AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Disciplinary Hearings - Loudermill Rights
Although a Collective
Bargaining Agreement provided a post-suspension hearing for police officers,
"except for extraordinary situations, under Pennsylvania law, even
when union grievance procedures permit a policeman to challenge his suspension
after the fact, a brief and informal pre-termination or pre-suspension
hearing is necessary." Schmidt v. Creedon, #09-2051, 2011 U.S. App.
Lexis 6303 (3rd Cir.).
Terminated public
employee was entitled to a name-clearing hearing after the disclosure of
stigmatizing information. Punitive damage awards of $15,000 were set aside,
and compensatory damages were reduced from $250,000 to $50,000. Hemmah
v. City of Red Wing, #0:06-cv-3887, 2008 U.S. Dist. Lexis 104808 (D. Minn.).
Federal court finds that a probationary police
employee was entitled to a name-clearing hearing, where he had been accused
of dishonesty and there was publication of the allegation. Ellis v. City
of Reedly, #CV-F-05-1474, 2007 U.S. Dist. Lexis 25333 (E.D. Calif.).
A psychologically impaired officer was not
entitled to a presuspension hearing after her arrest on felony charges.
Golt v. City of Los Angeles, #04-57026, 2006 U.S. App. Lexis 31823 (Unpub.
9th Cir. 2006). [N/R]
Federal appeals court rejects a claim that
a superior who presides over a Loudermill hearing must be unbiased, provided
the accused employee is provided with a fair post-termination hearing before
a neutral panel or person. Vanderwalker v. King County, #02-36023, 91 Fed.
Appx. 545, 2004 U.S. App. Lexis 2989 (9th Cir. 2004). [2005 FP Feb]
New York's highest court holds that a failure
to establish residency was a violation of a valid residency requirement,
which results in forfeiture of employment, and is not misconduct that would
entitle an employee to a pre-removal hearing. Felix v. New York City, #153,
2004 N.Y. Lexis 3717 (2004). {N/R}
Post-termination remedies, no matter how
elaborate, do not relieve management of its obligation to provide a tenured
police officer with minimal pre-termination due process. Montgomery v.
City of Ardmore, #01-7154, 365 F.3d 926, 2004 U.S. App. Lexis 8361, 21
IER Cases (BNA) 289 (10th Cir. 2004). {N/R}
Arbitrator refuses to order management to
produce witnesses, and to subject them to cross-examination, at a pretrial
Loudermill meeting. Cuyahoga Co. Sheriff and Ohio PBA, FMCS Case #01/(0913)-16089-6,
117 LA (BNA) 1438 (Skulina, 2002). [2003 FP Apr]
At the pretermination “Loudermill”
hearing, an employee was not entitled to learn the identity of the coworkers
who reported his intoxication while on-duty. Herrera v. City of Albuquerque,
#98-2243, 1999 U.S. App. Lexis 25562 (10th Cir.). [2000 FP 3-4]
Back pay is not enough to remedy a Loudermill
violation. Employee entitled to have a jury consider his claim for “emotional”
damages resultant from an improper termination. Lovingier v. City of Black
Hawk, 1999 U.S. App. Lexis 29752 (Unpub. 10th Cir.). [2000 FP 4]
Loudermill also applies to a non-disciplinary
medical/fitness termination. Feder v. Pope. 489 So.2d 270 (La. App. 1986).
Eighth Circuit holds that a quick conversation,
informing a subordinate he is to be fired, satisfies the pretermination
hearing requirements of Loudermill. Heinen v. Brewer, #98-1647, 171 F.3d
612, 1999 U.S. App. Lexis 4788 (8th Cir.). [1999 FP 100]
Supreme Court holds that “tenured” public
employees are entitled to a pretermination hearing. Cleveland Bd. of Educ.
v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487 (1985).