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Campfire Kahuna
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Some will scream. Some will say 'atta boy'. I don't know enough details to comment.

Deputy fired over Parkland school shooting to be reinstated with back pay: reports
By Brie Stimson | Fox News
Fox News Flash top headlines for May 13
A Florida sheriff’s sergeant who lost his job after it was discovered he hid behind his car when a shooter at a high school in Parkland first opened fire will reportedly get his job back with back pay.

Sgt. Brian Miller, of the Broward Sheriff’s Office, was the first supervisor to respond to the 2018 shooting that took the lives of 17 students and staff at Marjory Stoneman Douglas High School, according to the Sun-Sentinel.

An arbitration ruling this week found the sheriff’s office “violated” Miller’s “constitutional due process rights and improperly terminated him,” the BSO Deputies Association, a union that represents deputies and sergeants said, according to the Miami Herald.

Miller will also receive full back pay and get back his seniority. He made more than $137,000 in 2018.

An investigation by the Marjory Stoneman Douglas Public Safety Commission found that although Miller arrived as the first shots were fired, he failed to go into the school and didn’t radio anyone for 10 minutes, The Herald reported.

“Miller failed to coordinate or direct deputies’ actions and did not direct or coordinate an immediate response into the school,” the report said. "Sergeant Miller’s actions were ineffective and he did not properly supervise the scene.”

Miller was one of four sheriff’s deputies, including Edward Eason, Joshua Stambaugh, and Scot Peterson, fired for “neglect of duty” related to the shooting.


“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell

It's not over when you lose. It's over when you quit.

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The "Union" strikes again.

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Originally Posted by RicG
The "Union" strikes again.


PRESIDENT TRUMP 2024/2028 !!!!!!!!!!


Posted by Bristoe
The people wringing their hands over Trump's rhetoric don't know what time it is in America.
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This makes my blood boil.

Unions should be abolished.


Don't blame me. I voted for Trump.

Democrats would burn this country to the ground, if they could rule over the ashes.
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Unions have a lot of power in some places.

IC B2

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What a bunch of B.S......

FUGGING COWARD......

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A coward. He job was to risk his life, enter that building and shoot the bad guy. He hid in the yard while 14 year old children were being slaughtered.
But for many cops, their main goal is "to go home safely to their family at the end of the shift."
This officer achieved his main goal.

And no sense of shame. He is not embarassed that everyone in the county knows him for a coward, he wants that high paying job back.

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Does anyone know how the union's agreement with the department is worded?

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Originally Posted by PaulBarnard
Does anyone know how the union's agreement with the department is worded?


No.

But Sheriff Israel was removed from his seat on the grounds that he failed to train his department properly.

Which is true. Their training was about two decades behind any prominent department.

Once that happened, all discipline (and at least one criminal case) were reviewed and adjusted accordingly. I don't know that, that is the reason this guy has been reinstated but it would not surprise me.


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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"An arbitration ruling this week found the sheriff’s office “violated” Miller’s “constitutional due process rights and improperly terminated him,”

This led me to believe that the termination process didn't follow what is outlined in the agreement.

IC B3

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Originally Posted by deflave
Originally Posted by PaulBarnard
Does anyone know how the union's agreement with the department is worded?


No.

But Sheriff Israel was removed from his seat on the grounds that he failed to train his department properly.

Which is true. Their training was about two decades behind any prominent department.

Once that happened, all discipline (and at least one criminal case) were reviewed and adjusted accordingly. I don't know that, that is the reason this guy has been reinstated but it would not surprise me.



That may be so.

But no amount of training can make up for cowardice.


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Put him back on the street- - - - -he's a better target there.
Jerry


Ignorance can be fixed. Stupid is forever!
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Originally Posted by PaulBarnard
"An arbitration ruling this week found the sheriff’s office “violated” Miller’s “constitutional due process rights and improperly terminated him,”

This led me to believe that the termination process didn't follow what is outlined in the agreement.


Who has constitutional due process rights with regard to termination of employment? If Florida is not an at will state or if they are and there is something in the union contract defining a process that still isn’t constitutional due process.

Weird BS way to put it.

If he was improperly trained by Israel that would seem to me to be the simplest thing to say in a press release.

None of this is to say that a police officer in that situation should keep his job after what he did just critical of the odd way the reason for giving him back his job is stated.

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Originally Posted by efw
Originally Posted by PaulBarnard
"An arbitration ruling this week found the sheriff’s office “violated” Miller’s “constitutional due process rights and improperly terminated him,”

This led me to believe that the termination process didn't follow what is outlined in the agreement.


Who has constitutional due process rights with regard to termination of employment? If Florida is not an at will state or if they are and there is something in the union contract defining a process that still isn’t constitutional due process.

Weird BS way to put it.

If he was improperly trained by Israel that would seem to me to be the simplest thing to say in a press release.

None of this is to say that a police officer in that situation should keep his job after what he did just critical of the odd way the reason for giving him back his job is stated.


My point is that I suspect the people that made the termination decision didn't do so in accordance with the binding agreement between the two parties. I may be wrong on that.

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Originally Posted by efw
Who has constitutional due process rights with regard to termination of employment? If Florida is not an at will state or if they are and there is something in the union contract defining a process that still isn’t constitutional due process.

You are mixing at least two separate legal concepts. Some, but not all, public employees have a property right to their employment which cannot be removed without due process. If management doesn't dot all the i's and cross all the t's, they will lose on appeal. Since this case involved arbitration, it was probably based on a union contract which in turn is subject to the state's public employment laws. These cases don't take place in a vacuum.

Arbitrators have enormous power because, although in theory their decisions may be appealed to a court of law, in practice they are seldom overturned.

I used to work with this stuff. It could be interesting, but it was never fun.

Paul



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Originally Posted by deflave
Originally Posted by PaulBarnard
Does anyone know how the union's agreement with the department is worded?


No.

But Sheriff Israel was removed from his seat on the grounds that he failed to train his department properly.

Which is true. Their training was about two decades behind any prominent department.

Once that happened, all discipline (and at least one criminal case) were reviewed and adjusted accordingly. I don't know that, that is the reason this guy has been reinstated but it would not surprise me.

His defense may be he was following the sheriffs protocol. Seems I remember that being the case.

Still no real defense, armed LEO cowering while kids were being shot. Not many here would have done that regardless of the sheriff.

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Originally Posted by renegade50
What a bunch of B.S......

FUGGING COWARD......





+++++++


Slaves get what they need. Free men get what they want.

Rehabilitation is way overrated.

Orwell wasn't wrong.

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Originally Posted by Dirtfarmer
Originally Posted by deflave
Originally Posted by PaulBarnard
Does anyone know how the union's agreement with the department is worded?


No.

But Sheriff Israel was removed from his seat on the grounds that he failed to train his department properly.

Which is true. Their training was about two decades behind any prominent department.

Once that happened, all discipline (and at least one criminal case) were reviewed and adjusted accordingly. I don't know that, that is the reason this guy has been reinstated but it would not surprise me.

His defense may be he was following the sheriffs protocol. Seems I remember that being the case.

Still no real defense, armed LEO cowering while kids were being shot. Not many here would have done that regardless of the sheriff.

DF





^^^^^^^^


Slaves get what they need. Free men get what they want.

Rehabilitation is way overrated.

Orwell wasn't wrong.

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Both Paul’s thanks!

My question was to do with the wording of the statement quoted in the OP that says constitutional due process. Seems like if it were an arbitration issue or if it were a problem of faulty training of the officer that’d be the reason cited.

I guess I was asking in an unclear way of that statement was muddying the waters?

Even if a person has an arbitrated settlement, a pre-approved process agreed upon between employer and union for settling such things, or isn’t liable due to faulty training, would it be accurate to say they’re restored to their position due to lack of constitutional due process?

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Originally Posted by Dirtfarmer
Originally Posted by deflave
Originally Posted by PaulBarnard
Does anyone know how the union's agreement with the department is worded?


No.

But Sheriff Israel was removed from his seat on the grounds that he failed to train his department properly.

Which is true. Their training was about two decades behind any prominent department.

Once that happened, all discipline (and at least one criminal case) were reviewed and adjusted accordingly. I don't know that, that is the reason this guy has been reinstated but it would not surprise me.

His defense may be he was following the sheriffs protocol. Seems I remember that being the case.

Still no real defense, armed LEO cowering while kids were being shot. Not many here would have done that regardless of the sheriff.

DF



Unless he was afraid the shooter was a jogger in which case, fear of confronting him might have been reasonable given the current political climate.

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