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. 2007) (quotation omitted). (Doc. 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. 60). 60). (Doc. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. 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. 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. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. Pay is one part of that equation. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 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. 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. Its a very rare instance for a police department to be fully staffed, Chief James Conroy, whos been on the job in Roswell for four years, told Channel 2s Bryan Mims. 52-6). 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. Id. 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. 57 at 2). Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. Id. (Doc. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. For the first time in more than 20 years, the Roswell Police Department is fully staffed. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." She explained that low morale at the Police Department was another reason that she participated in these conversations. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. (Doc. She argues that the Court should consider all of her speech together for the reasons that she "brought letters to the Mayor and City Manager" and talked to other officers and citizens. 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. Dist. 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. The 29-year-old had been an officer in Smyrna. 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." 1988) (internal quotations and alterations omitted). 65 at 3). 58-3 at 14:18-24). Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. (Doc. The official announcement simply called it a retirement, but. 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 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). (Doc. R. Civ. Defendant Fry has been City Manager since approximately October, 2010. 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 contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. P. 56(c) and Fed. Make your practice more effective and efficient with Casetexts legal research suite. 57 at 2). The fact that it was in the form of a complaint submitted to the Human Resources Department also implies that Plaintiff was requesting a formal inquiry be made into Defendant Scifres' behavior. 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. . She indicated that members of the community also solicited her opinion regarding the Police Chief position. 4. Village Council accepted the resignation of part-time officer Ralph Tice last week. 60-9 at 1). His complaint comes after recidivism rates in New Mexico are on the rise.. | AP. That was a problem. Id. The Minnesota police chief who oversaw an officer who fatally shot a Black man during a traffic stop on Sunday has resigned. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. 2005). (Doc. 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. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). 52 at 14). 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. First, the Court asks whether the speech was made pursuant to the employee's official duties. (Doc. She seeks damages and equitable relief. 57 at 2). Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. 65 at 4). Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. 57 at 2). These letters purported to express several police officers' preferences for the new Roswell Police Chief. Complaint to the Human Resources Department: January 5, 2011. 57 at 4; Doc. Because they were upset because the morale was at the all time low." Your California Privacy Rights / Privacy Policy. 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. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. Id. Plaintiff alleges that the letter she gave to Mayor Jurney and Defendant Fry on December 17, 2010, in which she pledged her support for Dane Kyser for Roswell Police Chief, is entitled to First Amendment protection. 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. Id at 2. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 52 at 4; Doc. If. Matsushita Elec. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. 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. 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. R. Civ. His last day was Nov. 26. (Doc. (Doc. 52 at 6; Doc. (Doc. (Doc. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. We brought that pay up so that our officers who were here continued to stay and serve our community, he said. Wilson, 732 F.2d at 768. . 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 . Id. "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. 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. 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. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 57 at 6; Doc. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] (Doc. The morale is down." Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. CPSM has conducted audits and projects in 41 states. Id. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . (Doc. 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. trinity high school principal resigns. Defendants contend that the speech was entirely personal in nature, because it only concerned internal department affairs, workplace frustration, and Plaintiff's personal opinions as an employee of the Roswell Police Department. 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. 52 at 5; Doc. . R. Evid. The final two steps of the inquiry should ordinarily be decided by a trier of fact. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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. No. at 465. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. 57 at 2, 4; Doc. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. (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. (Doc. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Dennis Nett | [email protected]. of Colo., 427 F.3d 1253, 1263 (10th Cir. 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." Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. 52 at 6; Doc. (Doc. Most of the letters were unsigned. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. Technically, the police chief and officers are still on the job through the beginning of next week. 1989). She disclosed that she had been admonished by Commander Brown for "talking negatively about Chief Deputy Jody Scifres for Chief," and was instructed to cease talking about the Police Chief position while at work. woburn police scanner live. N'dea Yancey-Bragg. (Doc. She testified that while other officers were speaking negatively about Defendant Scifres, who was the acting Deputy Chief of Police, she did not speak negatively about him. Plaintiff Jeannie Madsen had served as a police officer, and then as a police detective, for the Roswell Police Department for almost 20 years, when she tendered her resignation in February, 2012. For starters, he said, officers needed more money. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. 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." 57 at 2, 3; Doc. Id. 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 will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. (Doc. 65 at 4). Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 52 at 8; Doc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 57 at 13). Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. This comes as law enforcement agencies across the country struggle to fill vacancies. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. 52 at 3; Doc. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. 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. 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. She reasons that a police officer's opinion as to who would be the best Chief of Police is important to the public, because the public has a "dire need to know who is leading their police department." A fact is material if it might affect the outcome of the case under the governing substantive law. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. Please consider becoming a member of WABE today. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 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%. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. That prompted him to make hiring and retaining officers a priority. 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. 65 at 3). Id. 57 at 2). I have known Dane Kyser to be fair and consistent." of Utah, 209 F.3d 1213, 1224 (10th Cir. 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." 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. 1996). She was able to specifically identify several officers that she spoke with, but was not able to recall any specific dates that these conversations occurred. She went off-duty in February. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 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. As City Manager, Defendant Fry was the final decision-maker in the hiring, termination, and transfer of City of Roswell and Roswell Police Department employees. 52 at 3; Doc. 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. 57 at 2). 65 at 3). A White police officer who fatally shot a Black man during a traffic stop in Minnesota resigned Tuesday, along with the city's police chief, officials said. A movant who does not bear the burden of persuasion at trial, such as Defendants, need not negate the nonmovant's claim. 57 at 2). The chief also told police Boddie and "3 - 6 other (B)lack males approached him . 60). 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. (Doc. Plaintiff brings a claim under 42 U.S.C. 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. at 1203. 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. Plaintiff responds that her speech concerned government policies that are of interest to the public at large. Wilson, 732 F.2d at 768. Captain Helen Dunkin, commander of Roswells internal affairs office, will take over as interim chief of police on Jan. 1, 2019 according to Chief Grants internal resignation announcement. 58-3 at 2:8-18). She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. (Doc. 52-1 at 3:8-4:10). at 2. Three officers were fired, and the police chief resigned amid our investigations. See Brammer-Hoelter, 492 F.3d at 1203, 1. However, the actual subject matter of her complaint to the Human Resources Department merely alleges that Defendant Scifres had created a hostile work environment and harassed her by placing a copy of an article in her mailbox. In addition to higher pay, police are getting a bigger place to work. 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. (Doc. 52 at 5; 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. 1 at 4; Doc. 57 at 2). 1 at 8). 52-4 at 4:4-16). Sheriff Orvis Campbell said his department was already. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. Speech may involve a public concern when the speaker intends to "'bring to light actual or potential wrongdoing or breach of public trust'" by a public officer, or to disclose "evidence of corruption, impropriety, or other malfeasance" within a governmental entity. The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. Following a pre-determination hearing that took place on January 31, 2011, Defendant Fry transferred Plaintiff from her position as Defendant in the Criminal Investigations Division to the Consolidated Dispatch Center. The court shall grant summary judgment only if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." 52 at 10; Doc. 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." 57 at 2, 4). 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. All rights reserved. 3. Kim Potter, a 26-year police. I heard good things about them, Aguirre said. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images 52-1 at 41:16-42:4). 52 at 5; Doc. The move comes after alleged sex videos surfaced of the chief while he was. 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.. 52), be GRANTED, and this action dismissed with prejudice. (Doc. This page is monitored monitored 24/7 and should not be used for reporting emergencies. 57 at 4). (Doc. (Doc. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. (Doc. 57 at 2, 4; Doc. 57 at 2; Doc. 60-9 at 2-19), are impermissible hearsay in contravention of Fed. 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. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. See Adler, 144 F.3d at 671. 58-6 at 9:24-10:2; Doc. She stated her belief that Defendant Scifres had been the one who told Commander Brown to reprimand her in December, 2010 for discussing the Police Chief vacancy while on duty. 52-1 at 16-17). 52 at 3; Doc. 57 at 2). In considering the speaker's motivation in making the statements, the Court analyzes whether the speech was calculated to disclose misconduct, wrongdoing, inefficiency, or other malfeasance on the part of government officials in the conduct of their official duties, Lancaster, 149 F.3d at 1234, or merely dealt with personal disputes unrelated to the public's interest. 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." See McEvoy, 882 F.2d at 467. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 57 at 3; Doc. 57 at 2). 636 and Fed. Deciding whether Plaintiff's letter was on a matter of public concern, in consideration of the content, form, and context of the speech alone, is a close call in this case. 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. which includes scrutinizing whether the speaker's purpose was to bring an issue to the public's attention or to air a personal grievance." Sch. 58-3 at 24:3-18). (Doc. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. at 857. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. 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 stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." Community Calendar From How Do You Atlanta. 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