Discipline of Public Safety Employees

Earl C. Mauldin

Franklin University

PSMT 440

Discipline of Public Safety Employees

25 May 2014

Officer Johnson's firing violates the collective bargaining agreement between Paradise Police and its police union. Johnson was fired based on his being on probation and not for reasons related to Johnson's performance. Just prior to Johnson's termination, he was involved in two questionable events which, the union believes, may have played a role in his employment status.  Johnson was ordered to violate the law when his supervisor, Sergeant Murphy, attempted to provoke Johnson to summons an individual whose offense was one where an arrest should have been made.  Secondly, the chief received a unmarked package with Johnson being photographed on off duty time. Also, Johnson did not get a hearing before the chief, in accordance to the department work rules he received when he completed the training program. The rules specify that all allegations will be investigated and the employee will receive a hearing. Finally, Johnson had not been disciplined during the nine months he has been with the department.

The probation provision to terminate Johnson, has been improperly used. The probation clause does not absolve Paradise of the duty to treat probationary employees fairly, prior to termination (Garrun, 2009). Although Johnson was aware of being on probation, he was also aware of rules specifying any allegations against him, would be investigated and the he would receive a hearing before the chief. This did not happen in Johnson's case. Since Johnson is a bargaining unit employee he was also aware of his right to appeal the chief's decision to the Civil Service Commission or take the case to arbitration.

Two events occurring just prior to Johnson termination involved non-displinary responses to Johnson's actions. Johnson was the officer dispatched to a traffic accident and discovered that the at-fault driver (Jenkins) was family to the shift sergeant....