Case Study: Popescu V. City

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Carrollton Police Officer Thomas Popescu advised his supervisors that he injured his leg, falling in the parking lot while coming on duty. He took three paid sick leave days. He submitted his medical bills to his insurance carrier; later became aware that the City paid his medical bills under its workers' compensation plan. He did not filed a compensation claim. Other officers advised the Carrollton Police Chief that Popescu falsely claimed a work injury so as not pay for his medical bills. On August 14, 1987, the Chief directly gave Popescu two charge letters, which placed him on indefinite suspension. The first letter stated he would remain suspended indefinitely for various violations of policy. The second letter stated he would remain indefinitely suspended for insubordination. Both of the August 14 letters directed to the Carrollton Civil Service Commission Code violations and the policy violations that Popescu allegedly committed. Neither letter notified Popescu that he if appealed to an independent hearing examiner; he would waive his right to appeal to the district court except under certain circumstances. On …show more content…

The second August 25 letter amounted to an unlawful amendment. The City relied on section 16b(b) of article 1269m, which provided that "[i]n a civil service hearing conducted under this subsection, the department head is restricted to his original written statement and charges which may not be amended." However, section 16c(a) included in pertinent part the following language, "in addition to other notice requirements prescribed by this Act. The language in this section not only points out that the Legislature intentionally imposed the notice requirements contained in section 16c on the City, but all of the notice requirements contained within the

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