Policy and Ethics
archie0210
Chap.10.KaylaCurryCaseStudy.pptxCase Study: Chapter 10 Boss, We’ve got a problem
By Kayla Curry
Background
Charlie Upton was the most beloved citizen of the close knit village of Summit. Everyone knew and respected Charlie. As a 17 year veteran of the police department, he was valued and admired for his unyielding care for the community. Charlie Upton gained acclaim for his heavy involvement in youth activities. He coached the boys pee-wee football team to victory in back to back seasons. He was known to get passionate about a bad call by referees. Coach Upton cared so much for his team, he generously offered to reward the team with a trip to Disney World. The man was even President of the local school board at one time. The highlight of the Christmas season was when he would dress up as a convincing Santa Claus for all of Summit’s children and visit the elementary schools.
Cont.
Charlie Upton’s popularity within Summit was unparalleled. Upton was known to rub shoulders with the Village’s elite. Primarily Village Administrator Tim Bell, whose son was star quarterback of Upton’s pee-wee team, and his own boss Police Chief Martin Owens. It was safe to say, nobody was expecting the coming scandal that would forever shake the community of Summit.
When Chief Martin Owens first heard the news, he decided to run straight to Administrator Tim Bell for direction. Highly unsettled, together they came up with a plan to combat the coming storm.
Cont.
Chief Owens and Administrator Bell called Charlie Upton into the Chief’s office and demanded an explanation to the allegations brought against him. A 12 year old boy who was being treated by a social worker for emotional problems, claimed that he had been sexual molested by none other than the Department’s beloved Charlie Upton.
When confronted with the accusations Upton replied simply, “well, there goes 17 years of police work down the drain.” Taking Upton’s non-denial as admission of guilt, Bell furiously demands he surrenders his badge and places him on unpaid leave on the spot. An outside agency would handle a 3 week investigation into the charges and in the meantime nobody outside of those three parties would know why Charlie Upton was being investigated.
Cont.
The investigation was completed and Upton was charged with criminal sexual conduct with a minor. He was immediately terminated. Against legal advice Administrator Bell refused to pay Upton’s separation pay of $26,000 in unused vacation time and sick leave.
From that point, the Village of Summit turned into a political circus:
Anticipating tough questions, Bell and Owens crafted their responses ahead of time
Pending public announcement Administrator Bell held a closed door meeting with the Council informing them that the Officer in charge of youth offenses was a child molester
Three of the Council members didn’t believe Upton would do such a thing and demanded Bell put him back in a uniform and on the streets
When the public was made aware they went into a frenzy. Most believed Charlie Upton was innocent and the Police Chief and Administrator Bell framed him because they were jealous of his popularity.
Charlie Upton plead no contest to charges and served 2 years probation
The Ethical Issue
Is it ethical to fire someone with little to no due process, if it was thought that they did something terrible?
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Secondary issues
Was it ethical that the Charlie Upton case was treated as a political show by the lawmakers and citizens of Summit, rather than a criminal investigation into the allegations?
Was it right for the Council members to demand Upton’s reinstatement based solely on the fact that they thought he was a good guy?
Was it ethical for Administrator Tim Bell and Chief Martin Owens to ignore their conflict of interest when persecuting Charlie Upton?
| Stakeholder | Perspective |
| Charlie Upton | Disappointed all his hard work on the Police Force has come to nothing. Feels he earned his unused sick and vacation time money. |
| Administrator Tim Bell | He is angry and very disappointed in Charlie Upton. He would rather be sued than pay money out to a charged child molester. Probably feels relieved he didn’t let Upton take the football team on the trip to Disney World. |
| Chief Martin Owens | Anxious and worried Summit citizens have lost faith in the police department due to the scandal. Wants the situation over as quickly and cleanly as possible. Very disappointed in his former friend and employee Charlie Upton. |
| 12 Year Old Accuser | Suffering from emotional and sexual abuse. Wants some sort of justice for his attacker. |
| Village Council Members | All members are upset that they weren't informed of the situation earlier. They have mixed feelings about Upton. Some wanted him reinstated and some want to wait for a court to decide on guilt. |
Stakeholders and Perspectives
Stakeholders and Perspectives Cont.
| Mark Hammond | School Superintendent whose on camera response to the crisis was “the victim was not enrolled here and, therefore, none of our concern.” Before the scandal he and Upton were friends as they served on the school board together. |
| Village Finance Director | She argues that the Village should pay Upton his separation pay as it is required legally, contractually, and ethically. She is very concerned that Charlie Upton is going to sue the Village for illegal withholding of wages. |
| Summit Citizens | Mixed feelings. Most are upset that Charlie Upton’s name has been slandered and they feel that the accuser is lying and that Charlie is a good guy. |
| Outside Investigation Agency | Role is to stay impartial and complete the investigation.. |
history
Similar Cases:
The City of Clearwater terminated Clearwater Fire Chief Jamie Geer on Dec. 13, immediately following his arrest by the Florida Department of Law Enforcement for capital sexual battery. Very limited due process
Did Anyone Ever Sue For Their job or Unpaid Wages?
Krieger v. Florida Fish And Wildlife Conservation Commission. Former law enforcement officer sued for wrongful termination. Mr. Krieger Claims termination was not an appropriate remedy under the fish and wildlife commission's regulations. Krieger lost the case.
Park v. City Of West Melbourne, Florida. Former Police Officer seeking reinstatement and back pay. Employee was fired for providing false testimony after lying about calling a psychic hotline using department resources. In this case a pre-termination meeting was held.
Defamed but Retained Public Employees:
The Miami Herald claims Florida agencies have a long history of relocating abusive officers instead of firing them using 310 sexual harassment suit payouts totaling over 11 million by state agencies as evidence.
laws
Legally Required Due Process in The State of Florida
Employer Rights:
At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason without warning and without having to establish “just cause,” as long as the reason is not illegal.
Right to work state
Employee Rights:
In certain cases, employees are afforded protections under law. Unionized? In this case no.
Florida statue 448.102 protects employees against retaliatory personnel action in situations if any activity, policy, or practice of the employer is in violation of a law.
Fair Labor Standards Act of 1938 is originally a federal piece of new deal legislation that established basic employee rights in this country. This act provided the basic framework for employee rights.
Florida statue 448.103 Procedural due process gives public employees, who have a property interest (i.e. a legitimate claim of entitlement under state law to a job) in their employment, a meaningful opportunity to be heard prior to termination.
My Expert
Jewel White
Current Pinellas County Attorney
The County Attorney serves as the Chief Legal Counsel to Pinellas County government and the majority of constitutional offices
She is an expert in local government law with over 20 years of experience
Sworn in 2017 as President of the Florida Bar Foundation; a statewide 501(c)(3) public charity that provides funding for legal aid and improvements in the administration of justice
Expert opinion
In Pinellas County, legislation in the 1960’s-1970’s set up the framework for a civil service system that gives due process rights to County employees.
These rights are specifically for public employees that are classified service members
Two Types Of Employee Identification:
Classified service member
Exempt
When Are Public Employees Entitled to Due Process Hearings?
Pre and Post Termination Hearings
Post hearing is more important legally
Pinellas County Has Unified Personnel Board Policies: Policy #10- Discipline Policy
Coaching and counseling are methods for confronting an employee about a problem.
If counseling fails or an incident occurs which is serious enough to warrant a formal step of discipline, the supervisor has several options:
(1)Verbal Warning (2) Written Warning (3) Suspension (4) Pay Reduction (5) Demotion (6) Dismissal
My recommendation
What Should Have Happened?
Although Administrator Bell was within his rights legally to demand Upton relinquish his gun and badge while placing him on unpaid leave upon hearing the allegations, the more ethical thing to do was to either place him on paid leave or desk work without removing him from the force pending the outcome of the investigation.
Lessons Learned
As the charges have not be proven to be true or false, at the time, Upton deserved the benefit of the doubt by Chief Owens and Administrator Bell. Our legal system is built upon the principle “innocent until proven guilty.”
Ethics and duty should outweigh friendship.
In civilized life, law floats in a sea of ethics. ~Earl Warren
Answering Main Issue
I was always told growing up that it’s not about what you think, it’s about what you know to be true. In my opinion, it is not ethical to fire someone with improper due process if it was thought that they did something bad. The person with the highest authority in the situation has a moral obligation to seek the truth; instead of having a knee jerk reaction.
WORKS CITED
Ballman, Donna M. “You’ve Been Fired – What Can You Do About it Under Florida Law?” Donna M. Ballman, P.A, 3 Mar. 2018, https://www.ballmanfirm.com/youve-been-fired-what-can-you-do-about-it-under-florida-law.html
Byron D. Park v. City of West Melbourne, Florida. Fifth District Court Of Appeal Of The State of Florida. Case No. 5D05-2226. Web. 27 Feb. 2006.
Douglas Krieger V. Florida Fish and Wildlife Conservation Commission. No. 3D16–2312. Web. 31 May. 2017
FLA. STAT. §448.102 (2018)
“Fair Labor Standards Act (FLSA).” State Human Resources, Office of Financial Management, 2017, https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa
Gregory, James. “Clearwater fire chief fired after arrest.” Tampa Bay Newspapers, tbnweekly, 12 Dec. 2010, https://www.tbnweekly.com/clearwater_beacon/article_f69777f1-4c5a-579a-9b9a-1561db250598.html
“GUIDE to The Sunshine Amendment and CODE of ETHICS for Public Officers and Employees.” Florida Commission on Ethics, 2019, http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf?cp=2019314
Works Cited Cont.
Humphrey, Joanne. “Pre and Post Termination Hearings: When Public Employees are Entitled to Due Process Hearings.” American Society for Public Administration, PA Times, 28 May. 2017, https://patimes.org/pre-post-termination-hearings-public-employees-entitled-due-process-hearings/
Nelson, Claud. “Attorney Jewel White takes office as president of The Florida Bar Foundation board.” The Florida Bar Foundation, 19 Apr. 2017, https://thefloridabarfoundation.org/attorney-jewel-white-takes-office-as-president-of-the-florida-bar-foundation/
Klaus, Mary Ellen. “How a little-known 1997 sexual harassment case may serve as a warning to the Senate.” Miami Herald, Tallahassee Bureau, 28 Nov. 2017, https://www.miamiherald.com/news/politics-government/state-politics/article186873578.html#storylink=cpy
“Personnel Rules / Policies / Procedures / Guidelines.” Pinellas County Government, Human Resources, 1 Jan. 2016, http://www.pinellascounty.org/hr/rules/pdf/rule-6.pdf
Stern, Nate. “Defamed but Retained Public Employees: Addressing a Gap in Due Process Jurisprudence.” Holstra Law Review, vol. 31, no. 3, Nov. 2003, pp. 1-4, https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2219&context=hlr
“Unified Personnel Board Policy #10.” Pinellas County Government, Human Resources, 1 Jan. 2016, http://www.pinellascounty.org/hr/policies/pdf/UPS10-discipline.pdf
