Van Compernolle v. City of Zeeland

241 F. App'x 244
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 9, 2007
Docket06-1904
StatusUnpublished
Cited by17 cases

This text of 241 F. App'x 244 (Van Compernolle v. City of Zeeland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Compernolle v. City of Zeeland, 241 F. App'x 244 (6th Cir. 2007).

Opinions

[245]*245OPINION

ZATKOFF, District Judge.

Christopher Van Compernolle (Van Compernolle), a former police officer with the City of Zeeland, Michigan, appeals the district court’s decision granting Defendants-Appellants’ (Defendants) motion for summary judgment on Van Compernolle’s claim that his discharge was in retaliation for engaging in union-related speech protected by the First Amendment. For the reasons set forth herein, we affirm.

I.

A.

Officer Christopher Van Compernolle began working for the City of Zeeland in 1991. By all accounts Van Compernolle was an excellent patrol officer, generally making more arrests than the other officers. Van Compernolle’s high arrest totals required him to make numerous court appearances that resulted in many hours of overtime. Rather than being paid overtime wages, Van Compernolle chose to bank his overtime hours as compensatory time (comp time). Pursuant to the union contract, officers could bank up to fifty hours of comp time during the year. When an officer elected to use some of the hours the bank would decrease accordingly, but could later be raised back up to fifty hours. At the end of its fiscal year, Zeeland paid any remaining comp time hours as overtime wages.

In addition to his police duties, Van Compernolle was active with his union and served as union president. During his time with the department Van Compernolle had earned the respect of his fellow officers and they generally viewed him as their de facto leader. In his capacity as union president, Van Compernolle worked with his supervisors and other city officials on union-related matters including comp time, retirement benefits, vacation time, and personal grievances. In 2001, Van Compernolle also opened a salt-water aquarium business in Zeeland.

During the relevant time period, Zeeland’s police department consisted of seven full-time police officers, three or four part-time officers, a sergeant, and a chief. As a small department, the officers were responsible for keeping track of their work hours on biweekly time sheets. Supervisors would review the time sheets before sending them to Zeeland’s finance department. The officers would often submit their time sheets for review on the same morning they were due in the finance department, leaving only a few hours for the supervisors to review them.

The City hired William Olney as its Chief of Police in May 2001. Prior to accepting his position with Zeeland, Chief Olney spent twenty-five years as a trooper with the Michigan State Police. As a trooper Chief Olney, like Van Compernolle, was active in his union. As Chief of Police, Olney’s duties, in addition to supervising and managing the department, included reviewing biweekly time sheets, officers’ work logs, and scheduling officers’ shifts. Chief Olney also addressed union grievances that individual officers had with various employment issues.

Chief Olney provided his input on department operations during the City’s negotiations with the officers’ union in 2002. The main issues during those negotiations, in which Van Compernolle also participated, concerned increasing wages and lowering the officers’ retirement age. These issues were not resolved during the negotiations, but were settled prior to arbitration in 2003. Additionally, the union proposed [246]*246an increase to the amount of comp time an officer could bank in one year from fifty hours to eighty hours. The city made a counter-offer to increase the cap to sixty hours per year. In the Chiefs opinion, comp time was more difficult from a management perspective than simply paying overtime wages. When an officer used comp time, it required supervisors at the department to rearrange schedules and sometimes struggle to find officers to fill shifts. Although he would not eliminate comp time completely, Chief Olney felt it should be limited because overtime pay was a more effective use of the department’s funds.

On March 25, 2002, Van Compernolle was disciplined for submitting inaccurate time sheets on four occasions between September 16, 2001, and January 30, 2002. These inaccuracies resulted in Van Compernolle being compensated for twenty-eight hours of work when he in fact did not work these hours. The Chief identified three department rules of general conduct that applied to Van Compernolle’s situation: (1) rule 1.20 False Statements or Records, a fourth-level offense; (2) rule 1.38 Neglect of Duty, a third-level offense; and (3) rule 2.3 False Reports, a fifth-level offense.1 Chief Olney elected rule 1.38 Neglect of Duty as the applicable violation, which was the least severe alternative. Although the department’s rules mandated a four-day suspension for a first-time third-level offense, the Chief required Van Compernolle to serve only one day of the four-day suspension and held the remaining three days in abeyance for two years on the condition that Van Compernolle not commit any similar violations in that period. Van Compernolle agreed to the conditions of the Chiefs disciplinary action and did not contest the fact of the violations.

Prior to the expiration of the two-year abeyance period, Van Compernolle submitted another inaccurate time sheet. The payroll records for the pay period ending March 20, 2004, indicated that Van Compernolle requested to use twelve hours of comp time but still reported working that day on his time sheet, resulting in his being credited for twelve hours worked without deducting any comp time. In a memo dated April 26, 2004, the Chief pointed out that this constituted Van Compernolle’s second third-level offense, which carried a penalty of an eight-day suspension. Further, the Chief reminded Van Compernolle that he had received a warning in November 2003 regarding another discrepancy in his pay sheet. Instead of requiring Van Compernolle to serve his three-day suspension from his first offense and the eight-day suspension from his second offense, Chief Olney offered to allow Van Compernolle to serve the eight-day suspension by forfeiting eighty hours of comp time. Van Compernolle agreed. The Chief also warned Van Compernolle that he expected accuracy in all work-related reports, especially where there was previous discipline, and that further violations could result in termination from the department. In addition, Van Compernolle received a written warning for reporting late for duty, a second-level offense.

On the same day as Van Compernolle’s second discipline, the department posted a notice that it would be accepting applications for a newly created Corporal position. Although Van Compernolle was the [247]*247only officer to apply, Chief Olney did not select him for the position. The Chief felt that it would be inappropriate to reward Van Compernolle with a promotion in light of his recent discipline. When he learned that he would not be promoted, Van Compernolle filed a grievance with the union on July 1, 2004, that was ultimately denied.

Finally, while reviewing the time sheets for the pay period ending July 10, 2004, Chief Olney discovered that Van Compernolle carried twelve hours of work on June 28, 2004, when he had in fact called in sick. Chief Olney did not immediately bring this discrepancy to Van Compernolle’s attention, but provided Van Compernolle with an updated sick leave balance sheet hoping that he would notice the error and correct it himself. The department regularly provided officers with updated balance sheets each time an officer used sick time.

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Bluebook (online)
241 F. App'x 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-compernolle-v-city-of-zeeland-ca6-2007.