Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part One - Traffic Enforcement , 2010 (1) AELE Mo. L. J. 201
     Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part Two – Incompetency as a Commanding Officer, 2010 (2) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Nonmedical Employee Performance Deficiencies Part Three – Negligence, 2010 (3) AELE Mo. L. J. 201.
     Federal Merit Board sustains the termination of a TSA screening manager who failed two "Standard Operating Procedures Quizzes." A federal agency "has considerable discretion to determine what the performance elements for a position will be and how they will be measured." Winlock v. Dept. of Homeland Security, #DA-0752-08-0261-I-1, 2009 MSPB 23.
     In a termination appeal, a Chinese employee did not show that he was entitled to an interpreter, and management had just cause to remove him for insubordination and unsatisfactory work performance. Wei v. State Civil Service Cmsn., #521 C.D. 2008, 2008 Pa. Commw. Lexis 583.
     Federal appeals court sustains the termination of a Treasury employee who failed a sixty-day performance improvement plan during which he was given weekly counseling sessions, on-the-job training, and mentoring. Morrissey v. Dept. of the Treasury, #2008-3248, 2008 U.S. App. Lexis 22108 (Fed. Cir.) affirming 108 M.S.P.R. 576. Panel rejects claims of race, color, age and sex discrimination raised by a terminated TSA inspector. She manifested unsatisfactory performance in conducting inspections and investigations. Edwards v. Dept, of Homeland Security, #CH-0432-08-0314-I-1, 2008 MSPB 241, 2008 MSPB Lexis 5109.
     Arbitrator finds that management failed to prove that an officer was guilty of low productivity. The City's evidence consisted of comparative statistics. There was no direct evidence that the officer ignored parking violations or that he failed to make arrests. City of Lake Worth, FL and FOP, AAA Case #32-390-00425-06, 125 LA (BNA) 203 (Smith, 2008).
     Appellate court sustains the termination of a SWAT officer that entered a gun store and negligently shot the owner. He had failed to remove the AR-15's ammunition magazine or to engage the weapon's safety. Oper. Engin. L-3 v. Co. of Monterey, #H030460, 2007 Cal. App. Unpub. Lexis 8394, 2007 WL 3020036 (6th Dist.).
     Arbitrator finds that a police officer was "properly penalized for his habit of complaining, since this was conduct reasonably viewed by management to be disruptive." City of McAlester and FOP L-97, 124 LA (BNA) 449, FMCS Case #07/0312-54589-8 (Crider, 2007).
     Arbitrator overturns the demotion of a battalion chief for inadequate performance. The grievant "is not incompetent to perform the duties of a battalion chief [and] he did not exhibit behavior that warrants any form of discipline." Lehigh Acres Fire Control Dist. and IAFF L-1826, 123 LA (BNA) 1553, FMCS Case #06/03535 (Wolfson, 2007).
     Arbitrator finds that management had just cause to terminate a police dispatcher for incompetence, insubordination, and violation of procedures for waiting five minutes to call the fire dept. after an officer told her that a person was "unconscious." City of Orrville and Ohio P.B.A., FMCS Case #06/57434, 123 LA (BNA) 509 (Lalka, 2007).
     Federal court holds that even if the decision to terminate a probationary police officer was "foolish, trivial, or baseless," she failed to prove that the reasons cited for her discharge were false. Gutzwiller v. City of Chicago, 99 FEP Cases (BNA) 1226, 2007 U.S. Dist. Lexis 6550 (N.D.Ill.).
     Ninth Circuit rejects a defense of carpal tunnel syndrome, raised to counter her inefficiency-related termination. Her immigration case backlog had accrued before she experienced any problems with her hands or wrists. Fernandez v. Chertoff, #05-15873, 2007 U.S. App. Lexis 3514 (Unpub. 9th Cir. 2007).
     Merit Systems Board sustains the termination of a GSA police officer, with 25 years of service, for neglecting to complete his inspections on 12 occasions. Zwagil v. Gen. Serv. Admin., #PH-0752-04-0421-M-1, 2006 MSPB 235 (MSPB 2006). {N/R}
     New Mexico Supreme Court upholds the demotion of a police lieutenant. There was evidence that he lacked the experience, skill, and knowledge to be a watch commander and that he demonstrated poor judgment in handling a report during the first critical hours of the case. Archuleta v. Santa Fe Police Dept., #28,630, 137 N.M. 161, 108 P.3d 101, 2005-NMSC-006 (2005).{N/R}
     Arbitrator declines to reduce the termination of a 17-year veteran officer that had a series of minor deportments and inefficiency problems. "It is not the arbitrator's role to impose his own standard of discipline ... unless ... the discipline imposed ... is so unreasonable as to warrant such intervention." City of Vallejo and Vallejo P.O.A., 121 LA (BNA) 1659, CSMCS Case # ARB 04-2674 (Silver, 2006). [2006 FP Jun]
     Arbitrator reinstates a civilian worker, with 18 years on the job, who was fired for poor performance. Although the grievant displayed a poor attitude, management failed to identity what he needed to do to improve or to provide him with remedial training. Palm Beach County and Commun. Wrkrs. of Amer., 120 LA (BNA) 405 (Almenoff, 2004). [2005 FP Feb]
     Federal appeals court declines to hold that an officer was forced off the job because he failed to uphold an unlawful ticket quota. The officer was not asked to violate the law, but merely to improve his traffic enforcement work. Hendriks v. City of Muscatine, #03-2541, 2004 U.S. App. Lexis 5088 (8th Cir. 2004). [2004 FP Jun]
     Arbitrator upholds the demotion of a technician who had substandard performance; the demotion was non-disciplinary and management has a right to return an employee to a position that he previously had performed in a satisfactory manner. Philotechnics and Laborers L-155, 118 LA (BNA) 1725 (Corbett, 2003). {N/R}
     Supreme Court declines to review a 2-to-1 appellate court holding that that a black male DoD employee, who was fired for poor performance, could not establish satisfactory job performance through the testimony of his coworkers. King v. Rumsfeld, #02-1313, 328 F.3d 145, 2003 U.S. App. Lexis 8694, 91 FEP Cases (BNA) 1537 (4th Cir. 2003); cert den. 2003 U.S. Lexis 9002 (2003). [2003 FP Mar]
     Arbitrator finds that management violated the bargaining agreement when it discharged an employee without giving her coaching or a reasonable opportunity to improve. Int. Rev. Serv. and NTEU, 118 LA (BNA) 967 (Abrams, 2003). {N/R}
     Arbitrator ignores progressive discipline schedule and sustains a termination. Long and unblemished service also is not a defense when the employee is fired for incompetence. Incompetence is an exception to progressive discipline tables, because it is not "misconduct." Montana and Mont. Public Employees Assn., 118 LA (BNA) 483 (Prayzich, 2003). [2003 FP Sep]
    Arbitrator reinstates a corporal who was fired because of very minor actions. The grievant also was president of the FOP and had cost the city substantial amounts for the arbitration actions he initiated. City of Coweta, Okla. and FOP L-192, FMCS Case#02/11822-8, 117 LA (BNA) 1547 (Crow, 2002).
     Arbitrator upholds management in giving a substandard evaluation to a crime lab specialist, rejecting a union demand that management must have written performance policy. San Bernadino Co. Sheriff and Public Employees Assn., 117 LA (BNA) 1588 (Grabuskie, 2002). [2003 FP May]
    Texas traffic officer who was transferred for low ticket-writing could file a state whistleblower lawsuit complaining of an illegal quota system. Austin (City of) v. Ender, #03-00-00286-CV, 30 S.W.3d 590, 2000 Tex. App. Lexis 6644, 16 IER Cases (BNA) 1432. [2001 FP 14-5; 2001 FP Jan]
     PA appellate court rejects a demand that management must bargain with the union before adopting a performance standard that includes the number of traffic citations written. Delaware Co. L-27, FOP v. PA Lab. Rltns. Bd., #767-CD-1998, 722 A.2d 1118, 1998 Pa. Commw. Lexis 959, 160 LRRM (BNA) 2252. [1999 FP 75-6]
     Appellate court upholds a 10-day suspension of two police officers for failing to adequately check a premises that had its alarm sounding, and then for lying about their activities at the scene. Thomas v. Dept. of Police, #97-1768, 707 So. 2d 1055, 1998 La. App. Lexis 274. [1999 FP 24-5]
     Appellate court holds that the state labor board should have decided a refusal to bargain charge as to whether the adoption of traffic citation quotas and other performance measurements is a mandatory subject for bargaining. Delaware Co. L-27 FOP v. PA Lab. Rel. Bd., 694 A.2d 1142 (Pa.Cmwlth. 1997). [1998 FP 24]
     Secy. of Labor issues the "Task force report on excellence in state and local government." Summary at 34 (1668) G.E.R.R. (BNA) 807-12 (1996). {N/R}
     Appeals court reinstates disciplinary action against a sergeant for failure to make periodic checks on an inmate. Currans v. Linn Co., 540 N.W.2d 469 (Iowa App. 1995). [1996 FP 74]
     Appellate court sustains termination of police chief for poor judgment, tardiness, negligence, inefficiency and making a sexist remark. Gay v. City of Somerville, 878 S.W.2d 124 (Tenn.App. 1994); app. den. (Tenn. 1994). [1995 FP 105]
     Appellate court affirms demotion of lieutenant for negligence, resulting in an escape. He had ordered a subordinate to transport an unruly inmate without taking another officer with him. Neidig v. Dept. of Corr., 642 A.2d 538 (Pa.Cmwlth. 1994). [1995 FP 75]
     Appellate court affirms demotion of police sergeant, with 17 years experience, for "incompetency." Esposito v. Spooner, 612 N.Y.S.2d 93 (A.D. 1994). {N/R}
     Arkansas upholds summary dismissal of a police officer who was fired for not terminating high speed chase. $39,000 wrongful discharge verdict reversed. Green Forest (City of) v. Morse, 873 S.W.2d 155 (Ark. 1994). [1994 FP 137]
     Arbitrator reinstates incompetent long-term employee who was promoted beyond his abilities and was not given sufficient warning about his deficiencies. Burlington No. RR. and B., 101 LA (BNA) 144 (Massey, 1993). [1994 FP 137]
     Appellate court overturns termination of dispatcher who failed to send an ambulance when a woman reported her husband as drunk. Lack of adequate training and operating procedures would not support a finding of negligence. Richard v. Dept. of Health, 572 So.2d 692 (La.App. 1990). [1992 FP 25-6]
     Police office properly demoted for neglect of evidence and failing to deliver a warrant to the N.C.I.C. Leslie v. New Orleans Police Dept., 508 So.2d 157 (La. App. 1987).
     Discrepancy and "unauthorized" expenditures in station-house's vending machine fund did not justify discipline of station commander; vagueness of rules cited. Carraway v. Sayad, 717 S.W.2d 280 (Mo.App. 1986).
     N.H. Supreme Court affirms demotion of fire captain because subordinates, without his knowledge, pilfered some property. Runde v. City of Concord, 512 A.2d 408 (N.H. 1986).
     State can require mandatory training without "grandfather" clause; law may also apply to elected officials. Burrage v. N.H. Police Stds & Trng. Council, 506 A.2d 342 (N.H. 1986).
     Frequent anger and loss of composure sufficient cause to warrant termination of police officer. Thompson v. City of Appleton, 366 N.W.2d 326 (Minn. 1985).
     Louisiana appellate court affirms dismissal of deputy fire marshal who failed to file timely building inspection reports. Duncan v. Dept. of Public Safety, 468 So.2d 797 (La. App. 1985).
     Poor job performance justified termination of black female police officer; discrimination action fails. Ratliff v. City of Milwaukee, 608 F.Supp. 1109 (E.D. Wis. 1985).
     Wisconsin Supreme Court upholds discipline of officer for failing to check for unlocked doors on his patrol beat. State ex. rel. Hennekens v. City of River Falls Police and Fire Cmsn., 369 N.W.2d 670 (Wis. 1985).
     Performance standards upheld, three-day suspension for officer who failed to issue four tickets a week. City of Park Ridge v. Begg, 443 N.E.2d 222 (Ill.App. 1982) aff’d. 459 N.E.2d 925 (Ill. 1984).
     Subordinate could not be discharged for “inefficiency” due to temporary physical illness. Kunz v. White Bear Lake Police Commission, 319 N.W.2d 61 (Minn. 1982).
     Washington appellate court upholds termination of chief for inefficiency; specific deficiencies noted. Benavides v. Civ. Serv. Cmsn. of Selah, 613 P.2d 807 (Wash. App. 1980).
     Unsatisfactory performance justified union president's termination; no evidence of first amendment infringement. Ohland v. City of Montpelier, 467 F.Supp. 324 (D. Vt. 1979).
     Appellate court sustains dismissal of fire captain; improper venting gave rise to disciplinary action. Rogers v. Mun. Fire and Police Civ. Serv. Bd., Sulphur, La., 357 So.2d 12 (La. App. 1978).
     Chief's dismissal for administrative deficiencies affirmed; found to constitute just "cause'. Westby v. Bd. of Fire and Police Cmsnrs. of Plano, 362 N.E.2d 1098 (Ill. 1977).
     Fire chief, suspended for inefficiency for sixty days, takes appeal, court upholds two of three charges. Lewis v. Board of Trustees, 368 N.Y.S.2d 883 (A.D. 1975).
     Missouri Supreme Court reverses a police board decision to fire a police major who was promoted beyond his level of competence. City ordered to reinstate him, then to demote him to a lesser rank for which he was qualified. McCallister v. Priest, 422 S.W.2d 650 (Mo. 1968).
     California appellate court sustains termination of Highway patrolman for "inadequate" performance (insufficient number of citations written). Bodenschatz v. State Personnel Bd., 15 Cal.App.3d 775, 93 Cal.Rptr. 471 (1971). {N/R}
     See also: Disciplinary Punishment; Mental Illness.