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. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. (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. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. Id. Further, Plaintiff has not alleged that any of these letters form the basis of her claim. However, Plaintiff's speech was directed towards the Human Resources Department, and there is no allegation that it was ever intended to be made public. 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. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] 57 at 2). However, if the speech involved multiple instances and multiple, unrelated subjects, then the Court must conduct the Garcetti/Pickering analysis on each instance of speech. Conroy said when he started, there were many vacancies. Brammer-Hoelter, 492 F.3d at 1203. 60-9 at 2-19), are impermissible hearsay in contravention of Fed. 1/8/2020. 52 at 4; Doc. (Doc. Id. Schrier v. Univ. 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. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 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. 52 at 5; Doc. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. Example video title will go here for this video. 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 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. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. An entire Missouri police. Id. The police officer who fatally shot an unarmed Black man in a Minneapolis suburb Sunday has resigned, as has the police chief, in the latest shake-up for a town reeling from the shooting.. at 15. Please consider becoming a member of WABE today. Id. Id. 52-4 at 4:4-16). Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Connick, 461 U.S. at 147-48. 58-3 at 3:6-10). Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. Conversations with Fellow Officers and Other City Employees. Id. McEvoy, 882 F.2d at 465. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. 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. 52 at 6; Doc. 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 . 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. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. The community would be the one to suffer. See Hom, 81 F.3d at 969. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. 57 at 2). Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. 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). She testified at her deposition that: "Officers didn't want to do anything. (Doc. 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. R. Evid. 31). 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. Rather, her interest was to discuss her opinions regarding low employee morale, low retention rates, officer shift schedules, and her preference for her next supervisor. 52 at 13-14). Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). dolan funeral home obituaries; beaver country day admissions; how long does lemon balm stay in your system; marlin 1894 tactical stock Dist. 52-5 at 4:4-10; Doc. 57 at 2). 65 at 5). 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. 52 at 6-7; Doc. 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. Give today! N'dea Yancey-Bragg. 57 at 11-12). I heard good things about them, Aguirre said. (Doc. 1 at 8). 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. 57 at 5; Doc. Brammer-Hoelter, 492 F.3d at 1203. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. 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. 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. See Anderson, 477 U.S. at 249. 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. P. 56(c) and Fed. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. Chief Investigator Brendan Keefe first revealed that a driver was arrested after two officers flipped a coin to decide whether or not she would go to jail. (Doc. Community Calendar From How Do You Atlanta. In addition to higher pay, police are getting a bigger place to work. (Doc. Having considered the content, context, and form of Plaintiff's speech, as well as her stated motives, the Court does not find that Plaintiff's speech was on a matter of public concern. 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. McEvoy, 882 F.2d at 467. 1 at 9-10). (Doc. 57 at 13). Gun found in unattended bag on Ga. school property, parent taken into custody, district says. at 857. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. 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. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 57 at 2). Id. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Id. 57 at 3; Doc. The police department of Kenly, North Carolina has quit in protest at the town's newly hired "progressively responsible" town manager -- who the police chief said created a "hostile work environment." Pay is one part of that equation. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. If. 3. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. P. 56(c). 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. 2005). 65 at 4). Tice was hired May 31 and started working June 1. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. See Brammer-Hoelter, 492 F.3d at 1203. "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." 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. 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