 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Karins v. City of Atlantic City2/18/1998
The opinion of the Court was delivered by
The issue raised in this appeal is whether the First Amendment prevents a municipality from disciplining an off-duty firefighter for directing a racial epithet at an on-duty police officer. While James Karins, an off-duty firefighter employed by the City of Atlantic City ("City"), was being interviewed by a City police officer during a drunk driving traffic stop, he uttered a racial epithet when an African- American policeman arrived as a back-up officer. Karins was charged by the City Fire Department (A.C.F.D.) with violating department rules and regulations. The Personnel Director of the City, after conducting a hearing, found that Karins had violated specified rules and regulations and suspended him for 48 working days without pay. The Merit System Board reversed and the Appellate Division affirmed.
We reverse and hold that (1) the racial epithet uttered by Karins is not protected by the First Amendment in this disciplinary context, (2) the rules and regulations he was found to have violated are not unconstitutionally vague or overbroad, and (3) he was properly disciplined.
I.
On August 16, 1993, City police officers Andy Pronovost, who is white, and Mark Rassmann, who is African-American, were patrolling Gardner's Basin, the site of the City's annual "Harborfest" celebration. At approximately 12:15 a.m., Pronovost observed Karins drive his automobile into the Gardner's Basin area and stop to speak with a parking attendant. Pronovost spoke with the same parking attendant who informed him that Karins appeared to be intoxicated. Pronovost then followed Karins's car for a short distance and made a routine traffic stop.
As Pronovost approached the car, Karins and two female passengers exited the vehicle. Karins immediately identified himself as a firefighter with the A.C.F.D. During Pronovost's interview with Karins, he observed that Karins staggered, slurred his speech, and smelled of alcohol. Despite those observations, Pronovost in the exercise of his discretion, decided he would not subject Karins to any of the standard sobriety tests. Pronovost cautioned Karins and his companions about the dangers of driving while intoxicated. During the lecture, Karins responded with belligerence and sarcasm.
Rassmann observed those events and approached the scene to provide backup assistance. Rassmann greeted Pronovost with either "Hey Pronovost" or "Hey Bro." Karins then turned to Rassmann and stated "Oh no, don't start that nigger shit!" and walked away.
After the outburst, Pronovost informed Rassman that Karins was a City firefighter. Rassmann then approached Karins and requested his name and identification. When Karins attempted to discuss the racial epithet, Rassmann told him that they would discuss it when Karins was not drinking. Although upset and angered that another City employee would use a racial epithet while speaking to him, Rassmann had no intention of including the racial epithet in his official incident report because he wanted to handle the matter "man-to-man" at a later time. Karins was not arrested or charged with any offense that night.
Within a few days of the incident, both Pronovost and Rassmann were asked by their superior officers to supplement their reports to include the incident. On September 1, 1993, Karins was served with a Preliminary Notice of Disciplinary Action, charging him with the following misconduct:
1. Conduct Unbecoming a Public Employee ; [contrary to N.J.A.C. 4A:2-2.3(a)(6)];
2. Conduct Unbecoming an Atlantic City Firefighter:
Not conducting oneself in the customary rules of good behavior obs
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 New Jersey DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|