Two San Bernadino police sergeants, Michael Desrochers and Steven Lowes, filed retaliation claims alleging that they were demoted as a result of their criticisms of their supervisor, Lt. Mitchal Kimball. The city claimed it transferred Desrochers because of a botched investigation and Lowes for disobeying orders and endangering a suspect in custody. Desrochers and Lowes had filed a grievance against Kimball, describing him as a “very autocratic, controlling and critical supervisor.” Their initial informal complaint was voiced to Capt. Frank Mankin. According to Desrochers and Lowes, their initial grievance was largely ignored by the city, and they subsequently filed a formal grievance against Kimball, Mankin, and Police Chief Michael Billdt. After their formal grievance was dismissed, Desrochers and Lowes filed a complaint in federal court.
The trial judge dismissed their First Amendment retaliation claim, saying their speech did not address matters of public concern. On appeal, the Ninth Circuit affirmed the ruling, stating as follows:
[T]he plain language of the grievances does not ‘directly address police competence, but rather indicates that Desrochers and Lowes were involved in a personality dispute centered on Kimball’s management style. The speech in question is largely devoid of reference to matters we have deemed to be of public concern.
Judge Wardlaw dissented from the majority, arguing that “[i]ssues of performance, discipline, and morale in public safety organizations are especially matters of public concern, given the direct impact of such entities on the well-being of the public.”
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My managerial experience supports the good judge here. When I’m paying someone to do a job, liking my leadership style or me as a person is not required. And if you’re talking about me above *my* head to my boss – your days are numbered If I can do anything about it. Now unless I want to sit in a room by myself, I’d better either pay really well or be of good cheer. :)
These two cops didn’t navigate successfully a likely toxic work environment, and now they’re prolly labeled whiners or trouble makers. But at the end of the day, what ever comes out of an employees mouth when they’re on the clock can and will be used against them – if you’ll forgive the phrase here. :p
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