Arbitrator Reverses Suspension for Alleged Misuse of the CORI system on an Unpopular Selectman
Sandulli Grace partner Amy Laura Davidson successfully reversed a one-day suspension issued against a Rehoboth police officer for alleged misuse of the CORI system to check up on an unpopular selectman with whom the Union has been at war. The arbitrator reversed the discipline in its entirety finding no just cause for any discipline against the grievant, Officer James Casey.
The Town argued that the CORI check was an unlawful curiosity check. The arbitrator found that Casey was prompted to run the check because Selectman Morra had demanded to meet with him about the status of Morra’s license.
The Town also argued that the check was unlawful because Casey did not take any action against Morra after finding that Morra had still not obtained a Massachusetts license. The arbitrator rejected that argument accepting Casey’s explanation that he did not want to start a war with Selectman Morra.
The arbitrator also noted that the Department had not provided training on the proper utilization of CJIS and that Casey was not on notice that discipline could result from his actions.
The arbitrator also recommended that the Town restore the grievant’s access to the CJIS and NCIC systems which was suspended by the Criminal History Systems Board.
Read the rehoboth-casey-arbitrators-award.pdf