Court Denies Officer Reinstatement Due to History of Sexual Harassment
In the case of City of Ansonia v. Stanley, the City of Ansonia (Connecticut) filed an application under Connecticut law to vacate an arbitration award entered in favor of a police officer. The police officer filed an answer to the City’s application and a cross-application to confirm the award, which arose from the officer’s termination from employment due to allegations of sexual misconduct.
A police officer was charged with misconduct, and a board of police commissioners (BPC) held a disciplinary hearing and concluded that there was just cause to terminate the officer’s employment. The officer filed a grievance against the City of Ansonia, and the officer and City submitted the grievance to arbitration. The grievance was heard by a panel of arbitrators, and the panel found irregularities in the procedure that was used during the disciplinary hearing and ordered the City to reinstate the officer without back pay.
The superior court held that (1) although the City sought to vacate the arbitration award on statutory grounds, its challenge implicated only public policy, which was a common-law ground for vacating an award; and (2) even though there may have been procedural irregularities during the BPC’s hearing, the evidence supported the BPC’s findings that the officer engaged in sexual harassment and misconduct while performing his duties, and it would be against public policy to return him to duty.The court denied the police officer’s application to confirm the arbitrators’ award, and granted the City’s application to vacate the award.
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
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Source: City of Ansonia v. Stanley, 48 Conn. Supp. 574, 2004 Conn. Super. LEXIS 1265, 854 A.2d 101 (Conn. Super. Ct. 2004)
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