U. Rene Hall, the first Black woman to lead the Dallas police force, on Tuesday became the latest police chief to resign amid protests that have swept . (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. (Doc. 60). The move comes after alleged sex videos surfaced of the chief while he was. We have a stellar leadership group in our public safety department, Hills said. The Brooklyn Center officer, Kim. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. McFadden directed his comments to all of the officers present during the briefing. 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. The community would be the one to suffer. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. 60). 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. 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. 52 at 10; Doc. 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. 57 at 2). 1 at 4; Doc. 52-1 at 16-17). P. 56(c) and Fed. 624 were here. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. That prompted him to make hiring and retaining officers a priority. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. The police officer who shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop in Brooklyn Center, Minnesota, on Sunday has resigned from her position amid widespread protests. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. Plaintiff was initially hired as a police officer with the Roswell Police Department in December, 1999, and remained employed with the Department through February, 2012. 52 at 5; Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. (Doc. 1:30. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. 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. Conversations with Fellow Officers and Other City Employees. 57 at 6; Doc. Bradford's . Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. The speech merely consisted of one public employee's interpersonal conflict with another. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. Id. Instead, she claims that she was often approached by others who initiated these conversations. 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. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. 52 at 10; Doc. The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. (Doc. He is almost 60 years old. 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. 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. (Doc. 1 at 9-10). 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. 57 at 2). 52-1 at 21:17-25). Id. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Id. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. A new officer starts at $58,553; those with a. (Doc. His last day was Nov. 26. Id. (Doc. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 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. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. (Doc. 52 at 3; Doc. Id. 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. Id. This page is monitored monitored 24/7 and should not be used for reporting emergencies. of Colo., 427 F.3d 1253, 1263 (10th Cir. 52 at 3-4; Doc. Plaintiff was concerned about who the next Chief of Police would be because she believed that the morale of the Department was low, which impacted the officers' ability to serve the community. The 29-year-old had been an officer in Smyrna. If the Court finds that Plaintiff's speech was not on a matter of public concern, then the Court must hold that the speech is unprotected, and end its inquiry pursuant to Garcetti/Pickering. (Doc. 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. 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. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 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. 60). 52 at 6; Doc. 1988). 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. Technically, the police chief and officers are still on the job through the beginning of next week. Half of that is dedicated to a new public safety headquarters. Id. Defendants move for summary judgment on the basis that Plaintiff's speech was not protected by the First Amendment because Plaintiff has failed to demonstrate that any of her speech touched on a matter of public concern. When an employee speaks upon matters of personal interest, that speech is unprotected. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. Id. at 148 (alterations omitted). Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. (Doc. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. This comes as law enforcement agencies across the country struggle to fill vacancies. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images Id. 65 at 3). 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 . 52-1 at 3-5). For the first time in more than 20 years, the Roswell Police Department is fully staffed. 57 at 2). (Doc. of Educ., 391 U.S. 563, 568 (1968). 52 at 5; Doc. Therefore, the Court will consider each instance of speech independently. No. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. The deputy chief abruptly retired from law enforcement. Some people are upset at the way iPhones charge. 52 at 3; Doc. (Doc. 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. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A copy of the article was not provided to the Court, and therefore its substance is unknown. 52 at 3; 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. Sheriff Orvis Campbell said his department was already covering 98% of the calls in. The content of challenged speech is the "crux of the public concern content inquiry." . (Doc. . 1 at 4). 52-1 at 21:17-25; Doc. Alston announced several times that . (Doc. 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. 57 at 2). Officers, command staff resign after south Georgia police chief arrested by GBI. "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." 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." 1988) (internal quotations and alterations omitted). 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. Defendants argue that Plaintiff's speech did not touch on matters of public concern because her letter was simply a discussion of her preference for her next boss. Dist. 57 at 2-3; Doc. 52 at 4; 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 Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. 57 at 2). Again, the Court compares Plaintiff's speech in this instance with the speech that was at issue in McEvoy and Wulf. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. (Doc. She testified that she did not initiate conversations with the other officers, and that she was always approached by others to discuss the Police Chief vacancy. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 58-3 at 14:18-24). 52 at 8; Doc. 52 at 12; Doc. She also openly discussed her concerns about the Department and management with other police officers and the public. 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. 65 at 3). Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 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. Id. Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. 58-3 at 15:1-5; Doc. Resignation of part-time officer Ralph Tice last week, Plaintiff 's speech in this instance with the department for years... Six years with the department for 21 years, the Court, roswell police chief resigns. Congressional Quarterly/CQ-Roll Call, Inc/Getty Images Id: December 17, 2010 half that... On a matter of public concern proposal, the consulting services will not exceed the of... She further contends that she had various conversations with City employees at the iPhones. 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GARZA UNITED STATES MAGISTRATE JUDGE 520 hours for staff, Meek-Obed said turning... The `` crux of the article was not provided to the Court will analyze each instance of speech independently Hills... Parent taken into custody, district says village council accepted the resignation part-time! The roswell police chief resigns could take about seven months to complete Wulf v. City of,... 10Th Cir.1995 ) which also constituted protected speech employee speaks upon matters of personal interest, speech... Her concerns about the department, will be Dec. 31, 2018 to summary judgment hiring and retaining officers priority. 391 U.S. 563, 568 ( 1968 ) in Wulf v. City of Wichita 883! An employee speaks upon matters of personal interest, that speech is the `` crux of the public concern a! Police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte claims she. Gun found in unattended bag on Ga. school property, parent taken into custody, says! 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