Principles for Public Safety Employment

Appellate Division upheld the administrative law judge’s finding that the firefighter grossly abused the public trust by engaging in unauthorized employment while on medical leave. The appellate court found that his misconduct warranted his termination.

iii. Conduct Unbecoming

Travis v. City of Memphis Civil Service Commission 207 James Travis was a firefighter with City of Memphis Fire Department. He was arrested with his wife, in his home during off-duty hours, and charged with possession of a controlled substance with intent to sell and with unlawfully selling a controlled substance. On at least two occasions, an undercover police officer went to Travis’ home and purchased controlled substances from Travis’ wife while Travis was present. Although Travis was never directly involved in the sale, when the undercover officer went to the house to make his second purchase, Travis opened the door and let the undercover officer in despite knowing that the undercover officer was at the home to purchase the drugs. The Department terminated Travis’ employment for engaging in an activity during non-duty hours that was inconsistent and incompatible with his duties, functions, and responsibilities as a City employee. The Tennessee Court of Appeals agreed with the Department in finding that a fireman, while off duty, who invites known drug dealers into his home for the known purpose of engaging in felonious criminal activities with another is acting incompatibly with his responsibilities as a City fireman.

b. Peace Officers i. Dishonesty by Peace Officers

It is well settled that peace officer employees are held to higher standards of conduct than other types of public employees. 208 “[T]here are certain professions which impose upon persons attracted to them, responsibilities and limitations on freedom of action which do not exist in other callings. Public officials such as judges, policemen , and school teachers fall into such a category.” 209 This is especially the case when it comes to misconduct consisting of dishonesty because an essential function of an officer’s job is to testify truthfully in court. 210 California courts have consistently upheld the termination of peace officers who were charged with dishonesty, even in instances where the officer was a long term employee with little or no record of prior discipline. For example, in Nicolini v. Tuolumne, a Court of Appeal upheld the discharge of a deputy sheriff for altering a prescription where the deputy had nine years of service and no prior discipline. 211 In Paulino v. Civil Service Commission , a Court of Appeal upheld the discharge of a peace officer for falsely reporting sick leave because “a [peace officer’s] job is a position of trust. Similarly, in Hanley v. City of Los Angeles 212 a Court of Appeal held that an employee’s falsification of a single time record was just cause for termination. In that case, a police officer attended a Memorial Day barbeque while assigned to patrol duty and subsequently falsified his field activities report to conceal these activities. In upholding his termination the Court of Appeal explained that “the overriding consideration” involved in whether to affirm discipline of a public officer is not the number of offenses

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 71