Arbitrator orders rehiring of fired Metro Police officer
Tuesday, March 3, 1998 | 10:13 a.m.
A former Metro police officer will get his job back after he was fired for mishandling a civilian's arrest.
Ron Fox is going to be "made whole" by getting his job back, according to an arbitrator's decision that came 10 months after he was fired by Metro.
Fox, a 10-year veteran, was terminated May 5, 1997, following an investigation into a complaint filed by a man Fox arrested while assigned to the Plaza Desk at City Hall.
It was "simply not considered as a viable argument" that Fox "violated basic tenets of the department," the arbitrator, attorney Louis Zigman with the American Arbitration Association, said in his decision.
"The decision was that the discipline given to him is rescinded and that he be reinstated with full back pay," said Rena Hughes, Fox's attorney. "It's binding arbitration. If the department chooses to challenge this, they have to have a basis. It has to be a mistake of law."
Zigman wrote in his 40-page decision, "It appears that the grievant acted properly and in a professional manner and in accordance with departmental objectives and standards in his interaction with and in his arrest (of a suspect).
"The grievance is sustained and the grievant shall be reinstated to his former position of employment," Zigman continued. "In addition, the grievant should be reimbursed for all lost pay and benefits that he lost as a result of the improper termination."
The evidence, Zigman said, failed to support the department's charge of "dishonesty, neglect of duty, conduct unbecoming of an officer, providing a false report, acting in violation of department values (and) a failure to be courteous ... The disciplinary action shall be rescinded and the grievant shall be made whole."
Fox, who has been working in the construction industry since his termination, declined to comment for this story.
Hughes said she didn't know when the department would reinstate Fox. Doug Spring, director of personnel for Metro, said that although he had not seen the decision, "if the arbitrator said reinstate him, we'll try to reinstate him as soon as possible."
In an earlier unrelated discipline case, Fox was demoted from sergeant to officer. District Judge Jack Lehman ruled that Fox's demotion was warranted. That decision has since been appealed to the Nevada Supreme Court.
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