Dfs Police Officers Fired In 2015 Exonerated

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DeFuniak Springs Police Sgt. Anthony Kaiser and officer Rick Boblitt who were fired in June 2015 for the racial harassment of a fellow officer have been completely exonerated in a binding agreement between the City of Defuniak Springs and the American Arbitration Association, a labor arbitration company mutually accepted by the City and the Florida Police Benevolent Association, Inc. representing the employees. In Sep 2015 the City of Defuniak upheld the decision to fire them at at an appeals hearing.

In Jan 2017 after months of mediation, arbitration, testimony and statements, in a 3 to 2 vote, the City Council voted to offer Kaiser reinstatement to his position, reinstatement of all benefits (including retirement) and half of his back-pay in exchange not to pursue further legal action against the city. City Marshal Mark Weeks said Kaiser rejected the offer a few days later.

In the decision received by Clayton Adkinson yesterday, both officers have been exonerated!

 

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Here are some highlights from the American Arbitration Association.

The decision is available via a public information request. cityclerk@defuniaksprings.net

 

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Thanks Tom McLaughlin. Great Story and pretty much what I read in the file.

Fired police officers to be reinstated

Two years after they were fired for alleged harassment of another police officer, DeFuniak Springs police officers Anthony Kaiser and Rick Bobblitt have been ordered reinstated.

In a report highly critical of the officer who lodged racial discrimination charges against Bobblitt and accused Kaiser of failing as a supervisor to take action, labor arbitrator Jeanne Charles Wood ordered immediate reinstatement with back pay and benefits.

“The record evidence shows that the termination of grievants Boblitt and Kaiser were not for just cause,” Wood wrote in her order. “The penalty of termination is beyond the bounds of reasonableness and is hereby reversed.”

Wood did not completely absolve Bobblitt or Kaiser, who was a sergeant at the time of his June 2, 2015, firing.

She acknowledged that Bobblitt “violated work rules regarding the use of verbal conduct directed at or based upon another person’s race or national origin,” and Kaiser “failed to take corrective action upon witnessing such conduct.” She ordered the personnel files of both men reflect service of a five-day suspension for their actions.

In her 31-page ruling handed down Monday, Wood saved her most scathing criticism for Chuwan Boros, the Korean officer who brought the charges that led to the terminations.

She also raised questions about the “disparate treatment in the manner in which discipline has been meted out” by City Marshall Mark Weeks, and raised questions as to whether politics had entered into Weeks’ decision to fire Bobblitt and Kaiser.

Weeks did not return a phone call seeking comment.

 

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PDF File

 

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Arbitration Matters


Covering current developments in labor arbitration

Monday, June 26, 2017
Jeanne Charles Wood for resolution.

Largely based on her credibility resolutions and her evaluation of the evidence against the grievants, Arbitrator Wood found the termination of the two not supported by just cause. Regarding the Union's claim that that the terminations were part of a "conspiracy" relating to the reelection of the Chief, and the City's claim that the terminations were compelled by its obligations under Title VII, the Arbitrator noted:

So, the question remains: Why would [the complaining officer] file the complaint when he did? The Union contends that it was part of a conspiracy relating to the election of Chief Weeks whose opponent was supported by the Union. I make no findings regarding this theory. It is, however, concluded that based on the totality of the circumstances present here, Boblitt's comments were not so severe or pervasive too alter the terms and conditions of [the complaining officer's] employment. That being the case, the City has failed to prove that Boblitt engaged in unlawful racial harassment in violation of Title VII. It follows then that Kaiser, was not negligent in failing to report or take corrective action in connection with racially discriminatory harassment in violation of Title VII.

Arbitrator Woods did find, however, that certain conduct of the grievants was contrary to Department policy, even if not severe enough to constitute unlawful harassment. Observing that police officers are held to a higher standard than other employees, and that "use of potentially racially offensive language and clearly inappropriate name calling in reference to a co-worker's national origin is serious enough to warrant a suspension." Reducing the terminations to five day suspensions, Arbitrator Wood noted:

Progressive discipline is an element of the just cause doctrine. The rationale for using a progressive discipline system is that both the employer and the employee "benefit when an employee can be rehabilitated and retained as a productive member of the work force. ..." [footnote omitted]

Finding no evidence that grievants' conduct could not be corrected by discipline less than termination, and also finding some evidence of disparate treatment, Arbitrator Wood ordered that grievants be reinstated subject to the five day suspensions.

Arbitrator Wood's award can be found here.

About the Author John H Curley is an arbitrator and mediator based in Mt Pleasant, SC, Emerson, NJ and East Lyme , CT. I can be reached at jcurleyarb@aol.com. Since 2011 I have been a full time neutral. Before that I was a labor attorney for AT&T and a field attorney at the NLRB. I'm on the AAA Labor Panel and the FINRA panel of arbitrators and a Fellow of the College of Labor and Employment Lawyers (inducted 2105). I'm admitted to the bar in New Jersey, Texas and California (inactive) Follow me on twitter @JohnHCurley I follow a number of blogs. I do this to stay current, to identify possible areas for further exploration or simply because I am interested. Following a blog is not an endorsement nor does it indicate agreement with its contents. Similarly I follow numerous individuals/organizations on Twitter. Whether I follow someone or they follow me is not an indication of a relationship or support.