Police Officer Summarily Terminated For Growing Marijuana Reinstated

Matter of City of Buffalo v. Buffalo PBA, ____A.D.3d___(4th Dept. June 5, 2017), demonstrates the importance of following termination procedures set forth in a collective bargaining agreement. The Commissioner summarily terminated a police officer after he learned from federal authorities that this police officer allegedly confessed to  to having operated a marijuana "grow operation" prior to and after his becoming an officer. Significantly, however, the employer did not comply with the procedures set forth in the CBA, which among other things, required a hearing after charges. The court rejected the argument that reinstatement violated public policy, reasoning in part:

 The court properly determined that petitioner's proffered public policy considerations do not preclude the relief granted by the arbitrator. Petitioner's arguments in that regard constitute little more than vague considerations of a general public interest, which are insufficient to support vacatur of the award. . . .Although the underlying facts render the size of the award distasteful—over two years of back pay for a police officer who allegedly confessed to committing crimes both before and after becoming a police officer—"[o]ur [public policy] analysis cannot change because the facts or implications of a case might be disturbing, or because an employee's conduct is particularly reprehensible" (New York State Corr. Officers & Police Benevolent Assn., 94 NY2d at 327). We note, in this instance, that had the due process procedures of the CBA been followed, the likelihood would have been greatly diminished that the officer would have received as large an award for back pay as he did here.