City: Arbitrator erred in cop case

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   In 2008, Kim Robinson was suspended for one day after an internal investigation found she was negligent in her duties as the property room officer.

Robinson’s responsibilities included logging and keeping track of evidence — such as money, drugs and guns — and disposing of it properly. The investigation by the Middletown Division of Police found dozens of mistakes attributed to Robinson.
Robinson and the Fraternal Order of Police Local No. 36 argued she was not fairly punished because disciplinary action was taken some seven months after she changed jobs. An arbitrator agreed, so the city took the case to Butler County Common Pleas Court.
On Friday came a brief hearing attended by Robinson and Middletown police Chief Greg Schwarber as well as Assistant Middletown Law Director Sara Mills. Attorney Kimberly Rutowski represented the FOP.
Mills said the arbitrator ignored state law and the city’s FOP contract when he ruled against how the officer was disciplined last year. “The findings are without rational support,” she said.
“He stepped outside his bounds,” when he “obliterated” discipline despite three policy violations, Mills said, asking Judge Andrew Nastoff to set aside the arbitration.
Rutowski argued the arbitrator acted within bounds, noting that Robinson worked in the property room for seven years and received good evaluations.
The arbitrator determined performance-related issues should be dealt with in evaluations and the discipline Robinson received was not given for just cause, Rutowski said.
Nastoff said he would issue a written ruling, but he did not say when he would render his decision.

I wonder how much this 1 day is costing the city in Attorney fees, court costs and man hours.

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rngrmed Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Citizen Joined: May 06 2009 Location: Middletown Status: Offline Points: 309	Post Options Post Reply Quote rngrmed Report Post Thanks(0) Quote Reply Topic: City: Arbitrator erred in cop case Posted: Dec 19 2009 at 8:33pm
	In 2008, Kim Robinson was suspended for one day after an internal investigation found she was negligent in her duties as the property room officer. Robinson’s responsibilities included logging and keeping track of evidence — such as money, drugs and guns — and disposing of it properly. The investigation by the Middletown Division of Police found dozens of mistakes attributed to Robinson. Robinson and the Fraternal Order of Police Local No. 36 argued she was not fairly punished because disciplinary action was taken some seven months after she changed jobs. An arbitrator agreed, so the city took the case to Butler County Common Pleas Court. On Friday came a brief hearing attended by Robinson and Middletown police Chief Greg Schwarber as well as Assistant Middletown Law Director Sara Mills. Attorney Kimberly Rutowski represented the FOP. Mills said the arbitrator ignored state law and the city’s FOP contract when he ruled against how the officer was disciplined last year. “The findings are without rational support,” she said. “He stepped outside his bounds,” when he “obliterated” discipline despite three policy violations, Mills said, asking Judge Andrew Nastoff to set aside the arbitration. Rutowski argued the arbitrator acted within bounds, noting that Robinson worked in the property room for seven years and received good evaluations. The arbitrator determined performance-related issues should be dealt with in evaluations and the discipline Robinson received was not given for just cause, Rutowski said. Nastoff said he would issue a written ruling, but he did not say when he would render his decision. I wonder how much this 1 day is costing the city in Attorney fees, court costs and man hours.

spiderjohn Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Jul 01 2007 Location: United States Status: Offline Points: 2749	Post Options Post Reply Quote spiderjohn Report Post Thanks(0) Quote Reply Posted: Dec 20 2009 at 1:44pm
	IMO the city seriously erred by waiting 7 months after the "incident" to discipline this employee. No negative evaluations won't help their case either. I can't see the city winning this one.

lrisner Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Citizen Joined: May 26 2009 Status: Offline Points: 330	Post Options Post Reply Quote lrisner Report Post Thanks(0) Quote Reply Posted: Dec 20 2009 at 11:26pm
	From my Labor Relations experience, I have learned that in delayed Discipline matters the issue is usually something other than what the Discipline is listed for. i.e. The Person in question has some "error" and after looking at it, Management makes a subjective decision that no discipline is needed. Later when the Employee refuses to "play ball" on some other Issue, they then retroactively decide the previous "error" was in fact NOW a terrible occurrence. Usually nothing more than payback.