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Union notifies city of intent to appeal officer’s firing

By Staff | Nov 16, 2010

The Cape Coral Police Department’s union has notified the city of its intent to appeal the agency’s recent decision to fire a police officer.
Officer Michael Moore was served a notice of his termination Nov. 1 and placed on administrative leave pending the final disposition of the matter, according to officials. The action went into effect after 10 working days, unless the city was informed of Moore’s decision to appeal.
“The union has filed a grievance challenging the discipline meted out against Officer Mike Moore,” Connie Barron, a spokeswoman for the Cape police, said Tuesday afternoon. “They would have had to have notified us by yesterday.”
Messages left for the Fraternal Order of Police Lodge 33 and John Fry, the Cape police union’s attorney, were not returned Tuesday.
Moore was fired following the completion of an internal affairs investigation, which was opened after a complaint was filed about Moore’s actions during a call for service. Moore was found to have used profanity and made an arrest without a proper basis — the State Attorney’s Office declined to prosecute.
Interim Police Chief Jay Murphy wrote in the termination notice that he took into account Moore’s discipline history when he made his decision. In the five years he has been with the Cape department, Moore has been the subject of 11 documented disciplinary inquiries, with six occurring since August 2008.
Of the six inquiries, five were related to his demeanor with supervisors and the public. Two involved the use of force and resulted in full investigations.
Moore could not be reached for comment Tuesday.
According to Barron, the union will present its argument to Murphy, who will reconsider his decision. If the union is unhappy with the chief’s new decision, it then will go before the city manager, who will make a decision. If the union is not happy with the city manager’s decision, the case goes to arbitration.
“The process can take a while,” she said.
Moore’s annual salary is $48,401.