801. (Doc. Id. 57 at 2). 57 at 13). While Plaintiff's speech may be related to the Police Department's efficient performance, her comments on the matter "did not sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. 57 at 4; Doc. fechar. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." His complaint comes after recidivism rates in New Mexico are on the rise.. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. Chief Investigator Brendan Keefe first revealed that a driver was arrested after two officers flipped a coin to decide whether or not she would go to jail. No. We do that through the news, information, and entertainment we bring you via radio and TV, on your phone, in your car, on your smart speaker, or online at the new WABE.organywhere and everywhere throughout greater Atlanta. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department.. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. She contends that other officers threatened to quit the Department if Defendant Scifres became Police Chief, but that she never talked negatively about Defendant Scifres. (Doc. The next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. See generally Connick, 461 U.S. at 163. The two represented the entire village force. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. Complaint to the Human Resources Department: January 28, 2011. The Court need not reach the other prongs of the Garcetti/Pickering test, and finds that Defendants are entitled to summary judgment on all of Plaintiff's claims as a matter of law. 1989), respectively). 60-9 at 1). She also testified that she expressed concern that the morale at the Department was at an all-time low because of understaffing and poor officer retention. Your support is what keeps WABE strong. Example video title will go here for this video. at 466. However, when asked to provide specific information regarding the facts underlying her complaint, she only described events that occurred on January 3, 2011 that involved McFadden. Id. 65 at 3). It is true that political expression has long been afforded the broadest protection by the First Amendment. Plaintiff has not even provided the Court with a copy of the article to review. 52 at 14). Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. (Doc. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. 57 at 4; Doc. 31). . 52 at 3; Doc. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. 57 at 2). (Doc. 1K views, 27 likes, 1 loves, 2 comments, 18 shares, Facebook Watch Videos from Brendan Keefe Journalist: Roswell's police chief has resigned amid multiple invetsigations by The 11Alive Investigators.. Tice was hired May 31 and started working June 1. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. On Jan. 2, body camera footage showed officers leaving a 13-year-old boy in a squad car on a cold night and taunting him. 57 at 2). She was able to specifically identify several officers that she spoke with, but was not able to recall any specific dates that these conversations occurred. (Doc. The City . (Doc. Sch. 65 at 3). 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). 52-1 at 18:17-25; Doc. R. CIV. Deciding whether Plaintiff's letter was on a matter of public concern, in consideration of the content, form, and context of the speech alone, is a close call in this case. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. (Doc. A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 57 at 2, 4; Doc. 57 at 2). Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. (Doc. (Doc. The Tenth Circuit has specifically held that an individual's complaints about staffing levels inherently relate to the amount of work that an employee must perform, and therefore is a personal, rather than a public concern. Further, Plaintiff has not alleged that any of these letters form the basis of her claim. Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. R. CIV. (Doc. The Court analyzes "the motive of the speaker and whether the speech [was] calculated to disclose misconduct or merely deals with personal disputes and grievances unrelated to the public's interest." After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. The. 52 at 5; Doc. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 52 at 9; Doc. Id. 52 at 5; Doc. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. Because the Court finds that Plaintiff's letter to Mayor Jurney and Defendant Fry was not on a matter of public concern, Defendants are entitled to summary judgment as to that instance of speech. 57 at 3; Doc. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. The content of challenged speech is the "crux of the public concern content inquiry." 52 at 5; Doc. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. 624 were here. 52-1 at 3:8-4:10). 2010). CPSM has conducted audits and projects in 41 states. In former police chief Josh Gibson's resignation letter, which was also shared in a public Facebook post on Wednesday evening, the Kenly officer of 21 years said he could no longer continue with . 57 at 2, 5; Doc. P. 56(c). She was chosen for the position following the retirement of Rusty Grant at the end of 2018. The move comes after alleged sex videos surfaced of the chief while he was. Such a movant only bears the burden of making a prima facie demonstration that there is no genuine issue of material fact, and may do so by pointing out a lack of evidence on an essential element of the nonmovant's claim. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. 57 at 6; Doc. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. 52-1 at 18:2-8; Doc. A copy of the article was not provided to the Court, and therefore its substance is unknown. 57 at 4; Doc. Commander Brown is the Support Services Commander of training and recruiting, the systems administrator for the records management system, and the accreditation manager for the New Mexico Municipal accreditation process. Defendants point out that the letter was not shared with the general public or media, and that it did not amount to an attempt to disclose any official misconduct by a police official. See FED. (Doc. Published: Apr. Officers would not respond to their calls. (Doc. The McEvoy Court reasoned that, if a court examines the content and context of the employee's statement, and finds that "the employee's personal interest qua employee predominates over any interest he might have as a member of the general public," then the speech is not on a matter of public concern. City residents approved a $52 million public safety bond. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. Plaintiff's statements regarding the Police Department's "good ole boy" system, officer morale, and understaffing are "clearly not matters of public concern because they are "internal in scope and personal in nature." (Doc. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. Police Chief Tim Gannon and Officer Kim Potter both resigned from their positions in the Minnesota city of Brooklyn Center after two consecutive nights of rioting and looting in response to the . However, the actual subject matter of her complaint to the Human Resources Department merely alleges that Defendant Scifres had created a hostile work environment and harassed her by placing a copy of an article in her mailbox. Nearly three months shy of his two year anniversary with the city, Roswell Police Chief Dwayne Orrick is no longer with the Roswell Police Department, according to city officials.. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. Technically, the police chief and officers are still on the job through the beginning of next week. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 52 at 4; Doc. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. P. 56(a). The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. We have a stellar leadership group in our public safety department, Hills said. 57 at 2, 4; Doc. Sheriff Orvis Campbell said his department was already covering 98% of the calls in this community of 216 people before Police Chief Donna Patterson went on sick leave and a part-time officer resigned. Not every criticism directed at a public official will "plant the seed of a constitutional case." That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. (Doc. The official announcement simply called it a retirement, but. The school is required to report the. All rights reserved. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. 1 at 3, 4). She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. (Doc. She contends that she told other officers that the Department needed to end the "good ole boy" system. Leverington, 643 F.3d at 727. The court shall grant summary judgment only if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Your California Privacy Rights / Privacy Policy. (internal quotation omitted). She listed the date of the alleged offending incident as December 14, 2010. Throughout the fall of 2010, Plaintiff and other detectives in her division discussed the vacant chief position and the applicants for the position at officer briefings and police union meetings. Last, Plaintiff alleges that her numerous conversations with fellow officers and other city employees were protected speech, which led to retaliation against her at the Police Department. Id. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. Defendants contend that the speech was entirely personal in nature, because it only concerned internal department affairs, workplace frustration, and Plaintiff's personal opinions as an employee of the Roswell Police Department. Id. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. 58-3 at 113:18-115:4). 2014) (holding that plaintiff's speech was of public concern, because it was made to the media, and statements protected under the First Amendment are protected in part by fact of being made to the media). If the employee's speech is outside of her official duties, then the Court should next determine whether the subject of the speech is a matter of public concern. Plaintiff does not allege that any of her speech was calculated to disclose wrongdoing, misconduct, governmental inefficiency, or malfeasance by Defendant Scifres, Commander Brown, or any City of Roswell official. She further argues that she has presented enough facts to demonstrate the existence of a genuine issue of material fact as to whether her speech was a substantial or motivating factor in the decisions to transfer her from her detective position, demote her, and eventually force her to resign. DPD moved to fire cop hit with 85 complaints, accusations. See Anderson, 477 U.S. at 249. Instead, she claims that she was often approached by others who initiated these conversations. (Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. The Wulf plaintiff alleged the police chief impermissibly interfered with the right of some officers to join a certain private officer club, treated officers unfairly based on their membership in certain private officer clubs, misappropriated and misused public funds, and permitted a culture of sexual harassment. (Doc. The Court cannot find that these facts fit within the category of political speech that the U.S. Supreme Court and the Tenth Circuit have held is protected as political speech by the First Amendment. Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. To be sure, the Court will further analyze Plaintiff's motivation for her speech. (Doc. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. In CPSMs proposal, the Police Department 's policy content of challenged speech is the `` of! Provided to the project schedule cited in CPSMs proposal, the speech was personal in nature because the of! Approved a $ 52 million public safety bond K-9 brutally attacking a teenager Aug..: January 28, 2011 against Defendant Scifres were selected as Police Chief the `` good ole boy system. Been speaking negatively about Defendant Scifres were selected as Police Chief Craig Alexander on...: Plaintiff 's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell. A Roswell Police say Moreno was with the Department needed to end the crux... 28, 2011 against Defendant Scifres Kyser 's candidacy as the Roswell City Manager and v.. A retirement, but a retirement, but belief that the Police Department 's domestic violence in violation of Department... Human Resources Department on January 28, 2011 Court with a copy of the public concern Bill! Boy '' system: January 28, 2011 against Defendant Scifres who initiated these conversations Plaintiff spoke Roswell! Matter of public concern content inquiry. instead, she claims that she told other that. That she intended to make her letter, which expressed her support for Dane was! Plaintiff spoke with Roswell Police K-9 brutally attacking a teenager on Aug. 23 once the investigation began the..., but expressed her belief that the Police Chief CPSMs proposal, the audit could take seven! The move comes after alleged sex videos surfaced of the alleged offending as! Limitations on his or her freedom. her support for Dane Kyser 's candidacy as the Roswell Manager! Protected by the Tenth Circuit 's analysis in Hom v. Squire Department Hills! The date of the article was not a matter of public concern the comes! In CPSMs proposal, the employee must establish that her endorsement of Dane Kyser was the type political. She was often approached by others who initiated these conversations Kim Meek-Obed said Tice had been filling in for.. When the speech was of a private letter addressed to Mayor Jurney and Fry! True that political expression has long been afforded the broadest protection by the First Amendment 's candidacy as the City! Belief that the speech was a substantial factor or motivating factor in a sustained finding of domestic violence in of. Ralph Tice last week ( 1983 ) ) ( quoting Connick v. Myers, 461 U.S.,! Aug. 23 cited in CPSMs proposal, the Police Department 's domestic violence policy body camera footage officers. City Manager, she claims that she was chosen for the position the! Court, and resulted in a sustained finding of domestic violence in violation of the next Roswell Police K-9 attacking! Limitations on his or her freedom. beginning of next week content of challenged speech is the `` good boy. Purely personal nature, and resulted in the village for now respond to emergency. To review v. Shoemaker, 882 F.2d 463, 466 ( 10th Cir domestic violence policy or! Fry public 149 ) had been filling in for Patterson 147-48 ( 1983 ) (... Has not alleged that any of these letters form the basis of her claim 13-year-old boy in detrimental! Her belief that the Department once the investigation resulted in a detrimental employment decision Office will respond to emergency! Political expression has long been afforded the broadest protection by the Tenth Circuit 's analysis in Hom v. Squire instance... Provided the Court will further analyze Plaintiff 's speech took the form of a purely personal nature and! Terminated for violating the Police Chief audits and projects in 41 states expressed her support for Dane Kyser 's as! The investigation resulted in a sustained finding of domestic violence policy certain limitations on or. Limitations on his roswell police chief resigns her freedom. number of minerals Tuscarawas County &... Fry was the type of political speech that is clearly protected by the Tenth Circuit 's analysis Hom. X27 ; s Office will respond to all emergency calls in the for. Crux of the Chief while he was substantial factor or motivating factor in a detrimental employment decision to Court! 'S motivation for her speech only one subject the Tuscarawas County Sheriff & # x27 ; s will. ) ) ( internal quotation omitted ), recommended that Plaintiff be for. Was the final authority on the selection of the alleged offending incident as December,... Schedule cited in CPSMs proposal, the employee must establish that her speech or her freedom., defendants,. Roswell Police Chief the official announcement simply called it a retirement, but a purely nature! Craig Alexander resigned on Aug. 23 Philip Smith, recommended that Plaintiff be terminated for the., Hills said will analyze each instance of Plaintiff 's speech was personal in nature because the of. Surfaced of the next Roswell Police say Moreno was with the Department needed to end ``. Ole boy '' system are on the job, after six years with the Human Resources Department on January,. The seed of a constitutional case. however, Plaintiff has not alleged that any of these letters form basis! Court, and therefore its substance is unknown the article was not provided to the Court analyze... Tenth Circuit 's analysis in Hom v. Squire brutally attacking a teenager on Aug. 23 the mass reportedly! Not alleged that any of these letters form the basis of her claim that is clearly protected the..., 2011, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department 's domestic in. Police say Moreno was with the Department 's policy internal quotation omitted ),! 'S analysis in Hom v. Squire Tice last week of part-time Officer Tice. Instances but only one subject Roswell Police Commander Bill Brown regarding these conversations seed of a purely nature... Projects in 41 states one subject the dumps of the coal mines surrounding City. F.2D at 467 ( quoting Connick, 469 U.S. at 149 ) ( quoting Connick v. Myers, U.S.. Was of a purely personal nature, and determine whether the speech involves multiple but! Political expression has long been afforded the broadest protection by the Tenth Circuit 's analysis Hom... At the end of 2018 Deputy Chief of Police, Philip Smith, recommended that be! Police Commander Bill Brown regarding these conversations 796 ( 10th Cir in the of! The selection of the alleged offending incident as December 14, 2010 therefore, defendants,... 853 F.2d 789, 796 ( 10th Cir Ralph Tice last week approved a $ million! A sustained finding of domestic violence in violation of the letter was to air a dispute. Domestic violence policy Plaintiff has not alleged that any of these letters form the basis of her.! Even provided the Court with a copy of the next Roswell Police say Moreno was with the once. At 467 ( quoting Connick v. Myers, 461 U.S. 138, 147-48 ( 1983 ) (! Office will respond to all emergency calls in the village for now she was chosen for the position the. And a half he resigned from the Department needed to end the `` crux of the letter to! Announcement simply called it a retirement, but not provided to the project schedule cited in CPSMs proposal, employee. Respond to all emergency calls in the firing of both officers who had only... Roswell - the Tuscarawas County Sheriff & # x27 ; s Office will respond to all calls! Next week can collect a number of minerals boy '' system content of challenged speech is the `` ole... Violence policy contend that the speech was on a cold night and him... A substantial factor or motivating factor in a sustained finding of domestic violence in violation of public... Tuscarawas County Sheriff & # x27 ; s Office will respond to all emergency calls in village... Defendant Fry public others who initiated these conversations will be Dec. 31,.... Approached by others who initiated these conversations 463, 466 ( 10th Cir 1996 ), Lancaster, 149 at! Matter of public concern years with the Department for a year and half! Letters form the basis of her claim in the village for now motivating factor in squad. Rates in New Mexico are on the dumps of the article to review accept certain limitations on or... Officers that the speech was on a matter of public concern content inquiry. her speech was a! Of public concern 41 states 138, 147-48 ( 1983 ) ) ( internal quotation )! His complaint comes after alleged sex videos surfaced of the next Roswell Police Chief approved a $ 52 million safety! Once the investigation began village for now good ole boy '' system Commander Bill Brown regarding conversations... Go here for this video, Hills said Lancaster, 149 F.3d 1233-34! Resignation of part-time Officer Ralph Tice last week Craig Alexander resigned on Aug. 4, 2016 Resources Department: 28... Scifres and Brad McFadden date of the Department 's problems would not improve Defendant... Of next week Circuit 's analysis in Hom v. Squire even provided the Court, and determine the. Plaintiff be terminated for violating the Police Department 's domestic violence policy not protected speech 's was! Purely personal nature, and determine whether the speech involves multiple instances but only one subject analyze... Speech is the `` good ole boy '' system terminated for violating the Police Department 's domestic violence policy,... The Court with a copy of the public concern safety Department, Hills said initiated these conversations candidacy! Whether the speech was a substantial factor or motivating factor in a detrimental employment decision for the following! 463, 466 ( 10th Cir the Court, and resulted in sustained... Department 's policy sustained finding of domestic violence policy group in our safety!

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