Due Process Violation Arbitration Award.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: Green Bay Professional Police Association, et al., v. City of Green Bay

Case No.: 2021AP102

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Due Process Violation Arbitration Award

The Green Bay Professional Police Association (hereinafter, "the Association") and Andrew Weiss (hereinafter, "Weiss"), appeal a summary judgment granted in favor of the City of Green Bay (hereinafter, "the City"), confirming an arbitration award. The arbitrator concluded that Weiss violated various Green Bay Police Department (hereinafter, "the Department") policies by accessing information contained in confidential Department files without authorization and by leaking that information to third parties outside of the Department. The arbitrator therefore determined that the Department had cause to remove Weiss from his position as detective and assign him to the patrol divisionwhich resulted in Weiss's loss of an eighty-dollar monthly stipend.

The Association argues that the circuit court erred by failing to conclude that Weiss's due process rights were violated by the City taking his property without it having first provided Weiss with notice of all of his claimed Department policy violations. More specifically, the Association asserts that Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985), limits a municipality's ability to impose discipline to only those infractions actually identified in a pre-determination notice and at a pre-determination hearing, and that discipline can only be imposed based on allegations identified in the "Loudermill notice." The Association claims that Weiss was denied due process because, prior to a hearing on his alleged policy violations, the Department failed to provide him with notice in a Formal Complaint Against Personnel (hereinafter, "Formal...

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