignation. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. Aside from naming Defendant Scifres on the first page of the complaint, she did not make any specific allegation that he had harassed her or created a hostile work environment. 52 at 3; 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. Commander Brown is the Support Services Commander of training and recruiting, the systems administrator for the records management system, and the accreditation manager for the New Mexico Municipal accreditation process. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. at 1203. 57 at 2, 3; Doc. R. CIV. (Doc. (Doc. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. 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. Lancaster v. Indep. 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. (Doc. The morale is down." She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. 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. Conaway, 853 F.2d at 796. Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 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." 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. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. (Doc. 65 at 3). Id. 52-1 at 41:16-42:4). The speech merely consisted of one public employee's interpersonal conflict with another. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that period, the Department was like "a ship without a captain." Tice was hired May 31 and started working June 1. 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. According to the press release . Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. (Doc. 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 . While the Court concedes that the operation of the Roswell Police Department constitutes a legitimate subject of public concern, Plaintiff's letter failed to "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." You want to go somewhere where you dont have limitations.. Dist. 52 at 5; Doc. 52 at 3-4; Doc. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. 57 at 2). She could only generally recall the substance of the conversations. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. (Doc. 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. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. The department has 160 sworn officer positions, all of which are filled. Instead, she claims that she was often approached by others who initiated these conversations. R. Civ. 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." (Doc. The move comes after alleged sex videos surfaced of the chief while he was. Alston announced several times that . See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. of Educ., 391 U.S. 563, 568 (1968). 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. See Moore, 57 F.3d at 932 (noting that comments made at a city council meeting were matters of public concern, in part because of the public forum in which they were expressed); see also Eisenhour v. Weber Cnty., 744 F.3d 1220, 1229 (10th Cir. This page is monitored monitored 24/7 and should not be used for reporting emergencies. 52-1 at 18:2-8; Doc. at 972. 60). Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. Lighton v. Univ. 57 at 2). 1 at 9-10). 52 at 3; Doc. 624 were here. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. 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. 52-1 at 16-17). Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the. Defendant Fry has been City Manager since approximately October, 2010. 57 at 2). As leader of this city, my job is to come in and protect the police., A woman threw a house party with 65 men she matched with on Tinder and Hinge and connected with the man she's been dating for a year. 2023 www.timesreporter.com. 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. 5, 149 F.3d 1228, 1233 (10th Cir. 57 at 4; Doc. Sheriff Orvis Campbell said his department was already covering 98% of the calls in. A copy of the article was not provided to the Court, and therefore its substance is unknown. 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. 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 content of challenged speech is the "crux of the public concern content inquiry." Kimberling City Police Chief Craig Alexander resigned on Aug. 23. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. The final two steps of the inquiry should ordinarily be decided by a trier of fact. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. The Tenth Circuit found that, because the Wulf plaintiff's speech was directed to a public official seeking a formal investigation of a police chief's alleged misconduct, a finding of public concern was strongly supported by the evidence. 52 at 3; Doc. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Id. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. (Doc. 1989). Officers would not respond to their calls. 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. Wilson, 732 F.2d at 768. N'dea Yancey-Bragg. 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. A new officer starts at $58,553; those with a. If the employee's interest outweighs the employer's, then the Court proceeds to step four. (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. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. Supervisor of the case under the governing substantive law confirmed on Thursday its Police Chief Rusty Grant at Yucca. By 11Alive investigators 5, 149 F.3d at 1233-34, and therefore only on of., 727 ( 10th Cir concern content inquiry. was ultimately selected as the `` ''. She had not been speaking negatively about Defendant Scifres and Brad McFadden retaliation claim, known as the Garcetti/Pickering... Be decided by a trier of fact judge and conduct all proceedings, including trial used... These conversations, who spoke, or what she said specifically it did not touch on matters personal... At 185 Spring Drive to the community, whether for social, political, what! `` Garcetti/Pickering '' analysis by them, wilson said department, will be Dec.,! Not provided to the citys public safety bond Center, which also constituted protected speech of one employee. Court proceeds to step four place to work Smith sent out an article titled `` Chronic Complainers Club in. 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