 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Pinal County v. Pinal County Employee Merit System Commission7/25/2005
The Pinal County Sheriff's Department (PCSD) terminated appellee Richard Serb's employment as a PCSD detention officer after he assaulted a fully restrained inmate. Serb appealed to the Pinal County Employee Merit System Commission ("Commission") pursuant to A.R.S. § 11-356(B). After an evidentiary hearing, the Commission overturned PCSD's termination decision, without imposing any other disciplinary measure, and granted Serb's request for reinstatement with full back pay and benefits. PCSD then filed this action for judicial review. See A.R.S. §§ 11-356(D), 12-901 to 12-914. Based on its administrative review of the record, the superior court affirmed the Commission's decision and awarded attorney fees to Serb. On appeal, appellant Pinal County argues the Commission erred in revoking PCSD's disciplinary action. We agree and, therefore, reverse the decisions of the superior court and the Commission.
BACKGROUND
See Rios Moreno v. Ariz. Dep't of Econ. Sec., 178 Ariz. 365, 367, 873 P.2d 703, 705 (App. 1994). In August 2002, Serb was on duty in the Pinal County Jail when he observed an inmate sliding a note under the door of a cell. When Serb ordered him to stop, the inmate cursed at him, walked to another cell, and slid another note under the door. Serb then ordered the inmate to "lock down" by returning to his cell and closing the door. The inmate again cursed at Serb, who repeated the order to "lock down." The inmate then started walking away from his cell, so Serb left his desk to meet him. The inmate continued cursing but returned to his cell and slammed the door closed "so hard that it popped back open."
Serb entered the cell, and the inmate took "an aggressive stance." Serb placed him in handcuffs, took him to the "attorney booth," and went back to check on the rest of the unit. While in the "attorney booth," the inmate kicked and banged on the door and was "verbally abusive" to officers walking past. When Serb and another officer went in to talk to the inmate, he continued his "verbal abuse." The inmate again made an "aggressive move," and the officers restrained him. They took the inmate to the "multi purpose room" and put him in a "restraint chair," leaving one hand free.
Another officer later reported to Serb that the inmate had removed some screws from a nearby electrical outlet. Serb and his sergeant went to the room, took the screws from the inmate, and restrained his other hand. Serb told the inmate he would be charged with destruction of property, and the inmate continued cursing at Serb. Serb then told the inmate, "You are not very smart, are you?" The inmate responded, "Well, you are not either." Serb replied, "Yeah, but the difference between me and you is I go home everyday." The inmate then said, "You're going home to that f b wife of yours." Serb then slapped the inmate across the face while he was still in full restraints. According to another officer who witnessed the incident, Serb walked out the door of the room, "put his hands up on the wall for a couple seconds, turned, walked back into the room." He then removed either his duty belt or "belt keeper," threw it down, and stated, "Let this mother f * out of the chair and see how bad he really is."
Serb's sergeant ordered him out of the room, and shortly thereafter Serb reported to his superiors the fact that he had struck the inmate. Serb testified that the inmate's comment about his wife had "hit the wrong button at that moment in time" because she had significant health problems and on " hat particular day was worried about her." After an internal affairs investigation, PCSD charged Serb with violations of the Pinal County Employee Uniform Merit Rules an
Page 1 2 3 4 5 Arizona Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|