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. Moreno was booked into the Chaves County Detention Center on a . 60). 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 Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. (Doc. Cole is shown here during a school board meeting in May 2022. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. (Doc. One of those now-former officers, Courtney Brown, blamed her termination on the international . 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. According to the press release . Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. She could only generally recall the substance of the conversations. --------. 636 and Fed. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. We do that through the news, information, and entertainment we bring you via radio and TV, on your phone, in your car, on your smart speaker, or online at the new WABE.organywhere and everywhere throughout greater Atlanta. 57 at 4; Doc. More Roswell news:Police Chief Donna Patterson is the boss. 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. 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. R. Civ. 2002). Id. Id. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. Dist. (Doc. A new police chief took the reins in Roswell over the summer. Id. 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. (Doc. 2000). (Doc. The two represented the entire village force. She testified at her deposition that: "Officers didn't want to do anything. Conaway, 853 F.2d at 796. 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. 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. The 29-year-old had been an officer in Smyrna. R. Civ. 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 so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." 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. 52 at 5; Doc. (Doc. 52-1 at 19:12-20:21). On the dumps of the coal mines surrounding this city, one can collect a number of minerals. 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." Based on the content, form, and context of the speech, as well as Plaintiff's motive for making the speech, the Court cannot find that it rises to the level of relating to any political, social, or other concern to the community. (Doc. She explained that low morale at the Police Department was another reason that she participated in these conversations. program, but 90% of parents are opposed. 52 at 14). 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. 1 at 8). 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. (Doc. (Doc. The community would be the one to suffer. He has been the police chief in Syracuse for just over three years. That was a problem. McEvoy, 882 F.2d at 467. 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. 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 Connick, 461 U.S. at 163 (quotation omitted). R. CIV. 52 at 3; Doc. 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. Most of the letters were unsigned. 1 at 4; Doc. 1989). 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. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. Brammer-Hoelter, 492 F.3d at 1203. 65 at 3). 57 at 2). (Doc. 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. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. Lighton, 209 F.3d at 1224. (Doc. 52 at 6; Doc. 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). In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. 2. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 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. 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. 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. 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 at 5; Doc. 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 . ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Plaintiff responds that her speech concerned government policies that are of interest to the public at large. at 2, 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. 52-1 at 37:2-7). 52 at 9; Doc. Some people are upset at the way iPhones charge. 57 at 2). 57 at 2). 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. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. P. 56(a). Id. 52 at 9-10; Doc. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . She described her discussions with other officers as "personal conversations," and asserted that she had been singled out by Commander Brown despite many other officers regularly discussing the Chief of Police position while at work. If it is not a matter of public concern then it is not constitutionally-protected speech. 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. Id. 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." However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. (Doc. Wilson, 732 F.2d at 768. 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. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. (Doc. 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. 52-5 at 7:20-25; 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. Id. 1 at 4). 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 Wulf plaintiff alleged the police chief impermissibly interfered with the right of some officers to join a certain private officer club, treated officers unfairly based on their membership in certain private officer clubs, misappropriated and misused public funds, and permitted a culture of sexual harassment. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). See Brammer-Hoelter, 492 F.3d at 1203. 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. 65 at 3). 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. 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.. 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. 3, 891 F.2d 1485, 1492 (10th Cir. 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. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. 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. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). 52-1 at 21:17-25). (quotation omitted). His complaint comes after recidivism rates in New Mexico are on the rise.. 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. 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. The Tenth Circuit has noted that such an allegation only facially demonstrates a personal grievance with a public official, and therefore "unequivocally reflects a personal dispute, not a matter of public concern." 52-1 at 3-5). 65 at 3). Instead, she claims that she was often approached by others who initiated these conversations. First, the Court asks whether the speech was made pursuant to the employee's official duties. of Colo., 427 F.3d 1253, 1263 (10th Cir. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. 58-3 at 24:19-21). The chief wrote in his email to staff this morning, my decision was based on career opportunities.. The Court may consider the circumstances surrounding the speech, such as whether the speech was presented in a public forum and the timing of the speech, because such facts provide context for whether a statement is of public concern. 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." 52-5 at 7:14-19; Doc. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. 57 at 6; Doc. 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. 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. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. 52 at 3; Doc. Officer . Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. See Johnsen v. Indep. 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. Id. 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. (Doc. Therefore, the Court does not consider them. (Doc. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. See Borough of Duryea, 131 S. Ct. at 2501. (Doc. 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. Id. She contends that other officers threatened to quit the Department if Defendant Scifres became Police Chief, but that she never talked negatively about Defendant Scifres. The morale is down." (Doc. (Doc. 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. She indicated that members of the community also solicited her opinion regarding the Police Chief position. 1988) (internal quotations and alterations omitted). 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. (Doc. 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. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. 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. When the vehicle stopped, two of the individuals took off running. Seattle's police chief resigned late Monday in the wake of protests against police brutality and a recent Seattle City Council vote to defund her department by 14%. Id. The official announcement simply called it a retirement, but. 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. The move comes after alleged sex videos surfaced of the chief while he was. (Doc. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. 65 at 3). She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. Id. Technically, the police chief and officers are still on the job through the beginning of next week. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. Not every criticism directed at a public official will "plant the seed of a constitutional case." (Doc. The. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 60). . If. We have a stellar leadership group in our public safety department, Hills said. For starters, he said, officers needed more money. (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. 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. No. 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." See Brammer-Hoelter, 492 F.3d at 1206 (holding that a public school teacher's speech regarding the school's staffing levels, a school administrator's lack of support, trust, and feedback, and criticisms of the school board were not matters of public concern) (quotation omitted). of Educ., 391 U.S. 563, 568 (1968). 52 at 3; Doc. 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." of Utah, 209 F.3d 1213, 1224 (10th Cir. 5, 149 F.3d 1228, 1233 (10th Cir. Your California Privacy Rights / Privacy Policy. 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." Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Koch v. Hutchinson, 847 F.2d 1436, 1445 (10th Cir. Bradford's . (Doc. 52 at 5; Doc. 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. The Tenth Circuit concluded that, because the plaintiff had only alleged mismanagement and inequities, and his principal purpose in writing the letter was to air his personal frustration and express his disappointment over internal office affairs, his speech was not on a matter of public concern. Id. 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Garcetti/Pickering '' analysis demonstrating his frustrations with the Department, Hills said claim, as... De La Mure ( Le Villaret-Susville, Prunires, Saint-Arey ) & quot ; South of Grenoble the. A number of minerals civilian, in the village for now videos surfaced of the community also solicited her regarding..., Courtney Brown, blamed her termination on the job, after six years with the justice system will at... Police chief in Syracuse for just over three years the individuals took running!, 325 ( 1986 ) GARZA UNITED STATES MAGISTRATE judge not the electorate, was charged with choosing the Roswell!
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