AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Disciplinary Punishment - Fines & Extra Duty

     U. S. SUPREME COURT
     Court summarily affirms a three-judge panel that upheld the imposition of "extra duty" as an authorized disciplinary punishment of police and fire personnel. Ahearn v. DiGrazia, 429 U.S. 876, 97 S.Ct. 225, 1976 U.S. Lexis 3048 (1976).

     ARBITRATION
     Arbitrator rejects a grievance by a public school teacher seeking paid time off to view a series of self-improvement videotapes. He was ordered to view the tapes as a corrective measure after he treated students in a derogatory, degrading and offensive manner. Because of the disciplinary nature of the principal's order, he was not entitled to paid time off to view the tapes. East Guernsey Bd. Educ. and E.G. Teachers Assn., 120 LA (BNA) 30, AAA Case #53-390-00785-03 (Skulina, 2004). {N/R}

     ILLINOIS
     Firefighters were lawfully fined by their city for disruptive behavior in paramedic class, including one who wore a Tee shirt reading "Compassion Sucks." Kadzielawski v. Fire & Police Cmsn. of Skokie, 551 N.E.2d 331 (Ill.App. 1990).

     MASSACHUSETTS
     Massachusetts General Laws, c. 31, Sec. 43(g) authorize extra duty punishment, which was upheld in Ahearn v. DiGrazia, 412 F.Supp. 638, 1976 U.S. Dist. Lexis 15215 (D. Mass. 1976), and summarily reaffirmed by the U.S. Supreme Court (see above).

     NEW YORK
     Leaving one's post merited forfeiture of 15-days of vacation. Connell v. Ward, 564 N.Y.S.2d 160 (A.D. 1990).
     Forfeiture of 15 days of vacation and 6 months probation appropriate punishment of police officer who twice left his duty post for brief periods. Brown v. Ward, 559 N.Y.S.2d 512 (A.D. 1990).
     Five-day administrative fine upheld for failing to immediately report damage to department vehicle. Turzyn v. Rozzi, 520 N.Y.S.2d 601 (A.D. 1987).
     Appellate court upholds $100 fine and three month probationary period for negligent vehicle operation. Waite v. Connelie, 417 N.Y.S.2d 323 (A.D. 1979).
     Extra-duty punishment; appeals court refuses to disturb forfeiture of five recreation days. Ruprecht v. City of Cincinnati, 64 Ohio App. 2d 90, 411 N.E.2d 1504; see also: Ahearn v. DiGrazia, 97 S.Ct. 225 (1976), affirming 412 F.Supp. 638 (D. Mass. 1976).

     OHIO
     Extra-duty punishment: appeals court refuses to disturb forfeiture of five recreation days. Ruprecht v. City of Cincinnati, 64 Ohio App.2d 90, 411 N.E.2d 1504.


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