Reference no: EM133210626
Assignment - Public Employee Speech Responses
TITLE AND CITATION - Skaarup v. N. Las Vegas, 320 F.3d 1040 (9th Cir. 2003)
TYPE OF ACTION - The United States Court of Appeals confirmed a lowers court decision to grant the city of Las Vegas's motion for summary judgment regarding privately made derogatory statements about the firefighter's union and deputy city manager.
FACTS OF THE CASE - Elmer Skaarup, the Las Vegas Chief Fire Marshall, was made aware that multiple fire inspection positions within the fire department would be eliminated in December of 1997. A total of five positions were affected by the change; two were being eliminated, which were held by Mary Griego. After Mary was made aware of the transfer, she contacted Chief Skaarup in desperation after learning that her salary would be substantially lower as a result of being reassigned to the city's planning department. After Chief Skaarup was made aware of the changes and contacted his supervisor, Fire Chief Michael Massey, to inquire as to why she was being transferred. Chief Massey was unaware of any change and suggested that the City Management and IAFF 1607 (union) may have effected a deal. Chief Massey noted that the inspector position was being eliminated by Deputy City Manager Patrick, who has demonstrated a pattern of certain treatment towards his employees and matters regarding the Union board.
Chief Skaarup requested to speak with Captain Stephanie Wuthrich and Engineer Terri Tarbett regarding the situation; the meetings were held separately. Due to neither individual being directly in his unit, he discussed his frustration and briefly voiced his concerns to both individuals. Chief Skaarup stated that the Deputy City Manager had a common trend for the termination of women over forty who were single heads of households. Wuthrich and Tarbett sent memos to the Deputy City Manager regarding the concertation they had with Chief Skaarup, to which he was charged with violation of the Fire Department's Rules and Conduct. After the investigation, the new Fire Chief, Robert Doge, sustained the charges against Chief Skaarup, to which he was suspended without pay for eight days. Chief Skaarup chose not to appeal the suspension but filed a federal case.
On April 7th, 1999, Under the supervision and authority of the City Council, an independent audit was conducted throughout the city departments. Ralph Anderson & Associates finalized their report on October 5th, 1999, which recommended a reorganization of several departments, dissolving positions, and reallocating the Fire Departments' resources. In addition to those suggestions, changing the title of the Fire Marshall to Fire Inspector.