During an investigation of a state employee suspected of taking unauthorized absences from work and falsifying time records, the employer attached a GPS tracking device to his privately owned vehicle. Evidence obtained from monitoring his travels was introduced at his misconduct hearing, which resulted in his termination. An intermediate state appeals court upheld the employer's action and the use of the GPS device to gather evidence of employee misconduct. The use of the device was reasonable when there were reasonable grounds to suspect the employee of misconduct. While the highest court in New York subsequently ruled that the placement of a GPS device on a car in a criminal investigation required a warrant, People v Weaver, #53, 12 N.Y.3d 433, 909 N.E.2d 1195 (2009), that decision was made in 2009, after the events in 2008 involved in the immediate case. Additionally, the case did not involve a criminal investigation, and the investigating agency could not obtain a warrant for its actions. In the Matter of Cunningham v. New York State Dept. of Labor, #512036, 2011 N.Y. App. Div. Lexis 8335, 2011 NY Slip Op 8529; 89 A.D.3d 1347;933 N.Y.S.2d 432 (3rd Dept.).
     A county correctional employee was fired for transmitting a sexually explicit image to a subordinate's cell phone, and other charges. A federal appeals court ruled that the pre-termination hearing provided to the employee satisfied due process requirements. He claimed that he was fired in retaliation for having brought a lawyer to represent him at his pre-termination hearing, in violation of his First Amendment right to association. The appeals court rejected this claim, stating that his retention of an attorney did not relate to a matter of public concern. The court relied on Borough of Duryea v. Guarnieri, #09-1476, 2011 U.S. Lexis 4564, 131 S. Ct. 2488, holding that when a public employee claims retaliation against them based on the exercise of the First Amendment right to petition the government, they must show their actions related to a matter of public concern, The appeals court found that the same reasoning applied to First Amendment association claims. Merrifield v. County of Santa Fe, #10-2175, 654 F.3d 1073 (10th Cir. 2011).
     A police officer's federal civil rights and state law claims concerning his arrest and termination for allegedly misappropriating $600 from a crime scene during a search of a home were properly dismissed. He could not relitigate the issue of whether he took the money when he had previously been found, in an administrative post-suspension hearing, to have violated police department policy by doing so. His post-suspension hearing satisfied due process requirements, even though it occurred fourteen days after his acquittal on criminal charges arising out of the incident. Nunez-Colon v. Toledo-Davila, #09-1784, 2011 U.S. App. Lexis 10639 (1st Cir.).    
     In a case where a detective was accused of stealing drugs, departmental charges that provided only a general time frame that spanned two entire years was not reasonably specific so as to satisfy due process requirements. Wolfe v. Kelly, #1974, 2010 NY Slip Op 8847, 911 N.Y.S.2d 362, 2010 N.Y. App. Div. Lexis 8957.
    West Virginia Supreme Court overturns the demotion of a sheriff's corporal who sought, and was denied, a prediscipinary hearing required by state statute. Burgess v. Moore, #34587, 2009 W. Va. Lexis 82.
     Arbitrator allows bargaining unit employees to elect whether their disciplinary suspensions and terminations will be reviewed by grievance arbitration or by the Board of Fire and Police Commissioners, but not both. A Fire and Police Board "consists of political appointees" and it is perceived that its members cannot decide a sensitive case with the same neutrality as an outside arbitrator. Vil. of Shorewood and Illinois FOP, ILRB #S-MA-07-199, 125 LA (BNA) 1427 (Wolff, 2008).
     Sixth Circuit rejects a due process attack on an internal disciplinary hearing. Three women jailers were accused of distributing drugs to inmates, and were advised that they could provide written witness statements, evidence or materials that relate to any defense they might have. Each of them failed to make any statements or to present any evidence in their defense. "There simply is no indication that the ... hearings did not comport with the basic requirements of procedural due process." Jackson v. Shelby County Government, #07-6356, 2008 U.S. App. Lexis 24045, Pacer Doc. 00612702758 (Unpub. 6th Cir.).
     Illinois appellate court concludes that village officials, after terminating the police chief, must give him a hearing on his petition to be restored to his former rank as sergeant. Szewczyk v. Board of Fire and Police Cmsnrs. of Richmond, #2-06-1163, 2008 Ill. App. Lexis 207 (2d Dist.).
     N.Y. appellate court upholds the termination of a police officer following a trial before a Hearing Officer. Even if a local law providing that police disciplinary charges shall be heard by a Hearing Officer that is appointed by Town Board is invalid because it transfers or curtails powers of elected officials, the officer lacked to challenge the procedure because he was a nonresident of the Town. Matter of Gizzo v. Town of Mamaroneck, #2004-11097, Index #11408/04, 2006 NY Slip Op 08130, 2006 N.Y. App. Div. Lexis 13350, 25 IER Cases (BNA) 619 (2d App. Dept. 2006). [N/R]
     Louisiana appellate court annuls disciplinary action taken against a police lieutenant; management failed to provide him with a copy of a disciplinary report prior to the hearing. A public employee accused of misconduct "must be provided with the details of his alleged offense ... [which] must not be so short of details as not to amount to notice..." Appeal of Naretto, #2003 CA 2199, 916 So.2d 1091, 2005 La. App. Lexis 1754 (2005). {N/R}
     New York's highest court finds a strong public policy supporting management authority, and holds that a city has no duty to bargain with the unions over disciplinary procedure or review by arbitration. Patrolmen's Benev. Assn. of City of N.Y. v. N.Y. State Pub. Empl. Relations Bd.; Town of Orangetown v. PBA, #32 & 34, 2006 N.Y. Lexis 584 (2006). [2006 FP May]
     Missouri appellate court strikes down a procedure where a board of police commissioners requires disciplinary hearings to be heard by a hearing officer. Delegation of quasi-judicial functions must be specifically authorized by statute. State ex rel. McGull v. St. Louis Bd. of Police Cmsnrs., #ED85838, 178 S.W.3d 719; 2005 Mo. App. Lexis 1629 (2005). [2006 FP May]
     New Jersey appellate court invalidates a process where a senior ranking state police officer sits as a disciplinary hearing examiner. Because of the danger of "command influence in a paramilitary organization," the state's administrative procedure law must be followed, and cases heard by an independent administrative law judge. New Jersey Div. of State Police v. Maguire, #A-4922-02T3, 847 A.2d 614 (N.J. App. Div. 2004). {N/R}
     California appellate court overturns the firing of an officer because the attorney who prosecuted the charges also had served as a legal advisor to the Personnel Board. Qunitero v. City of Santa Ana, #G031275, 2003 Cal. App. Lexis 1912 (4th Dist. 2003). [2003 FP Feb]
     California appeals court holds that officers are not entitled to confront and cross-examine witnesses during a Bill of Rights hearing contesting the contents of a written memoranda, placed in their personnel files, for use during their next performance review. James v. City of Coronado, #D039686, 2003 Cal. App. Lexis 313 (4th Dist. 2003). {N/R}
     Federal appeals court affirms the termination of a police officer for a moonlighting violation. From a federal perspective, evidentiary irregularities at the hearing do not invalidate the proceedings, unless they are irrational or shocking. Young v. City of St. Charles, #00-1892, 244 F.3d 623, 2001 U.S. App. Lexis 4552 (8th Cir.). [2001 FP 67]
     Illinois appellate court allows a surprise prosecution witness to testify at a police termination hearing. Comito v. Police Bd. of Chicago, #1-99-0043, 739 N.E.2d 942, 2000 Ill. App. Lexis 851. [2001 FP 20]
     It was not a violation of due process for the employer to prepare a written notice of termination, prior to a pretermination review. US West and CWU L-777, FMCS #000412/09060-7, 115 LA (BNA) 57 (Prayzich, 2000). [2001 FP 20-1]
     Appeals court rejects an officer's challenge to his termination because he was depressed at the time of the disciplinary hearing. Coleman v. Anne Arundel Co. Police Dept., #2713-1999, 136 Md.App. 419, 766 A.2d 169, 6 WH Cases 2d (BNA) 1337, 2001 Md. App. Lexis 16. [2001 FP 36]
     A police disciplinary board, like a court, has the inherent power to correct clerical errors in its decisions, but not to impose additional judicial actions. McCloud v. Rodriguez, 710 N.E.2d 37, 304 Ill.App.3d 652, 1999 Ill. App. Lexis 186. {N/R}
     A disciplinary board's findings that the respondent police officer lied during an investigation were amply supported by the evidence. Valio v. Bd. of Fire and Police Cmsnrs, of Itasca, #2-99-0019, 311 Ill.App. 3d 321, 724 N.E.2d 1024, 2000 Ill. App. Lexis 58. {N/R}
     Missouri rules that a Board or Commission cannot delegate to a hearing officer, the power to preside over a disciplinary hearing not attended by a quorum of that body. State ex rel Rogers v. Bd. Police Cmsnrs. Kan. City Mo., #WD 56203, 1999 Mo. App. Lexis 664, 995 S.W.2d 1. [1999 FP 131]
     N.Y. appellate court holds there is no duty to reopen a disciplinary trial even if the accused finds a witness, where there was solid evidence to support the original findings. D’Augusta v. Bratton, 686 N.Y.S.2d 39 (A.D. 1999). [1999 FP 116]
     New York's highest court sustains the power of agency heads to summarily terminate public employees on conviction of a felony and some lesser offenses. A hearing is usually required where the offense is a misdemeanor. Elements of the crime need not be proved in the hearing. Foley v. Bratton, 92 N.Y.2d 781, 709 N.E.2d 100, 1999 N.Y. Lexis 24. [1999 FP 68-9]
     Maryland appellate court reverses the damage award given to a fire lieutenant, accused of having on-duty sex with a police officer. No hearing was required before a pretermination suspension was imposed. Annapolis (City of) v. Rowe, 123 Md.App. 267, 717 A.2d 976, 1998 Md.App. Lexis 168, 14 IER Cases (BNA) 716. [1999 FP 35-6]
     In Illinois, a reviewing court must assume that a disciplinary board's findings of fact are true and correct, citing 735 ILCS 5/3-110. Ruther v. Hillard, 306 Ill.App.3d 997 (1999). {N/R}
     A disciplinary board's findings are contrary to the manifest weight of the evidence only where the opposite conclusion is clearly apparent. McCloud v. Rodriguez, 304 Ill.App.3d 652 (1999). {N/R}
     Appellate court sustains the offense of failing to prevent fellow officers from using excessive force on a prisoner, but remands the case because the Police Board failed to adequately document the facts supporting the charge. Cummings v. Mischeaux, 960 S.W.2d 560 (Mo.App. 1998). Also see: Merrifield v. Ill. St. Police Merit Bd., 691 N.E.2d 191/at 197 (Ill.App. 1998). [1999 FP 6-7]
     Illinois appellate court upholds an arbitration clause for disciplinary grievances, including termination. IL FOP Labor Council v. Town of Cicero, #1-97-3376 (1st Dist.), 301 Ill.App.3d 323, 703 N.E.2d 559, 1998 Ill.App. Lexis 787, 160 LRRM (BNA) 2558. [1999 FP 19]
     Three rural Mississippi police officers, who were suspended and publicly accused of sexual abusing a minor, accept reinstatement and $95,000 each to settle their claims. The city offered to settle after the court refused to dismiss their privacy, Due Process and defamation claims. Gray v. City of Olive Branch, #2:96CV188-B-B, 1998 U.S. Dist. Lexis 4472 (N.D.Miss. 1998); settlement rptd. at 41 (7) Law Rptr. (ATLA) 258, 276. [1998 FP 149-50]
     N.Y. court reverses the termination of a NYPD officer who was convicted of misdemeanor assault. Commissioner failed to give the officer a pretermination hearing. Brapham v. Safir, 659 N.Y.S.2d 7l0, 172 Misc.2d 767, 1997 N.Y. Misc. Lexis 196. [1998 FP 100]
     Remedy for a failure to give a pretermination hearing is back pay, between the initial severance date and the date the termination decision is announced, following a curative hearing. North Pole (City of) v. Zabek, 934 P.2d 1292, 1997 Alas. Lexis 26. [1998 FP 52-3]
     Binding arbitration, in lieu of Civil Service disciplinary trials in New York, was mandatorily negotiable. Creedon PBA and City of Utica, N.Y. PERB U-19283, 31 NYPER (LRP) P3045, 1998 NYPER (LRP) Lexis 196 (1998), citing Cohoes (City of) and Unif. F/F L-2562, N.Y. PERB U-17838 and U-17875, 31 NYPER (LRP) P3020, 1998 NYPER (LRP) Lexis 156 (1998).{N/R}
     Divided appellate court holds that the mere fact an employing entity chooses and compensates a disciplinary hearing officer is not proof of his bias. Linney v. Turpen, 42 Cal.App.4th 763, 1996 Cal. App. Lexis 109, 49 Cal.Rptr. 813 (1996). [1996 FP 133]
     N.Y. criminal court judge halts a police disciplinary hearing until the criminal trial is resolved. Fifth Amendment concerns raised. People v. Zimmer, 632 N.Y.S.2d 945 (Sup. 1995). [1996 FP 68]
     Disciplinary board members need not be present if they have a procedure to review the testimony and other evidence. Serio v. Police Bd. Chicago, 655 N.E.2d 1005 (Ill.App. 1995). [1996 FP 69]
     City attorney could not temporarily step down from his position as a member of the Board of Safety to prosecute a police officer for misconduct. The inevitable bias vitiated the proceedings. Rynerson v. City of Franklin, 655 N.E.2d 126 (Ind.App. 1995). {N/R}
     Corrections officer could not prove a right to reinstatement because of a favorable determination in an unemployment compensation hearing. Morrison v. Dept. of Corr., 659 A.2d 620 (Pa.Cmwlth. 1995). [1996 FP 38-9]
     Federal appeals court concludes that a terminated employee was not entitled to have his own attorney present at the grievance arbitration hearing. Garcia v. Zenith Elec., 58 F.3d 1171 (7th Cir. 1995). [1995 FP 174]
     Officer, by failing to attend a disciplinary hearing, waived any other rights of due process he might otherwise enjoy. State ex rel. Lupo v. City of Wentzville, 886 S.W.2d 727 (Mo.App. 1994). {N/R}
     U.S. Supreme Court holds that a hearing authority may, but need not, decline to order reinstatement and back pay to a terminated employee who lied at the hearing. ABF Freight Sys. v. N.L.R.B., 114 S.Ct. 835 (1994). {N/R}
     Terminated police officer was entitled to a new hearing, where member of a three-person board was a parttime police officer under the command and control of the police chief when performing those duties. The appellant was entitled to a disinterested tribunal. Bender v. Bd. F&P Cmsnrs., 627 N.E.2d 49 (App. 1993). {N/R}
     N.Y. court upholds a negotiated plea agreement that establishes a probationary period in lieu of discipline. Such agreements do not, in every case, allow superiors the right to deny the employee a hearing, in the event of alleged additional misconduct. Tankard v. Abate, 159 Misc.2d 339, 603 N.Y.S.2d 951 (1993). [1994 FP 163-4]
     Appellate court reverses the removal of a firefighter; dept. failed to notify him, prior to the hearing, which rules he allegedly violated. Wesley v. Bd. of Fire Cmsnrs., 604 N.Y.S.2d 456 (A.D. 1993). [1994 FP 164-5]
     Civil service board members are not disqualified from hearing a disciplinary charge a second time, simply because they decided the case against the employee in the first hearing. Dell v. City of Tipton, 618 N.E.2d 1338 (Ind.App. 1993). [1994 FP 37-8]
     Statutes granting power to administrative agencies are strictly construed as conferring only those powers granted expressly or by necessary implication. Walker v. Luther, 830 F.2d 1208 (at 1211)(2nd Cir. 1987). See also: Singer, Statutes and Statutory Construction Sec. 6502 (4th ed. 1986). {N/R}
     Federal appeals court upholds sufficiency of a half-hour pretermination hearing. Browning v. City of Odessa, 990 F.2d 842 (5th Cir. 1993). [1994 FP 39]
     New York's highest court holds a pretermination hearing need not formal or procedurally elaborate. It must only serve as an initial check against mistaken decisions and it need not definitively resolve the propriety of the discharge. Hurwitz v. Perales, 81 N.Y.2d 182, 613 N.E.2d 163 (1993). [1994 FP 39]
     Federal appeals court affirms damage award for due process violations; officer was summarily terminated because he refused to wear a firearm for religious reasons. Miner v. City of Glens Falls, 999 F.2d 655 (2nd Cir. 1993). [1994 FP 20-1]
     A police board's statutory power to determine cause for dismissal and terminate an employee cannot be abrogated by a collective bargaining agreement. The Illinois Public Labor Relations Act provides that a public employer must bargain over conditions of employment "not specifically provided for in any other law or not specifically in violation of the provisions in other laws." Ill.Rev.Stat. Ch.48, ¶1607, Sec. 7. Parisi v. Jenkins, 603 N.E.2d 566, 236 Ill.App.3d 42, 1992 Ill.App. Lexis 1318 (at 8). {N/R}
     Fed. appeals court holds that volunteer firefighters can be “employees” and privately incorporated fire companies can be liable under Sec. 1983 for civil rights violations. Haavistola v. Community Fire Co., 6 F.3d 211 (4th Cir. 1993). [1994 FP 21]
     Suspension reversed, where two members of the hearing board testified against the accused firefighter. Ferrara v. Magee Vol. Fire Dept., 594 N.Y.S.2d 506 (A.D. 1993). [1994 FP 4]
     Removal of police chief reversed by state supreme court, where bias of board member was evident; impartiality required. Clisham v. Bd. of Police Cmsnrs., 223 Conn. 354, 613 A.2d 254 (1992). [1993 FP 69]
     A legally-protected property interest may exist by statute, regulation, employee guidance manual, policy or practice, written contract, or express mutual agreement. Without such an interest, there is no right to due process in disciplinary actions. Pesek v. City of Brunswick, 794 F.Supp. 768 (N.D.Ohio 1992). [1993 FP 23-4]
     A police officer terminated for using excessive force was denied due process when his dismissal was based on reasons not included in the notice of charges provided him. The department used a psychological evaluation against him, without notice of that fact. Bass v. City of Albany, 968 F.2d 1067 (11th Cir. 1992). {N/R}
     The credibility of witnesses and the weight given their testimony are findings that will not be disturbed unless they are against the manifest weight of the evidence. Merrifield v. Ill. St. Police Merit Bd., 294 Ill.App.3d 520 (1997) citing Launius v. Bd. of Fire & Police Cmsnrs., 151 Ill. 2d 419 (1992). {N/R}
     Whether a member of a personnel board should have recused himself from participating as a member of the hearing panel, Walck v. City of Albuquerque, 828 P.2d 966 [1993 FP at 967] (N.M. App. 1992). [1993 FP NR]
     A police officer in NY is not entitled to assistance of counsel in administrative proceedings. Alston v. NYC Transit Auth., 588 N.Y.S.2d 419 (A.D. 1992), citing Brown v. Lavine, 333 N.E.2d 374. {N/R}
     Two year hiatus between incident and commencement of disciplinary hearing for excessive force did not deprive officers of due process. Berry v. Dinkins, 576 N.Y.S.2d 107 (A.D. 1991). {N/R}
     Appellate court allows an officer to grieve a complaint that the police chief conferred with the city manager before imposing a one-day disciplinary suspension, purportedly violating his "right" to an impartial hearing. Champaign Police B&P Assn. v. City of Champaign, 569 N.E.2d 275 (Ill.App. 1991). See also: United Steelworkers v. Amer. Mfg. Co., 363 U.S. 574, 80 S.Ct. 1347 (1960). [1992 FP 68]
     Bargaining agreement could not abolish the right to a pretermination hearing. Guilford v. City of Buffalo, 571 N.Y.S.2d 183 (Misc. 1991). [1992 FP 102]
     Police officer who was given a one-day advance notice of his termination hearing, was accorded due process. Pannozzo v. Rhoads, 905 F.2d 135 (7th Cir. 1990). {N/R}
     Fact that the police chief both prepared the charges against a subordinate, then presided at his hearing, did not violate due process. Officer was not entitled to assistance of counsel at a predetermination hearing. Panozzo v. Rhoads, 905 F.2d 135 (7th Cir. 1990).
     Dismissal upheld: police officer allegedly left the scene of an accident and filed a false report that her car had been stolen. Appellate courts will not set aside findings of the hearing officer merely because of conflicting testimony. Homenick v. Ward, 556 N.E.2d 81 (A.D. 1990).
     Accused employee need not be informed, prior to a disciplinary hearing, that termination will be imposed if he is found guilty of the accusation. Police officer failed to put forward a defense to sexual harassment; city could terminate him solely on the citizen's statement. Buckner v. City of Highland Park, 901 F.2d 491 (6th Cir. 1990).
     A public employee, terminated at a hearing closed to the public, was entitled to back pay from the date of the initial termination until his separation was later affirmed at a public hearing. Bartell v. Wellesley Hous. Auth., 28 Mass. App. 306, 550 N.E.2d 883 (1990).
     It was not improper to demote the chief for driving after drinking, even though he was acquitted of the DUI charge. Demotion was proper because of chief's history of drinking problems. In re Phillips, 117 N.J. 567, 569 A.2d 807 (1990).
     Ruling of a trial board is not affected by a mid-hearing substitution of a board member or a change of rank of a board member since the panel was appointed. Medley v. Missouri St. Hwy. Patrol, 776 S.W.2d 405 (Mo.App. 1989).
     Federal court upholds right of a city to dismiss a public employee upon a criminal conviction, without affording him a hearing. Furst v. N.Y.C. Transit Auth., 631 F.Supp. 1331 (E.D.N.Y. 1986).
     Chief's pre-hearing admitted intention to "make an example" of the accused officers did not require the discipline to be overturned. Geberth v. Augustine, 143 A.D. 2d 910, 533 N.Y.S.2d 504 (1988).
     A police chief did not have a property interest in her job where the city charter expressly states she was subject to removal by the mayor. Harrington v. City of Portland, 708 F.Supp. 1561 (D.Ore. 1988).
     Termination of firefighter must be overturned on appeal if civil service board heard evidence presented by management when the employee was not present.
     Reversal required, even if the evidence presented in the public hearing was sufficient to sustain discharge. Neal v. Pike Township, 530 N.E.2d 103 (Ind.App. 1988).
     U.S. Appeals Court (sixth circuit) rules that civil service employees are not entitled to have a three-day suspension heard before a neutral hearing officer.
     Other due process rights that arise in longer period suspension and termination cases do not apply. Gillard v. Norris, 857 F.2d 1095 (6th Cir. 1988).
     U.S. Appeals Court upholds a pretermination hearing before the city manager who later testified against the employee. Duchesne v. Williams, 849 F.2d 1004 (6th Cir. en banc 1988).
     Employer obliged to furnish accused employee with names and addresses of adverse witnesses prior to the disciplinary hearing. Cmwlth. Dept. of Corrections v. Penna. Labor Rltns. Bd., 541 A.2d 1168 (Pa. Cmwlth. 1988).
     Mayor's failure to read hearing transcript before firing the deputy chief was harmless error, when he later read the transcript and unequivocally reaffirmed the dismissal. Fraccola v. City of Utica, 523 N.Y.S.2d 292, 523 A.D. 2d 292 (1987).
     Appellate court upholds damage award of $64,500 for termination of police officer; dept. failed to give him a copy of citizen's complaint until the time of hearing. Zueck v. City of Nokomis, 513 N.E.2d 125 (Ill.App. 1987).
     Conviction of criminal offense related to disciplinary charges excuses dept. from need to prove a violation of its rules. McFagdon v. City of Memphis, 731 S.W.2d 530 (Tenn. App. 1986).
     Federal appeals court holds that public employees must be given opportunity for a pre-termination hearing. Page v. DeLaune, 837 F.2d 233 (5th Cir. 1988).
     Federal court grants absolute immunity to fire marshal who testified in an administrative hearing. Johnson v. Kelsh, 664 F.Supp. 162 (S.D.N.Y. 1987).
     Lack of written disciplinary hearing procedure does not impair employee's rights, if minimal due process was afforded him. Sheehan v. Board of Fire & Pol. Cmsnrs. of Des Plaines, 509 N.E.2d 467 (Ill.App. 1987).
     Firefighter, terminated for drug use, could not win reinstatement because civil service cmsn. saw police investigation report. Mayerle v. Civil Service Cmsn., 738 P.2d 1198 (Colo. App. 1987).
     Name-clearing hearing not required, even though city accused chief of unsatisfactory performance. Robinson v. City of Montgomery City, 809 F.2d 1355 (8th Cir. 1987).
     Exclusionary rule does not apply to disciplinary trials in Maryland. Sheetz v. Mayor of Baltimore, 527 A.2d 787, 41 CrL (BNA) 2290 (Md. App. 1987). Also see "Disciplinary Evidence - Exclusionary Rule" above.
     No conflict because attorney general represented police agency and also advised the merit system (if handled by separate lawyers). Taylor v. Arizona Law Enf. Merit System Council, 731 P.2d 95 (Ariz. App. 1986).
     Officers facing termination, were given an opportunity to respond to allegations; due process requirements satisfied. Gniotek v. City of Philadelphia, 630 F.Supp. 827 (E.D. Pa. 1986).
     Federal court OK's summary firing of officer for arresting son of political leader; officer had no property right to his job. Thomason v. McDaniel, 792 F.2d 1247 (11th Cir. 1986).
     Remedy for denial of pre-termination hearing for properly terminated employee, is back-pay for period between discharge and post-termination hearing. Nickerson v. City of Anacortes, 725 P.2d 1027 (Wash. App. 1986).
     “Merit and fitness” ordinance provided the chief with a property right to continued employment; termination without hearing illegal. Rodez v. Village of Maywood, 641 F.Supp. 331 (N.D. Ill. 1986).
     Federal appeals court invalidates disciplinary suspensions of less than 10 days where no hearing or appeal is provided. Bailey v. Kirk, 777 F.2d 567 (10th Cir. 1985).
     Firefighter entitled to hearing on termination for omissions in his pre-employment application. City of Austin v. Banks, 696 S.W.2d 700 (Tex.App. 1985).
     If an officer's presence on the job presents a danger or threatens good discipline, he may be suspended but a hearing should follow as soon as possible. Click v. Bd. of Police Cmsnrs., 609 F.Supp. 1199 (W.D.Mo. 1985). {N/R}
     Remand to original board is proper where illegal evidence was admitted; admonishment not to consider such proof sufficient. Collura v. Bd. of Police Cmsnrs. of Itasca, 482 N.E.2d 143 (Ill App. 1985).
     Due process clause does not require where employee admits committing the alleged offense. Beckham v. Harris, 756 F 2d 1032 (4th Cir. 1985).
     Hearing panel's authority may not be collaterally attacked; ruling of de facto panel is binding. Town of Stratford v. Council 15, L-407, AFSCME, 3 Conn. App. 590, 490 A.2d 1021 (1985).
     Civil Service Commission has no duty to make a transcript. Frego v. Jonesboro Civil Serv. Cmsn., 684 S.W.2d 258 (Ark. 1985).
     Lawyer who assists city in drafting charges may also sit as legal advisor to board during hearing. Kosoglad v. Porcelli, 478 N.E.2d 489 (Ill.App. 1985).
     Trooper not entitled to full evidentiary hearing before a written warning is put in his file for 12 months. Cameron v. Dept. of State Police, 361 N.W.2d 765 (Mich. App. 1984).
     Civil service board must avoid investigatory role in hearing disciplinary complaints; sergeant reinstated after bias shown. Lower Providence Twp. v. Nagle, 469 A.2d 338 (Pa. Cmwlth. 1984).
     Trial board could not receive prejudicial hearsay evidence; physician had testified about what other doctors knew of case. Multari v. Town of Stony Point, 472 N.Y.S.2d 439 (A.D. 1984).
     Mere list of prohibited conduct does not create a property right to one's job and due process hearing. Harrison v. City of Adairsville, 560 F.Supp. 445 (N.D. Ga. 1983).
     Civil service authority could take into account employee's whole service record to justify termination. Linton v. Bossier City Mun. Fire & Police Civ. Serv. Bd., 428 So.2d 515 (La. App. 1983).
     14 month delay in disciplinary trial violated employee's due process rights. Hunt v. Shettle, 452 N.E.2d 1045 (Ind.App. 1983).
     Fact that counsel for chief and counsel for hearing board were both assistants of same public legal officer did not deny employee of due process and fair hearing. Lujan v. New Mexico State Police Board, 667 P.2d 456 (N.M. 1983).
     Accused not entitled to two attorneys, a continuance, or discovery of investigative reports. Proof beyond reasonable doubt not required. Stouffer v. Comm. of Penn. State Police, 464 A.2d 595 (Pa. Cmwlth. 1983).
     Illinois court finds no "conflict of interest" where city attorney's office prosecuted officer at disciplinary trial and also represented him in a civil suit filed over incident. Everly v. Chicago Police Bd., 456 N.E.2d 992 (Ill.App. 1983).
     Probationary officer not entitled to termination hearing where his reputation was not impugned. Mitchell v. Town Board of New Windsor, 468 N.Y.S.2d 18 (A.D. 1983); Buckley v. City of Collierville, 658 S.W.2d 541 (Tenn. App. 1983).
     Affidavits of misconduct are sufficient due process to give notice to employee; testimony by witness who was hypnotized was admitted without error where facts were favorable to accused. Due process standards outlined. Levos v. Columbus Civil Serv. Cmsn., 335 N.W.2d 262 (1983).
     Termination by Civil Service Board that improperly knew of polygraph results requires reversal; however, same commissioners may retry case -- a new panel not required. Diamond v. Bd. of Fire & Police Cmsnrs. of Elk Grove Village, 450 N.E.2d 879 (Ill.App. 1983).
     Mayor loses appeal and challenge of bias on hearing panel member; terminated chief is reinstated in split vote. Sampite v. Natchitoches Fire & Police Civ. Serv. Bd., 426 So.2d 729 (La. App. 1983).
     Appellate court reverses itself; department could not put critical report in officers" files without allowing them a hearing. Hopson v. City of Los Ang., 188 Cal.Rptr. 689, 139 Cal.App.3d 347 (1983).
     Failure to hold hearing within required time does not invalidate punishment; remedy is mandamus. Nortum v. Bor. of Johnsonburg, 445 A.2d 871 (Pa. Cmwlth. 1982). But see, 403 N.E.2d 1062.
     Trial board could not rely entirely on statements without corroborating testimony or other evidence. Gordon v. Civil Serv. Cmsn., 447 A.2d 713 (Pa. Cmwlth. 1982).
     Formal hearing not necessary for five-day disciplinary suspension, but certain due process rights inure. McCoy v. Brown, 100 Ill.App.3rd 988, 427 N.E.2d 619 (1981).
     Discharge of officer without a pretermination hearing violated his due process rights; police manual cited. Punton v. City of Seattle Pub. Saf. Cmsn., 650 P.2d 1138 (Wash. App. 1982).
     Demotion set aside because board denied lieutenant assistance of counsel and right to cross-examine. Garrett v. North Babylon Vol. Fire Co., 433 N.Y.S.2d 218 (A.D. 1980).
     Officers, fired on conviction of crimes, sought reinstatement; hearing required, reinstatement not automatic. Greene v. McGuire, 517 F.Supp. 1330 (S.D.N.Y. 1981).
     Aggrieved employee may not collaterally attack administrative hearing results in a civil rights suit. Gear v. City of Des Moines, 514 F.Supp. 1218 (S.D. Iowa 1981); Moore v. Bonner, 526 F.Supp. 143, 150 (D.S.C. 1981).
     Failure to swear witnesses at termination hearing was fatal error; discharge reversed. Nirk v. City of Kent Civil Serv. Cmsn., 633 P.2d 118 (Wash. App. 1981).
     No right of counsel or record at peer review panel prior to full disciplinary de novo hearing. Grisell v. Consol. City of Indianapolis, 425 N.E.2d 247 (Ind.App. 1981).
     Failure to hold trial within 30-day period as required by personnel rules was harmless error. Fudge v. Haggard, Civil Serv. Trial Bd., 621 S.W.2d 196 (Tex. Civ. App. 1981).
     Publication of disciplinary rules does not create expectation of continued employment; at-will employees still subject to termination without cause. McMillian v. City of Hazelhurst, 620 F.2d 484 (5th Cir. 1980).
     New Jersey Supreme Court restricts power of city attorneys to prosecute accused city employees at disciplinary hearings. Perillo v. Advisory Committee on Prof. Ethics, 83 N.J. 366, 416 A.2d 801 (1980).
     Law requiring disciplinary hearing to commence within stated time limit is mandatory; accused employee does not have to demand a prompt trial unless law so provides. Bridges v. Bd. of Fire & Police Cmsnrs. of Zion, 403 N.E.2d 1062 (Ill.App. 1980). But see, 445 A.2d 871.
     Laws providing for automatic forfeiture of public office on conviction of a crime, without further hearing, upheld in New York. Hodgson v. McGuire, 427 N.Y.S.2d 820 (A.D. 1980).
     Hearing cannot be denied employee merely because he insists on presence of private counsel. Rapacki v. Board of Fire Cmsnrs. of Uniondale, 427 N.Y.S.2d 478 (A.D. 1980).
     Although pretermination procedures were defective, employee limited to back pay between discharge and post termination hearing. Glenn v. Newman, 614 F.2d 467 (5th Cir. 1980).
     Federal court finds termination hearing was defective; back pay not awarded due to seriousness of charges. Parks v. Goff, 483 F.Supp. 502 (E.D. Ark. 1980).
     Pennsylvania appellate court upholds two-year period between pretermination suspension and hearing. Davis v. City of Connellsville, 410 A.2d 937 (Pa. Cmwlth. 1980).
     U.S. Appeals Court affirms right of person facing disciplinary charges to tape-record hearing at own expense. Rosario v. Amalgamated LGCU-10, 605 F.2d 1228 (2d Cir. 1979).
     Legislature cannot constitutionally limit suspension appeals to those over ten days; due process denied. Gerhardt v. City of Evansville, 408 N.E.2d 1308 (Ind.App. 1980).
     Evidence of prior instances of drinking admissible in aggravation of punishment. Officer properly terminated for on-duty intoxication. Appeal of Eber, 415 A.2d 1253 (Pa. Cmwlth. 1980); Reichenbach v. Civil Serv. Cmsn. of Wilkinsburg, 417 A.2d 1292 (Pa. Cmwlth. 1980).
     Appellate court upholds hearsay evidence, rules employees need not pay costs of transcript on appeal, and personnel board can aggravate punishment suggested by hearing examiner. Zoutendyk v. Wash. State Patrol, 616 P.2d 674 (Wash. App. 1980).
     Summary discharge of uniformed employee with handlebar moustache reversed; entitled to hearing on whether termination is appropriate. Worrall v. Ogden City Fire Dept., 616 P.2d 598 (Utah 1980).
     Mayor assisted in theft inquiry, then presided over hearings which fired officers; no due process violations. Appeal of Schultz, 427 A.2d 290 (Pa. Cmnwlth. 1981).
     Indiana appellate court upholds disciplinary interview and fact that city attorney sat on hearing board without conflict. Martincich v. City of Hammond, 419 N.E.2d 240 (Ind.App. 1981); City of Hammond v. State ex rel Jefferson, 411 N.E.2d 152 (Ind.App. 1980).
     Employee entitled to medical pension for aggravation of pre-employment injuries. Police Pension Bd. of Hollywood v. Gaines, 389 So.2d 677 (Fla. App. 1980).
     Results of civil suit for false arrest can form basis for subsequent disciplinary action. Goderre v. City of Peekskill, 52 N.Y.2d 754, 436 N.Y.S. 272 (N.Y. 1980), (reversing an intermediate appeal at 71 A.D. 2d 892, 419 N.Y.S.2d 631).
     Ex-mayor ordered to pay $10,000 compensatory and $2,000 punitive damages plus attorney's fee to officer, fired without prior hearing. Busche v. Burkee, 474 F.Supp. 484 (E.D. Wis. 1979).
     California recognizes right to representation by union representative at disciplinary hearing. Civil Service Assn. L-400 v. City of San Francisco, 586 P.2d 162 (Cal. 1978).
     Disciplinary investigation record is hearsay and must be supported by witnesses to justify suspensions. Blanchard v. Firemen's & Policemen's Civil Service Cmsn. of Fort Worth, 577 S.W.2d 337 (Tex. Civ. App. 1979).
     Pretermination hearing required if employee "stigmatized" by media publicity. West v. State Dept. of Criminal Law Enforcement, 371 So.2d 107 (Fla. App. 1978).
     Statutes requiring open meetings must be strictly complied with. Reed v. City of Richmond, Kentucky, 582 S.W.2d 651 (Ky. App. 1979).
     Pretermination hearing not required when no defamatory information is present or if employee fails to deny publicly made charges. Grant v. Police Cmsnr. of Boston, 387 N.E.2d 178 (Mass. App. 1979).
     Appellate courts should be reluctant to set aside findings of hearing boards in cases where credibility of witnesses in issue. Pryka v. Bd. of Fire & Police Cmsnrs. of Schaumburg, 384 N.E.2d 784 (Ill.App. 1978).
     Accused employee's voluntary testimony at civil service hearing can be used against him in criminal trial; accused not entitled to see department's internal investigation file. Cox v. McNeal, 577 S.W.2d 881 (Mo.App. 1979).
     Disciplinary trial board not required to make transcript of testimony before deciding outcome. Gorwin v. Vil. of Ellenville, 415 N.Y.S.2d 299 (A.D. 1979).
     Findings of impartial hearing officer must be accepted by department and city council, unless unsupported by evidence. Jackson v. City of Pomona, 160 Cal.Rptr. 890 (App. 1979).
     Trial board cannot justify termination of accused employee for lying during course of hearing; new charges required. Kupkowski v. Board of Fire & Police Cmsnrs., Downers Grove, 389 N.E.2d 219 (Ill.App. 1979).
     Probationary officers, terminated for misconduct, entitled to stigma clearing hearing; reinstatement, back pay ordered. Lubey v. City of San Francisco, 159 Cal.Rptr. 440 (App. 1979).
     Federal court upholds conduct unbecoming charge following DWI arrest of firefighter and approves of punishment duty as disciplinary penalty; pre-hearing suspension may violate due process -- factors enumerated. Hayes v. City of Wilmington, 451 F.Supp. 696 (D. Del. 1978).
     Dual actions of attorney held not to prejudice officer's rights in disciplinary hearing. Sowder v. Board of Police Cmsnrs., 553 S.W.2d 525 (Mo.App. 1977).
     Appeals court in Texas holds that there is no due process right to appeal a three-day disciplinary suspension. Fox, Chief, Texarkana Fire Dept. v. Carr, 552 S.W.2d 885 (Tex. Civ. App. 1977).
     Arizona allows post-termination hearings where fire chief can show justifiable need for immediate dismissal. City of Flagstaff v. Superior Court, 569 P.2d 812 (Ariz. 1977).
     Massachusetts rules that violation of time limits does not affect validity of civil service rulings. Police Dept. of Fall River v. Cmsnrs. of Civil Serv., 369 N.E.2d 1041 (Mass. App. 1977).
     Public censure of officer does not entitle him to a hearing. Vorbeck v. McNeal, 560 S.W.2d 245 (Mo.App. 1978).
     California appellate court delineates standards for review on appeal; "abuse of discretion" controls penalties; "substantial evidence" controls charges. Zink v. City of Sausalito, 139 Cal.Rptr. 59 (App. 1977).
     Federal courts can review administrative proceedings where racial discrimination is alleged. Garner v. Giarusso, Supt. of Police, 571 F.2d 1330 (5th Cir. 1978).
     Circumstantial evidence sufficient to terminate officers for planting throw-away gun to justify shooting at misdemeanant. City of Pasadena v. Barron, 567 S.W.2d 73 (Tex. Civ. App. 1978).
     Failure of civil service to hold prompt hearing does not necessitate reinstatement. City of Hollywood v. Fielding, 362 So.2d 362 (Fla. App. 1978).
     Retirement while charges are pending does not divest board of right to retain jurisdiction and set penalty. Ryan v. McNeal, 569 S.W.2d 361 (Mo.App. 1978).
     Departmental hearing officers have implied authority to enter into plea bargaining negotiations; agreements reached cannot be later nullified by superiors. Brown v. Codd, 405 N.Y.S.2d 687 (A.D. 1978).
     Majority vote required on length of suspension. Connor v. Civil Service Cmsn. of Dubuque, 265 N.W.2d 733 (Iowa, 1978).
     New Jersey Supreme Court sets standards for disciplinary hearings -- eight steps of due process outlined. Nicoletta v. No. Jersey Dist. Water Supply Cmsn. 77 N.J. 145, 390 A.2d 90 (1978).
     Supreme Court upholds post-suspension hearing procedure in administrative cases where "integrity" is involved. Barry v. Barachi, 99 S.Ct. 2642 (1979).
     New York's high court upholds use of illegal wiretap conversation in disciplinary hearing. Mancini v. Codd, 46 N.Y.2d 12, 385 N.E.2d 541 (1978).
     Tardiness - Prior instances inadmissible. Stanton v. Bd. of Fire & Police Com'rs. of Bridgeview, 345 N.E.2d 822, Ill.App.3d 108 (Ill.App. 1976).
     Fire Dept. ambulance driver's discharge set aside due to absence of counsel; civil service commission ordered to grant new hearing on due process grounds. Woods v. Civil Serv. Cmsn. of the City of Los Ang., 119 Cal.Rptr. 175 (Cal.App. 1975).
     California court gives civil service boards wide discretion in deciding firefighter cases. Lake v. Civil Service Commission of the Fire Department, 120 Cal.Rptr. 452 (App. 1975).
     Role of commissioners at hearing discussed. Phillips v. Bd. of Fire & Police Cmsnrs. of East St. Louis, 320 N.E.2d 355 (Ill.App.).
     Quorum required, defined. City of Duquesne Civil Service Commission v. Ballough, 329 A.2d 528 (Pa. Cmwlth. Ct.).
     Collateral attack of disciplinary proceedings discussed. Hanzimanolis v. Codd, 404 F.Supp. 719 (S.D.N.Y. 1975).
     Supreme Court refuses to grant public employees a right to a hearing, order reinstatement, under due process clause alone. Claimants must show a contractual or statutory violation. "The federal court is not the appropriate forum in which to review the multitude of personnel decisions that are made daily by public agencies,." (Stevens, writing for the majority). Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074 (1976).
     Supreme Court allows mass firings of striking public employees; board not disqualified from hearing charges. Hortonville Jt. Sch. Dist. v. Hortonville Educ. Assn., 96 S.Ct. 2308 (1976), 225 N.W.2d 658 reversed.
     Tie votes discussed: Wicks v. City of Tucson, 543 P.2d 1116 (Ariz. Dec. 1975).
     Written reprimands – appealability: Hendrickson v. Civil Service Com'n, Washington Co. Fire Dist. No. 1, 544 P.2d 186 (Ore. App.).
     Effect of acquittal of criminal charges: Flynn v. Bd. of Fire & Police Com'rs, City of Harrisburg, 342 N.E.2d 298, 33 Ill.App.3d 394 (Ill.App. 1975), cert. den. (Ill. 1976).
     Appellate court reverses termination of police officer because the Fire and Police Commission failed to enumerate the basis and underlying facts upon which disciplinary action was predicated. "...it is not clear what evidence was accepted or rejected or what ground the Board relied on in reaching its decision." Kozsdiy v. O'Fallon Bd. Fire & Police Cmsnrs., 31 Ill.App.3d 173, 334 N.E.2d 325 (1975).
     Record for appeal discussed: Justewicz v. Hamtramck Civil Service Comm., 237 N.W.2d 555 (Mich. App. 1975).
     Illinois Supreme Court allows a prehearing disciplinary suspension of up to 30 days. Peo. ex rel. Paczkowski v. Conlisk, 38 Ill. App. 3d 106, 347 N.E.2d 96 (1976); Kropel v. Conlisk, 60 Ill.2d 17, 322 N.E.2d 793, 1975 Ill. Lexis 364 (1975). {N/R}
     Dismissal over narcotics incident reversed; New York court rules on nexus of evidence. Arrastia v. Lowery, Cmsnr. of the Fire Dept., 356 N.Y.S.2d 306 (App. 1974).
     Indiana Supreme Court reinstates fireman; criticizes system where city attorney prosecuted the case, then took part in the decision. City of Mishawa v. Stewart, 310 N.E.2d 65 (Ind. 1974).
     See also: Disc. Hrgs - Tenured/General Rules; Disciplinary Offenses - Sufficiency of Proof; Disciplinary Punishment; Disciplinary Procedures; Polygraph Examinations; Probationary Employment; Retirement Benefits; Transfers; Wrongful Discharge.