Wilson, 732 F.2d at 768. She stated her belief that Defendant Scifres had been the one who told Commander Brown to reprimand her in December, 2010 for discussing the Police Chief vacancy while on duty. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. She reported that on January 4, 2011, Defendant Scifres placed an article published by the National Tactical Officers Association, entitled the "Chronic Complainers Club, Part One," in her work mailbox. 52-1 at 41:16-42:4). The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." Plaintiff was concerned about who the next Chief of Police would be because she believed that the morale of the Department was low, which impacted the officers' ability to serve the community. She explained that low morale at the Police Department was another reason that she participated in these conversations. She went off-duty in February. (Doc. 52 at 6; Doc. These letters purported to express several police officers' preferences for the new Roswell Police Chief. The Tenth Circuit has noted that such an allegation only facially demonstrates a personal grievance with a public official, and therefore "unequivocally reflects a personal dispute, not a matter of public concern." Connick, 461 U.S. at 147-48. 52 at 8; Doc. 52 at 3; Doc. Id. 52-4 at 4:4-16). 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. If the employee establishes the speech was a substantial or motivating factor, then "the employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech." On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. (Doc. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. 57 at 2-3; Doc. (Doc. (Doc. She seeks damages and equitable relief. She also attached a message that McFadden published on a social-media website, which she contends was posted "[a]fter letters of support were known." See Borough of Duryea, 131 S. Ct. at 2501. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. Roswell, GA. 196. 52 at 5; Doc. (Doc. They weren't serving the community . (Doc. If the moving party has demonstrated an absence of material fact, then the "nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." The evidence in the record strongly suggests that Plaintiff's personal interest as an employee of the Roswell Police Department predominated her interest as a member of the general public. 52 at 5; Doc. The City . However, if the speech involved multiple instances and multiple, unrelated subjects, then the Court must conduct the Garcetti/Pickering analysis on each instance of speech. Id. We have a stellar leadership group in our public safety department, Hills said. Officer Victor Aguirre is one of the departments newest hires, joining in December. 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. The city council will be asked to approve the choice of Cole for the job. The city of Roswell is going to pay an outside consultant to take a closer look at its police department following multiple controversies over officers actions. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. Alston announced several times that . She described her discussions with other officers as "personal conversations," and asserted that she had been singled out by Commander Brown despite many other officers regularly discussing the Chief of Police position while at work. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. (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." Wilson, 732 F.2d at 768. He specialized in investigating violent crimes, property theft, drug enforcement and technology. 65 at 3). (Doc. Kim Potter, a 26-year police. (Doc. Roswell Police Chief Rusty Grant said he launched an investigation and placed the officers on administrative leave once he became aware of the incident that occurred just over three months. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. 52 at 5; Doc. 60). Your California Privacy Rights / Privacy Policy. 58-3 at 3:6-10). Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. (Doc. 52 at 4; Doc. JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation; LARRY FRY and JODY SCIFRES, in their individual and official capacities; and DENNIS KINTIGH in his official capacity, Defendants. Id. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. She could only generally recall the substance of the conversations. 1/8/2020. The content of challenged speech is the "crux of the public concern content inquiry." 65 at 3). 57 at 4; Doc. According to the press release . Chief Tim Gannon and Officer Kim Potter have. She also openly discussed her concerns about the Department and management with other police officers and the public. Plaintiff asserts her claim against the City of Roswell, as well as Larry Fry and Jody Scifres in their individual and official capacities, and Dennis Kintigh in his official capacity only. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 65 at 3). She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. (Doc. 57 at 2). Therefore, the Court will consider each instance of speech independently. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. If the employee's interest outweighs the employer's, then the Court proceeds to step four. P. 56(c). 52 at 3; Doc. Plaintiff alleges that during that time she advocated for one of her fellow officers for the Chief of Police position, and encouraged other police officers to voice their support for their favorite candidate. (Doc. 52 at 3; Doc. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. (Doc. (Doc. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. (Doc. 60-9 at 1). 60). (Doc. 52-1 at 3:8-4:10). (Doc. 65 at 3). (Doc. On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. 3. 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. Officers would not respond to their calls. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Id at 2. The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. McEvoy, 882 F.2d at 465. (Doc. Lancaster v. Indep. (Doc. Id. 52-1 at 41:16-42:4; Doc. 57 at 2). Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. (Doc. 57 at 4; Doc. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Id. See id. She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. 2023 www.timesreporter.com. 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 . In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. 52-1 at 21:17-25; Doc. 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." However, the First Amendment limits the public employer's ability "to leverage the employment relationship to restrict, incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens." The U.S. Supreme Court held that speech pertaining to the confidence and trust than an employee possesses in her supervisors and the level of office morale, did not fall "under the rubric of matters of public concern." (Doc. PREVIOUS | Roswell Police Chief resigns amid 11Alive Investigation Two Roswell officers were fired after 11Alive Investigators uncovered body camera video showing the officers using a 'coin flip' app when deciding to arrest a driver for speeding. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." 1421. 57 at 2). at 465. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. Because they were upset because the morale was at the all time low." Improving vehicles, technology, everything is moving up. Officer . Id. (Doc. . She disclosed that she had been admonished by Commander Brown for "talking negatively about Chief Deputy Jody Scifres for Chief," and was instructed to cease talking about the Police Chief position while at work. Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. (Doc. 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. See Pickering v. Bd. In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. Lighton, 209 F.3d at 1224. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. In fall 2010, the Roswell Police Chief position became vacant and the City of Roswell was engaged in a search process to select the new Police Chief. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. (Doc. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. (Doc. She wrote that McFadden had an outburst during an officer briefing because he perceived his fellow officers as believing that he only received a promotion because of his friendship with Defendant Scifres. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. See generally Connick, 461 U.S. at 163. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." In a proposal from Washington, D.C.-based CPSM to Roswell dated Aug. 6, the consulting firm writes, We understand that the police department is currently suffering from a series of incidents which have raised questions about the professionalism and culture of the agency.. (Doc. (quotation omitted). 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. She indicated that members of the community also solicited her opinion regarding the Police Chief position. More Roswell news:Police Chief Donna Patterson is the boss. His last day was Nov. 26. 57 at 14). The two represented the entire village force. A copy of the article was not provided to the Court, and therefore its substance is unknown. The Tenth Circuit further noted that, while "public officials should be receptive to constructive criticism offered by their employees, the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs." It has been my pleasure to work with each of you over the last six years," Grant said in a statement from the Roswell Police Department. 52 at 4; Doc. 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. 57 at 2). 52 at 10; Doc. 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. 52-1 at 37:12-22). The Brooklyn Center officer, Kim. 2005). THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 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