Arbitrator reduces suspension of officer involved in Tamir Rice shooting

By John H Curley on July 29, 2018

Arbitrator Daniel Zeiser has issued an award reducing a ten day suspension to five days for a police officer for conduct related to the shooting of Tamir Rice. Cleveland Police Patrolmen’s Association and City of Cleveland. The grievant was not the officer who shot Rice, and the discipline did not involve the shooting directly. Arbitrator Zeiser noted specifically:

The Arbitrator believes it is important to note that the discipline and this grievance, while they stem from the tragic shooting of Tamir Rice, are not based on the actual fatal shooting. That is to say, the Grievant was not disciplined for any use of force that resulted in Tamir Rice’s death. The use of force issue was determined by the Cuyahoga County Grand Jury and Prosecutor. The discipline in question here was set forth in the three charging letters:

Specification #1: On November 22, 2014, you…did not employ proper tactics when you operated the zone car up to what was reported to be an armed suspect thereby violating the Policy of General Police Order 2.1.01.

Specification #2: On November 22, 2014, you… Failed to report your arrival time to the radio dispatcher immediately upon arriving at the location of your radio assignment. (JX 5-7).

Simply put, the Grievant was suspended for using improper tactics and not reporting his and Loehmann’s arrival at Cudell. The issue for the Arbitrator is whether the Employer proved it had just cause for the 10 day suspension.

After addressing, and rejecting, procedural and timeliness objections by the City, the Arbitrator found that the City had established the facts alleged in the specifications and concluded that there was just cause for discipline. He found that grievant was aware that the situation he approached was not an active shooter one and he should have waited for back up to arrive. Additionally the arbitrator found that there was a reasonable basis for the City’s claim that grievant had pulled his vehicle too close to the scene. However, he also concluded that these offenses did not fail within the type of offense that fell within Category III of the City’s disciplinary matrix, which provided for a minimum of a ten day suspension. Observing that “employing improper tactics, while not as serious as the conduct listed in Group III, is more than a minor violation and warrants more than a warning.” Accordingly, he reduced tie suspension from ten to five days.