Just cause for termination, but City failed to establish discipline was taken within 180 days as required. Employee reinstated
In a case that has received considerable publicity, Arbitrator Don Williams has ordered the reinstatement of a San Antonio police officer the City had dismissed for allegedly leaving a "feces sandwich" in an area where officers were attempting to move several homeless individuals. (here) Grievant had directed some of the individuals to assist in picking up trash scattered in the area. He acknowledged picking up some dog feces using some discarded bread and left it in a discarded food container. He stated he assumed one of the individuals would pick it up and dispose of it. Following an investigation, the Chief decided to terminate the officer's employment, believing that his actions had been an intentional effort to humiliate a homeless man.Arbitrator Hays concluded that even if grievant had not intended to commit "an act to bring reproach or discredit" on himself or the Department, he had in fact done so and that termination would be reasonable.…
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