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Joined: Jan 2006
Posts: 69,383 Likes: 3
Campfire Kahuna
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OP
Campfire Kahuna
Joined: Jan 2006
Posts: 69,383 Likes: 3 |
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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Joined: Dec 2018
Posts: 1,377
Campfire Regular
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Campfire Regular
Joined: Dec 2018
Posts: 1,377 |
The "Union" strikes again.
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Joined: Oct 2006
Posts: 24,384 Likes: 3
Campfire Ranger
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Campfire Ranger
Joined: Oct 2006
Posts: 24,384 Likes: 3 |
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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Joined: Mar 2002
Posts: 11,504
Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2002
Posts: 11,504 |
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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Joined: Apr 2011
Posts: 151,622 Likes: 11
Campfire Savant
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Campfire Savant
Joined: Apr 2011
Posts: 151,622 Likes: 11 |
Unions have a lot of power in some places.
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Joined: Jan 2012
Posts: 45,028 Likes: 25
Campfire 'Bwana
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Campfire 'Bwana
Joined: Jan 2012
Posts: 45,028 Likes: 25 |
What a bunch of B.S......
FUGGING COWARD......
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Joined: Dec 2002
Posts: 14,225 Likes: 1
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2002
Posts: 14,225 Likes: 1 |
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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Joined: Oct 2004
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Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,558 Likes: 17 |
Does anyone know how the union's agreement with the department is worded?
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
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.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Oct 2004
Posts: 26,558 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,558 Likes: 17 |
"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.
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Joined: Aug 2004
Posts: 69,648 Likes: 12
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,648 Likes: 12 |
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.
Molɔ̀ːn Labé Skýla!
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Joined: Jun 2019
Posts: 9,924 Likes: 1
Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2019
Posts: 9,924 Likes: 1 |
Put him back on the street- - - - -he's a better target there. Jerry
Ignorance can be fixed. Stupid is forever!
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Joined: Nov 2007
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2007
Posts: 29,645 Likes: 5 |
"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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Joined: Oct 2004
Posts: 26,558 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,558 Likes: 17 |
"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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Joined: May 2002
Posts: 10,638
Campfire Outfitter
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Campfire Outfitter
Joined: May 2002
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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
Stupidity has its way, while its cousin, evil, runs rampant.
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Joined: Nov 2010
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Nov 2010
Posts: 37,132 Likes: 1 |
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
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Joined: Dec 2013
Posts: 44,356 Likes: 7
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2013
Posts: 44,356 Likes: 7 |
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. GOA member disappointed NRA member 24HCF SEARCH
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Joined: Dec 2013
Posts: 44,356 Likes: 7
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2013
Posts: 44,356 Likes: 7 |
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. GOA member disappointed NRA member 24HCF SEARCH
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Joined: Nov 2007
Posts: 29,645 Likes: 5
Campfire Ranger
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Campfire Ranger
Joined: Nov 2007
Posts: 29,645 Likes: 5 |
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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Joined: Sep 2005
Posts: 2,980
Campfire Regular
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Campfire Regular
Joined: Sep 2005
Posts: 2,980 |
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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