Arbitrator Reinstates Pontiac Officer

While the issue before the Arbitrator - just cause for termination - is brief, the record presented to him to support or refute the claim was voluminous and required an inordinate amount of time to review and study. MAP is grateful that Arbitrator David S. Tanzman did just that.

In the end, Officer Martice Berry was reinstated to duty with retroactive pay and full benefits. The hard work by MAP's Executive Director Fred Timpner and Business Agent Joel Felt was crucial to that decision.

The Arbitrator concluded that the basic rights of Officer Berry were fundamentally disregarded; that he was denied his contractual rights to be fully informed of his alleged infractions in advance of the investigative procedure; and was denied his employee rights to which he was entitled to by contract. Many questions unanswered by the City of Pontiac about its procedures and data throughout the record left enough of a question about a possible bias on its part toward Officer Berry.

In addition to being reinstated with full benefits, Mr. Tanzman ordered that Officer Berry be granted the following:

1. Any benefits otherwise denied as a result of the termination:
2.

 That any restrictions imposed upon him during the investigation be removed, and he resume full, responsible function in his capacity as a Police Officer:
3. The City must clarify its policy definition of "secondary employment"

This is yet another example of how MAP continues to stand by its members and fight for their rights.

 

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