Incident: Arbitrator’s decision upholds Officer Termination
Location: MIPD
Date/Time of Incident: December 7, 2022 -Arbitration
The City of Marco Island received a favorable decision from Arbitrator Mark Lurie in the John Derrig arbitration. A grievance was filed by former patrol officer John Derrig claiming the City terminated his employment without just cause after determining that he committed a series of improper acts rendering him incapable to continue to serve as a police officer.
Arbitrator Lurie determined that Mr. Derrig’s actions violated the police department’s policies and procedures. Arbitrator Lurie agreed with the City’s contention that Mr. Derrig was insubordinate when he failed to respond to calls for service; that he was untruthful when questioned about his actions; and that he had neglected his job duties during his shift.
Arbitrator Lurie accepted the City’s argument that the investigative process was fair, and that City observed Mr. Derrig’s due process rights. Consequently, the decision to terminate has been upheld.
Arbitrator Lurie also noted the City’s witnesses were credible and, by way of contrast, found that Mr. Derrig’s credibility was greatly harmed by his testimony in both the investigative process as well as during the hearing.
The arbitrator’s decision is available upon public records request.
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