LEARN
MORE

LCW Attorney Sue Ann Renfro Convinces Court That Police Chief’s Decision To Terminate Officer Must Stand

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room, Public Education Matters
CLIENT TYPE: Public Education, Public Employers, Public Safety
DATE: Aug 07, 2023

A hearing officer disagreed with a chief of police’s decision to terminate the employment of a senior officer.  The basis for the termination was the investigation finding that the officer had a sexual relationship with a then-19-year-old member of the city’s youth program.

The hearing officer’s decision stated that reasonable minds could differ on the level of penalty, and that the chief did not abuse his discretion in selecting termination. Yet, the hearing officer substituted her discretion for the chief’s as to the severity of the officer’s transgression.  She reduced the penalty to a two-month suspension without pay.

The city filed a petition for writ of mandate to challenge the hearing officer’s decision.   At hearing, LCW argued the law that a decision maker’s penalty assessment must stand unless the evidence shows that the penalty was an abuse of discretion.  The fact that the hearing officer expressly stated in her decision that the chief had acted within his discretion, was “game over” for the judge.  The judge agreed that penalty determination for this misconduct should be left to the chief and upheld the termination.

View More News

Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room, Private Education Matters
Offensive Lyrics That Discussed Violence Against Women And Permeated The Workplace Each Day Were Sex Harassment
READ MORE
Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
Religious Accommodations Must Be Granted Absent A Substantial Burden To Employer
READ MORE