The city's police department has a procedure that establishes guidelines for police officers who are in pursuit of the occupants of another vehicle. A section of the pursuit policy state that a shift commander is to be assigned as Management Supervisor of each pursuit and has the authority to terminate a pursuit when public safety is at risk.
Patrol officers A became involved in a pursuit when a man pointed a rifle at his wife, threatened her, discharged the rifle, and then, in a vehicle he had stolen, fled from investigating police officers. Sergeant D, who had been assigned as Managing Supervisor, monitored the pursuit and finally ordered it terminated. Police Officer A, however, continued to follow the suspect despite having despite having been told by both Sergeant D and Sergeant C to stop the pursuit. Officer A apprehended the suspect when the suspect's automobile broke down. The city charged Officer A with violation of the pursuit procedure and suspended him for one day without pay.
At an arbitration hearing, Officer A testified that he was concerned that the suspect's automobile would break down and that, because the suspect had committed a felony (stealing a vehicle) and was armed, he might engage in a carjacking. Officer A further testified of his oath to protect the public and his belief that the public was in danger from the suspect. Officer A also testified that his emergency lights and siren were not in operation while followed the suspect, and he never attempted to close the gap on the suspect's automobile; thus he was not in pursuit.
The city argued that Officer A had failed to obey the orders of two sergeants to terminate a pursuit and should be disciplined for his failure to obey their orders.
1. As an arbitrator would you uphold (rule in favor of Policeman A) or deny (rule in favor of the Department) the grievance?
2. Would you change the punishment of Officer A from say a one-day suspension to that of a written warning, or something else? Please explain your answer.
3. What is the value to the police command in disciplining Officer A?