For starters, he said, officers needed more money. To be sure, the Court will further analyze Plaintiff's motivation for her speech. 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. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. 60). R. CIV. "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." She also testified that she expressed concern that the morale at the Department was at an all-time low because of understaffing and poor officer retention. Id. 52-1 at 21:17-25). McEvoy, 882 F.2d at 465. See McEvoy, 882 F.2d at 467. 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. (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 . 65). McEvoy, 882 F.2d at 467. (Doc. Brammer-Hoelter, 492 F.3d at 1203. 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. See Hom, 81 F.3d at 969. 65 at 4). Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. 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. Id. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. Sch. 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 Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. (Doc. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. Id. Plaintiff claims that the officers who wrote the letters feared retaliation, and either did not want to write any more letters or refused to identify themselves in their letters. 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. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. In January, 2011, Plaintiff was arrested and charged with battery against a household member, and placed on administrative leave with the Roswell Police Department. 52 at 10; Doc. If the employee's interest outweighs the employer's, then the Court proceeds to step four. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. Koch v. Hutchinson, 847 F.2d 1436, 1445 (10th Cir. Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. 1988) (internal quotations and alterations omitted). 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. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images Half of that is dedicated to a new public safety headquarters. And we can only do this with your help. program, but 90% of parents are opposed. 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. 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. Complaint to the Human Resources Department: January 28, 2011. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. Cobb is suing for being demoted because of his age. A new officer starts at $58,553; those with a. 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). Id. 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." 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." The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. 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. (Doc. (Doc. 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. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. 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. 52 at 6; Doc. If it is not a matter of public concern then it is not constitutionally-protected speech. 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. 2010). Sheriff Orvis Campbell said his department was already. (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.. 52-6). 57 at 2, 5; Doc. The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. 65 at 3). (Doc. 57 at 2, 4; Doc. 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." 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. dolan funeral home obituaries; beaver country day admissions; how long does lemon balm stay in your system; marlin 1894 tactical stock Id. Pay is one part of that equation. 52 at 6; Doc. 57 at 4). "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." Alston announced several times that . 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. 52 at 5; Doc. You want to go somewhere where you dont have limitations.. 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." Id. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. 0:00. 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. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. (Doc. 801. 1 at 4). 52-1 at 19:12-20:21). Id at 1. R. Evid. 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." Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. . Give today! Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. 58-3 at 14:18-24). 52 at 6; Doc. Id. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. Bradford's . Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . 57 at 2). Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 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. 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. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. 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. 52 at 5; Doc. 1 at 8). (Doc. Id. 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. 2005). 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). (Doc. (Doc. His complaint comes after recidivism rates in New Mexico are on the rise.. (Doc. Instead, she claims that she was often approached by others who initiated these conversations. 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. May 13, 2020 The second-in-command at the Roswell Police Department has resigned amid an internal investigation into allegations she assaulted and belittled a police recruit. Because they were upset because the morale was at the all time low." Lighton v. Univ. Lighton, 209 F.3d at 1224. at 2. Id. 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. The police chief's resignation is effective Tuesday. 52 at 3; Doc. Again, the Court compares Plaintiff's speech in this instance with the speech that was at issue in McEvoy and Wulf. Police commanders initially wrote they had no problem with the dogs training or behavior. | AP. 52 at 4; Doc. A new police chief took the reins in Roswell over the summer. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. 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. (Doc. CPSM has conducted audits and projects in 41 states. Fortunately, she was not hurt. She also maintains that all of her statements concerning Defendant Scifres' character, competence and fitness for duty are matters of public concern and protected speech. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. 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. (Doc. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. 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. "Tampa Mayor Jane Castor has requested and received the . (Doc. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. The content of challenged speech is the "crux of the public concern content inquiry." 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