Articles

By Bob Gorsky
Reprinted from “The Shield,” the official publication
of the Dallas Police Association
October/November 2006

BUSY MONTH IN SEPTEMBER

September was a successful month for a number of members who had been appealing termination.  Four returned to work:

• A sergeant, fired in June after an email transmission, was first reinstated with full back pay and benefits after the department failed to comply with the requirements of the Texas Government Code by failing to give him a written complaint prior to dismissal.  Just prior to the sergeant’s appeal hearing, Chief Kunkle reinstated him so that the proper notice could be given but the case was resolved when Chief Kunkle imposed a thirty-day suspension rather than termination.  The “second” disciplinary action was more in line with reasonable discipline.  Bob Gorsky represented the member.
• A police officer was reinstated with full back pay and benefits just before his appeal hearing.  He had been terminated in 2005 after being charged with assault.  He was acquitted by a Tarrant County jury last spring.  Bob Gorsky represented the member at the administrative level.
• A detective was acquitted by a Dallas County Grand Jury (after ten minutes of deliberation) and promptly reinstated with full back pay and benefits.  He had been fired upon indictment.  John Haring represented the member in both cases.
• An officer fired as a result of allegations of failing to perform his duty satisfactorily was reinstated to the police department as a public service officer, as he requested.  Phil Burleson, Jr. represented the member.

In addition to the “email” case noted above, the other terminations were issued in June when Chief Kunkle fired twelve officers over a two-week period are working their way through the appeal process.  The first step of the appeal process is a hearing before an assistant city manager and most of those hearings have begun.  At publication time decisions had not been received in any of those cases.  If the officers are not reinstated, the next appeal will be to the Civil Service Board.

______________________________________________________________

Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 214/965-0090, website: lyongorsky.com or email Bob at bgorsky@swbell.net.