My partner issued a citation for possession of a small amount of Marijuana. After the preliminary hearing being rescheduled multiple times the officer decided with the amount of marijuana that was recovered and no prior history of drugs that he was going to withdrawal the charges. After withdrawing them the chief called him into the office and placed him on suspension pending termination. Can this be legally done?
If you have a union, it will depend on your collective bargaining agreement. If no union, then it will depend on what the County or City or Township policy is. It will also depend on what the practice and precedent is. All that said, I believe (I do not handle governmental based employment law) because it is a governmental body, he is entitled to a Laudermill hearing on any disciplinary action.
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I am licensed to practice law only in Pennsylvania and New Jersey. Therefore, my knowledge is based primarily on law in those two states and general and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you when you seek and find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged and any evidence being presented. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
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